Last Updated: 27 June 2017
General Terms and Conditions of Sale: Lyn and I
These are the General Terms and Conditions of Sale (Conditions) for all products available for sale by Collaborative Solutions and Design Pty Ltd trading as Lyn and I (ABN 58 616 278 007) (Lyn and I) (“we”, “us” and when relating to us, “our”), including products available for sale on the website www.lynandi.com.au owned and operated by Lyn and I (Website).
These Conditions apply to all transactions between the purchaser (“you”) and Lyn and I, including all quotations, offers, orders or sales.
These Conditions (which will only be waived or varied in writing signed by Lyn and I) will prevail over all conditions of the transaction to the extent of any inconsistency.
Please read these Conditions carefully. By creating an account on the Website, checking the box marked “I Agree” or “I Accept” or otherwise completing a purchase with Lyn and I, you indicate that you have read, understood and agree to be bound by these Conditions.
Please read this document carefully and contact us at firstname.lastname@example.org if you have any questions.
Unless otherwise stated, the terms in these Conditions have the following meaning:
Afterpay means Afterpay Pty Ltd (ACN 169 342 947)
Agreement means your agreement with Lyn and I made on your acceptance (in accordance with these Conditions) of Lyn and I’s offer contained in these Conditions
Australia Post means the Australian Postal Corporation
Conditions means these General Terms and Conditions of Sale, as updated or amended from time to time
Delivery Address means the address for delivery of products nominated by you at checkout
Delivery Service means Australia Post or Sendle, whichever is applicable in the circumstances
Dispute means any dispute arising out of or in relation to this Agreement or these Conditions
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 belonging to Lyn and I, or to which Lyn and I is entitled, in relation to its business, products and the Website
Lyn and I means Collaborative Solutions and Design Pty Ltd trading as Lyn and I (ABN 58 616 278 007)
Notice means a notice in writing delivered by hand, post or email to the last-known address of the party to whom it is addressed
Parties means the parties to this Agreement
PayPal means PayPal Australia Pty Limited (ABN 93 111 195 389)
Purchase Price means the purchase price determined by Lyn and I for any product, inclusive of all applicable taxes, duties or levies (including GST)
Sendle means Sendle Pty Ltd (ABN 99 161 399 622)
Square means Square AU Pty Ltd (ACN 167 106 176)
Stripe means Stripe, Inc
Website means the website located at www.lynandi.com.au, which is owned and operated by Lyn and I
While Lyn and I takes every care in collating and organising the content on the Website, including details, descriptions, textures, appearance, colours and prices of products which appear on the Website for sale, you acknowledge that errors may occur and that images of products may vary from the delivered product, depending on your monitor or screen, settings and computer equipment.
Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the Purchase Price.Lyn and I may elect not to fill any order (or part of an order) that you have placed where the Website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies or where a product is out of stock.
You agree to pay the Purchase Price for any product to Lyn and I.
- Prices displayed on our Website are shown in Australian dollars (AUD).
- Where the option is given to you, you may make payment by way of:
- Credit Card payment;
- Afterpay; or
- any other method of payment accepted by Lyn and I from time to time.
In making any payment, you warrant that you have read, understood and agreed to be bound by these Conditions, the terms and conditions of any payment gateway or processor (such as PayPal, Square, Stripe or Afterpay) and the terms and conditions of any Delivery Service, which are available on their respective websites.
You acknowledge and agree that payment of the Purchase Price is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that Lyn and I may immediately stop delivery of any products unless or until those costs are paid by you to Lyn and I.
You agree and acknowledge that Lyn and I can vary the Purchase Price for any product at any time on notice, and that such notice is given by posting the updated price on the Website.
- Lyn and I may, at its option and without prejudice to any of its rights, either suspend delivery, require payment in a particular form or terminate this Agreement by Notice to you where you:
- default on any payment due under this Agreement;
- commit an act of bankruptcy; or
- in the case of a company, become subject to:
i. a petition, an order being made or a meeting being called to consider a resolution for you to be wound up, deregistered or dissolved;
ii. a receiver, receiver and manager or an administrator is appointed to all or any part of your property and undertaking;
iii. the entering of a scheme of arrangement (other than for the purpose of restructuring); or
iv. any assignment for the benefit of creditors.
Lyn and I may make gift cards available for purchase on the Website within its absolute discretion. Unless otherwise stated in any other relevant document, any gift card issued by Lyn and I is subject to the terms and conditions set out in this clause.
Gift cards are issued by Lyn and I electronically on the Website and may be redeemed by entering the unique coupon code at checkout.
Gift cards are redeemable for products sold on the Website only. Gift card credit may not be applied toward the cost of postage on any order.
