TERMS AND CONDITIONS
All goods and services (“Products”) supplied by Lylac Homeware are subject to these terms and conditions. By using this site, you agree to these terms and conditions.
1. ORDER ACCEPTANCE
By placing an order with us, you warrant that you are at least 18, and you reside in Australia. No order is binding until accepted by us. When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgment and does not mean your order has been accepted. We reserve the right to accept any order in whole or in part. Where we make part delivery of any order, each delivery will constitute a separate contract. You may not cancel or vary any order after it has been accepted. Although we try to ensure that all details, descriptions and prices on our site are accurate, errors may occur. If we discover an error in price, or any other issues with your order, we will inform you of this as soon as possible and reserve the right to reject your order. If we reject any order, we will endeavour to notify you at the time you place your order or within a reasonable time after the order is submitted.
2. PRICE
The prices of any Products will be as quoted on our site. Prices stated are excluding GST and delivery cost. Unless otherwise agreed, prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation email unless there is an obvious pricing error. Where a Product’s correct price is less than the price on our site, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. We are under no obligation to provide any Product to you at an incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised as an error.
3. PAYMENT
Except for customers approved for credit, payment for all Products must be by online transfer, cheque, or credit card by Visa? and MasterCard?. If you choose to pay by credit card then will have 1% surcharge.
Credit orders are accepted subject to satisfactory credit approval and are governed by our credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required on delivery for contracted customers. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice or arranged days from the date of a consolidated monthly statement. Payment must be made in full, without set off or deduction. We will investigate any disputed amounts, and if resolved in your favour, a credit will be issued to you. We reserve the right to charge card surcharges in the event payments are made using a credit, debit or charge card including Visa?, MasterCard?.4. TITLE AND RISK
Ownership of the Products will only pass to you when we receive full payment of all sums due to us, whether in respect of the Products or otherwise, including delivery charges.
If you have been approved for credit, you grant to us, our agents and servants, leave and licence to enter at any time on and into any premises occupied by you to inspect, search for or remove any of the Products. If the Products have been sold by you, you acknowledge that such sale is made by you as bailee for and on behalf of us, to hold the proceeds of sale on trust for us, in an account in the name of us, until payment in full for the Products is made to us.
5. Delivery Fees
Transport charges are applicable to all orders, except under special arrangements. Please check with our office for rates.
6. Short/Damage Credit Claim
a. All claims for credit must be notified, in writing within 14 days of invoice date. Claims not notified within this period will not be recognised and accepted.
b. Returns will not be accepted without a valid invoice number being quoted. If you are unsure of these details, please contact Lylac Homeware before lodging your claim to avoid processing delays or the declining of your claim.
c. All products returned other than for reason of damage must be 100% complete and be in saleable condition. No Credits will be issued for items that have been priced in you store, as we cannot resell these products.
d. Customers are responsible for the costs of returning goods for credit, except those collected by sales Representative from Lylac Homeware.
e. Credits for short supply missing goods will only be processed after we have confirmed on hand quantities against our stock system for accuracy.
7. PERSONAL PROPERTY SECURITIES
If you have been approved for credit, you acknowledge and agree that by assenting to these terms you grant a security interest under the Personal Properties Securities Act 2009 (‘PPSA’) in favour of Lylac Homeware in all Products supplied by us to you. You agree to do all things reasonably requested by us for the purpose of registering our security interest, including providing consents, signing and producing documents, and supplying information at your own cost. You agree not to register a financing change statement as defined in section 10 of the PPSA without our prior written consent and you undertake to give us not less than 14 days’ prior written notice of any change in your name and/or other changes in your contact details. To the extent permitted by the PPSA, you waive your rights to receive a notice under any of subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the PPSA or a statement referred to in subsection 132(3)(d) and 132(4). Pursuant to section 157 of the PPSA, unless otherwise agreed in writing by us, you waive the right to receive the verification statement relating to the security interest. You agree to pay all costs incurred by us in enforcing or attempting to enforce the security interest created by these terms.
8. TERMS CONFLICTS
Unless otherwise expressly agreed in writing by us, these terms and conditions will apply to the exclusion of all other terms and conditions contained in your order. In the event of any inconsistency, we will be deemed, by delivering the Products or supplying services to you, to have made an offer to you to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if you retain the Products or accept the services.
9. JURISDICTION
These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of that state.
10. VARIATIONS
We reserve the right to revise and amend these terms and conditions at any time in our absolute discretion. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised terms and conditions.