TERMS of SERVICE
Welcome to my website. This website is owned and operated by Leonie Walton (ABN 64 097 662 374). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include my Privacy Policy (Terms). You should review my Privacy Policy and these Terms carefully and immediately cease using my website if you do not agree to these Terms.
For the purposes of these Terms, “My” and “I” refers to Leonie Walton and “You” and “Your” refers to you, the client, visitor, website user or person using my website.
AMENDMENT OF TERMS
I reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using my website to ensure you are aware of any changes. I will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use my website then I will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Leonie Walton’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential precondition to you using my website that you agree and accept that Leonie Walton Creative is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in my documents or information, any goods or services I may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which I shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
My goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Leonie Walton Creative’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
RETURNS AND REFUNDS
You are entitled to a replacement or refund for a major failure and for 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.
If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact me by e-mail via the contact page as soon as possible to inform me of any damage to your goods. You must include your original order number, with your name and address.
CHANGE OF MIND RETURNS
I do not accept change of mind returns. Please choose carefully and check that the product you select is right for you.
SHIPPING
Standard delivery in the Eastern side of Australia takes 2 to 5 business days and express delivery takes 1 to 2 business days. Western Australia standard delivery takes 7-9 business days and express delivery takes 3-4 business days. International orders vary greatly between different regions of the world. When I email confirmation of your order and payment, the tracking details of your order will include an estimated delivery date so you can monitor your delivery progress. In the unlikely event of delivery problems at my end, I will keep you informed by e-mail of expected dispatch dates.
LINKS TO OTHER WEBSITES
I may from time to time provide on my website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between me and the owners of those websites. I take no responsibility for any of the content found on the linked websites, the links are merely to inform your decisions.
My website may contain information or advertisements provided by third parties for which I accept no responsibility whatsoever for any information or advice provided to you directly by third parties. I am making a ‘recommendation’ only and am not providing any advice nor do I take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, Leonie Walton Creative gives no warranty that my website or its server is free of viruses or any other harmful components.
Whilst I, at all times endeavour to have the most accurate, reliable and up-to-date information on my website, I do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
I reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and I will not be responsible for any loss, cost, damage or liability that may arise as a result.
YOUR PRIVACY
I am committed to protecting your privacy. I use the information I collect about you to maximise the services that I provide to you. I respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read my separate Privacy Policy carefully.
You may change your details at any time by advising me in writing via email. All information I receive from my customers is protected by my secure servers. My secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by me on my servers.
THIRD PARTIES
I do not and will not sell or deal in personal or customer information. I may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, I may use the information that you provide to improve my website and services but not for any other use.
DISCLOSURE OF INFORMATION
I may be required, in certain circumstances, to disclose information in good faith and where I am required to do so in the following circumstances: by law or by any court; to enforce the terms of any of my customer agreements; or to protect the rights, property or safety of my customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of me. Leonie Walton Creative expressly excludes and does not permit you to use or access my website, to download any documents or images from its website or obtain any such documents or images through a third party. If you breach this term then Leonie Walton Creative will hold you fully responsible for any loss that I may sustain and further hold you accountable for all profits that you might make from such forbidden and improper use. I reserve the right to exclude and deny any person access to my website, services or information in my sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website.
I expressly reserve all copyright and trademark in all documents, images and materials on my website and I reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Leonie Walton Creative concerning your use and access to my website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
IMPORT DUTY
If you order products from our site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
JURISDICTION
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and Leonie Walton Creative that results in litigation then you must submit to the jurisdiction of the courts of QLD.