Gift cards may be redeemed for twelve (12) months from the date of purchase. Gift cards will expire after this date and will be unable to be redeemed, replaced or refunded.
Gift cards are issued for the initial credit amount only and are not able to be topped up or reloaded.
Gift cards are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Lyn and I may offer to discount the Purchase Price on products available for purchase on the Website within its absolute discretion. Unless otherwise stated in any other relevant document, any offer by Lyn and I to provide any products at a discounted, reduced or promotional price is subject to the terms and conditions set out in this clause.
Discounts are applicable to the Purchase Price stated on the Website as at the date the offer is made.
Discounts may be claimed by entering the unique coupon code at checkout.
Discounts are not available in conjunction with any other offer.
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last.
Discounts are available on the products stated in the offer, or else on full priced products only.
Unless otherwise stated, discounts are not available on purchases made using gift cards or store credit.
Discounts are offered by Lyn and I in its absolute discretion and Lyn and I reserves the right to revoke any discount offer at any time without notice.
Lyn and I may issue you with store credit in accordance with these Conditions, or otherwise within its absolute discretion. Unless otherwise stated in any other relevant document, store credit is subject to the terms and conditions set out in this clause.
Store credit is redeemable for products sold on the Website only.
Store credit will be applied to your account on the Website. If you do not have an account on the Website, you will be required to create an account prior to store credit being provided.
Store credit may be redeemed by logging in to the Website, proceeding to checkout and selecting the option to apply store credit to your purchase.
Store credit may not be applied to postage on an order.
Store credit may be redeemed for twelve (12) months from the date of issue. Store credit will expire after this date and will be unable to be redeemed, replaced or refunded.
Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Lyn and I may exchange a product purchased by you in accordance with these Conditions, or otherwise within its absolute discretion. Unless otherwise stated in any other relevant document, exchanges are subject to the terms and conditions set out in this clause.
Requests for exchange must be made by email to email@example.com within fourteen (14) days of purchase.
Where Lyn and I agrees to an exchange, you must return the item to Lyn and I in accordance with these Conditions, or otherwise in accordance with instructions provided by Lyn and I.
Where Lyn and I agrees to an exchange, exchange is only available for products with a Purchase Price equal to or lesser than the Purchase Price of the original product. The exchange value does not include any postage or handling fees.
Unless otherwise provided in these Conditions, you will be responsible for any additional postage or handling fees incurred by you in returning the item to Lyn and I, as well as any additional postage or handling fees incurred by Lyn and I in delivering the product on exchange. Lyn and I may choose to refund part or all of your postage costs within its absolute discretion.
Postage and Delivery
Lyn and I posts products within Australia only. Products are sent to the Delivery Address via ordinary post with Australia Post or Sendle and are subject to their respective terms and conditions which are available on their respective websites. The choice of Delivery Service is entirely within the discretion of Lyn and I.
Lyn and I may post products internationally within its absolute discretion. Requests for international postage should be made by email to firstname.lastname@example.org prior to purchase and will be subject to additional postage costs. You will also be responsible for any export, import or other taxes or duties that may apply. Lyn and I reserves the right to cancel and refund any order requiring postage outside Australia.
Lyn and I may post products using express or registered mail on request. Requests for express or registered mail should be made by email to email@example.com prior to purchase and will be subject to additional postage costs. Lyn and I reserves the right to cancel and refund any order requiring express or registered delivery.
You agree to pay to Lyn and I postage fees in the sum of $10.00 in addition to the Purchase Price for orders up to 5kg in weight. Should your order exceed 5kg in weight, Lyn and I reserves the right, in its absolute discretion, to charge additional postage fees in accordance with the current fees and charges charged by the Delivery Service.
You acknowledge and agree that payment of postage fees or any other payments referred to in this clause (in addition to the Purchase Price) in accordance with this clause is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment of postage fees or other amounts is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that Lyn and I may immediately stop delivery of any products unless or until those costs are paid by you to Lyn and I.
You acknowledge and agree that Lyn and I can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
Lyn and I will endeavour to dispatch orders within two (2) business days of your order confirmation. You acknowledge and agree that handling times may vary and that Lyn and I will not be liable for any delay in dispatch of your order.
Products will be delivered in accordance with the Delivery Service’s estimated delivery times, which are available on their respective websites.
You may track your order using tracking services provided by the Delivery Service. Where available, Lyn and I will provide tracking details once your order has been dispatched to the Delivery Service. Lyn and I is in no way responsible for the reliability or accuracy of any tracking service provided by the Delivery Service. Should you experience any issues with the tracking service, you must contact the Delivery Service directly.
