(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
(b) You must pay for the Product online by credit card or PayPal account. Your payment will be processed upon receipt of your order.
2. Cancellation of orders
(a) Glass by Emma Klau may cancel an order that it has already accepted if the we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order, we will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when we ship the Product to you.
(a) Glass By Emma Klau will normally ship the Product within 5 Business Days of receipt of your order, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided to Glass by Emma Klau by its shipping company
(b) We will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.
You can return or exchange any item, for any reason, within 30 days of receipt.*
If the item you wish to return is faulty, we will require either photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it. You will then be offered a replacement or repair of the faulty item or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, eg. your credit card (via PayPal), PayPal account or store credit.
If you change your mind on a purchased item, you will be given a store credit to the same value once the item has been received, and any shipping costs incurred will not be refunded. Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot credit your account until the item has been received.
Please note: Store credits are valid for 1 year from the date of issue, unless specified otherwise.
All items being returned must be dispatched/shipped within 10 days of the return being approved, and must be in original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on your part. If these requirements are not met, Glass by Emma Klau reserves the right to deny a return.
If for any reason a product you have ordered is not available or out of stock, we will also refund you via PayPal or offer you a store credit to the same value, and in this case any shipping costs will be refunded.
Please note: We are unable to return or exchange an item that is not being returned or exchanged by the original purchaser.
5. General restrictions
(a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
(c) In using this Website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this Website; or
(vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.
6. Warranties and liability
(a) Glass By Emma Klau warrants that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to us for a full refund or store credit as described in section 4 above:
(i) each Product will comply in all material respects with any descriptions given on this Website;
(ii) each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).
In addition, if the Australian Consumer Law applies to Glass by Emma Klau’s sale of a Product to you, Glass by Emma Klau provides you with notice of the following guarantee under the Australian Consumer Law:
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and Glass by Emma Klau is able to limit your remedy for a breach of such a Non-Excludable Provision, then Glass by Emma Klau’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at Glass by Emma Klau’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to Glass By Emma Klau’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of Glass by Emma Klau for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) AUD$100; and
(ii) the amounts paid by you to Glass by Emma Klau as a result of the purchase of a Product.
In calculating Glass by Emma Klau’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Glass by Emma Klau under any Non-Excludable Provision.
(f) Subject to Glass by Emma Klau’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, Glass by Emma Klau is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(g) Glass by Emma Klau’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
7. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.
(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(d) These seller terms constitute the entire agreement between Glass by Emma Klau and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between Glass by Emma Klau and you in relation to the Products.
(e) Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
(f) The provisions of these seller terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these seller terms.
(g) The term “including” when used in these seller terms is not a term of limitation.