While Lyn and I endeavours to keep dispatch and delivery dates, any delay of dispatch or delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate this Agreement.
Should circumstances beyond the control of Lyn and I prevent or hinder dispatch or delivery, Lyn and I will be free from any obligation to deliver products while such circumstances continue. For as long as such circumstances exist, Lyn and I may, at its option, cancel, rescind or terminate all or any part of this Agreement or keep the Agreement on foot until such circumstances have ceased. Such circumstances beyond the control of Lyn and I include, but are not limited to: strikes, lockouts, rebellions; flood; fire; extreme weather events; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology systems.
In the event of non-delivery, you must contact Lyn and I within five (5) business days of the estimated date of delivery (calculated in accordance with this clause). Non-delivery issues will be lodged with the Delivery Service for investigation in accordance with their terms and conditions.
It is your responsibility to ensure that you supply Lyn and I with a current, accurate and accessible Delivery Address and that products can be delivered to the Delivery Address. Lyn and I will not be responsible for any incorrect or failed delivery due to your failure to provide a current, accurate and accessible Delivery Address.
If a product is undelivered due to your error and returned to Lyn and I, any further postage fees incurred by Lyn and I for arranging the return of the product and the re-shipping will be payable by you prior to the product being re-shipped. Lyn and I reserves the right, in its absolute discretion, to terminate this Agreement and issue a refund or replacement of your order in accordance with these Conditions.
If a product is deemed undeliverable, it may be disposed of in accordance with the Delivery Service’s terms and conditions. Lyn and I will not be responsible or liable in any way for the sale, destruction or other disposal of the product.
In the event of products lost or damaged in transit, you agree that Lyn and I’s liability will be limited to that which it is able to recover from the Delivery Service, less its reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Risk in the products will pass to you upon delivery of the products to you. If you have authorised Lyn and I and its agents or a Delivery Service to leave products unattended at the Delivery Address, the order will be deemed delivered on leaving the order at the Delivery Address.
Where, in accordance with these Conditions, Lyn and I accepts return of any products, risk in those products will revert to Lyn and I upon delivery of the products to Lyn and I.
Australian Consumer Law
These Conditions do not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision of products by Lyn and I on the Website, which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. Lyn and I does not exclude these rights but does exclude all other conditions and warranties implied by custom, law or statute. The terms in these Conditions that seek to modify, exclude or limit Lyn and I’s liability will apply to the maximum extent permitted by law. These Conditions must be read and construed subject to any such statutory provisions.
To the extent permitted by law, where Lyn and I makes a supply of products to you for the purposes of the Australian Consumer Law, if Lyn and I or any of its employees, sub-contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law (other than a guarantee under section 51, 52 or 53), then Lyn and I’s liability for breach of the guarantee is limited, at Lyn and I’s option, to:
replacement of the products or the supply of equivalent products;
repair of the products;
payment of the cost of replacing the products or acquiring equivalent products; or
payment of the cost of having the products repaired; or
such other remedy as is fair and reasonable in the circumstances and which Lyn and I is ready and willing to provide
and in any case, Lyn and I will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
In circumstances where the Australian Consumer Law does not apply, Lyn and I excludes all liability for any and all loss or damage suffered by you or any other person in any way connected with a purchase or the Website and will only provide a remedy if:
Lyn and I is unable to continue to provide the product;
Lyn and I makes a decision, in its absolute discretion, that it is reasonable to do so under the circumstances; or otherwise in accordance with these Conditions.
Refund Policy and Procedure
This refund policy is additional and supplementary to the rights stated in relation to the Australian Consumer Law above and does not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.
If you are unhappy with your order, you may return the product in exchange for a product with the same or lesser Purchase Price or for store credit for the Purchase Price (less postage fees) within fourteen (14) days of purchase. Lyn and I will not offer a refund on purchases where you have changed your mind or made an incorrect choice, whether before or after delivery, so please choose carefully.
If products are damaged in your possession, Lyn and I will not be responsible for repair, replacement or refunds of the products (see clause, Risk).
If you receive a damaged or faulty product, you must email contemporaneous photographs to firstname.lastname@example.org within fourteen (14) days of purchase, unless your order is delivered after that date, in which case you must email the photographs to email@example.com within fourteen (14) days of delivery. Where Lyn and I is satisfied of a legitimate claim, Lyn and I will offer you the choice of: a refund, exchange (see clause, Exchange) or store credit (see clause, Store Credit) to the full value of your claim. Lyn and I may, in its absolute discretion, agree to provide a remedy combining the above options. Refunds will be made using the same method as was used at checkout.
To claim your refund, exchange or store credit in accordance with this clause, you must post the product to Lyn and I at the address nominated by Lyn and I within five (5) days of lodging a claim with Lyn and I. Products must be posted with a return code supplied by Lyn and I. You are responsible for all postage costs associated with returns. Where Lyn and I is satisfied of a legitimate claim for a damaged or faulty product, Lyn and I will reimburse postage costs using the same method as was used at checkout. In order for postage costs to be reimbursed, you must include your postage receipt with the returned product or email a copy of your postage receipt to firstname.lastname@example.org on the date of posting. We recommend that you track and/or insure your delivery, as Lyn and I will not be liable if the product is lost or damaged in transit (see clause, Risk).
Returned products (other than products found to be damaged or faulty by Lyn and I) must be unopened and in their original packaging. Failure to return products in this condition will result in the products being returned to sender and a claim for any further postage costs incurred being made. You are responsible for all postage costs associated with such returns.
Once we have received a returned product, an exchange, store credit or refund (in accordance with these Conditions) will be processed within seven (7) business days. To receive store credit, you must create an account on the Lyn and I Website. Please ensure that you do this prior to returning your product, as a delay in creation in your account will result in a delay in processing your store credit.
For exchanges, store credits and refunds not processed within seven (7) business days, please follow up by email to email@example.com. You agree and acknowledge that Lyn and I will not be liable for any delay in processing of an exchange, refund or store credit.
All Intellectual Property Rights in the Website, its contents and products are owned by Lyn and I.
You acknowledge and agree that all Intellectual Property Rights owned by Lyn and I before and after this Agreement will remain the sole property of Lyn and I and that nothing in this Agreement transfers any ownership in Intellectual Property Rights to you.
You agree not to copy, share, distribute, disclose or otherwise infringe on any of Lyn and I’s Intellectual Property Rights.
Subject to the balance of this clause, Lyn and I grants you a worldwide, non-exclusive, royalty-free, revocable license to share photographs and images of Lyn and I’s products on social media on the condition that you credit the photograph or image to Lyn and I by tagging Lyn and I on the social media platform or such other method as Lyn and I agrees to in writing. Lyn and I’s social media handles are available on the Website. Compliance with this condition is an essential term, any breach of which will amount to a breach of this Agreement and will entitle Lyn and I to immediately revoke the licence and claim a remedy from you, including damages for loss or an account of profits.
If a Dispute arises out of or relates to this Agreement or Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless this clause has been complied with (except where urgent interlocutory relief is sought).
A party to this Agreement claiming a Dispute has arisen, must give Notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that Notice by that other party, the Parties to the Agreement must:
Within thirty (30) days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
It is your responsibility to ensure that any product you purchase is appropriate for your own use and specific situation. You must ensure that you carefully read the product title, details, description and all disclaimers before purchasing anything from the Website.
To the extent permitted by law, Lyn and I disclaims all responsibility and liability for any loss or damage, however caused, suffered by you or any other person, in relation to the Website and any products sold on the Website or otherwise.
Lyn and I sells candles on its Website. You acknowledge that candles present a safety and fire, hazard and injury risk. Our candles come with a safety and instruction sheet. You agree to read and abide by the safety and instruction sheet. You further acknowledge and agree that Lyn and I will not be responsible for any loss or damage caused by your failure to read or comply with the safety and instruction sheet or other failure to exercise reasonable caution or to take reasonable steps to ensure safe use and enjoyment of the product.
Advice and Information
Any advice, recommendation, information, assistance or service given by Lyn and I in relation to products sold or manufactured by Lyn and I or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and Lyn and I does not accept any liability or responsibility for any loss suffered as a result of your or any other person’s reliance on such advice, recommendation, information, assistance or service.
Independent legal advice
Both parties confirm and declare that:
- they have read and understood the Conditions;
- the Conditions are fair and reasonable;
- they have taken the opportunity to obtain independent legal advice or, having been afforded the opportunity to obtain independent legal advice, have chosen not to do so;
- they have been afforded the opportunity to negotiate changes or amendments to the Conditions; and
- the Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Lyn and I reserves the right, in its absolute discretion, to review and change these Conditions by updating this document. You agree that notice of the amended Conditions will be given to you by posting a copy on the Website or otherwise make a copy of it available to you, and that changes to the Conditions take immediate effect from the date of notice. Before you continue, we recommend you keep a copy of the Conditions for your records.
If any part of these Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Conditions shall remain in force.
This Agreement may be terminated and performance of services or delivery of products cancelled at any time by Lyn and I on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, Lyn and I will refund any amounts paid by you in respect of undelivered products.
This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to this Agreement or Conditions, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement or Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Conditions shall be binding to the benefit of the Parties and their successors and assigns.