This Website is operated by Abbotsford Convent Foundation (ACN 098 462 474). Throughout the Website, the terms “we”, “us” or “our” refer to Abbotsford Convent Foundation.
Our Website is an online platform to facilitate the sale and purchase of various Product(s) offered by the Abbotsford Convent Tenant Community.
By accessing, viewing and using this Website and/or purchasing something from our Website, you agree to be bound by these terms and conditions (Terms), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of our Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree with the Terms, you must cease use of the Website, or making any purchases, immediately.
We reserve the right to change these Terms at any time without prior notice and you will be taken to have accepted any change by continuing to use our Website.
Key Terms
- Website refers to the website located at abbotsfordconvent.com.au/shop and any future URLs that we may register and links to this Website.
- Product(s) means any items that are displayed on our Website and that you have offered to purchase. This may include goods, classes/workshops and services produced and delivered at the Abbotsford Convent Precinct.
- Seller(s) means an independent seller, and tenant at the Abbotsford Convent, who wishes to sell their products through our website.
Purchasing Products On Our Website
On our Website, Sellers can list their Products for sale, and you can browse, select, order and purchase these Products.
Any order placed through our Website is an offer by you to the Seller to purchase the Product(s) in accordance with these Terms. If the Seller accepts your offer, then an agreement is formed between you and the Seller for the particular Product(s). Further, We and the Seller(s) reserves the right to accept or reject an order for any reason.
In purchasing Product(s) from our Website, you warrant that you have familiarised yourself with, and agree to be bound by, these Terms.
Since we only serve as an agent between you and the Seller, we are not a party of any agreement between you and the Seller.
Accuracy, Completeness and Timeliness of Information
We collate information about the Products and Sellers from our Sellers directly. As such, we cannot be held liable for any wrong information or misrepresentation.
We are not responsible if information made available on our Website is not accurate, complete or current. Information and material displayed on our Website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting the Seller directly. Reliance on the information available on our Website is at your own risk. We do not warrant the quality of any Products, information or other material purchased or obtained by you will meet your expectations.
While all Products for sale on this Website are described and photographed as accurately as possible, the colours shown are representational only. We cannot guarantee that your device display of any colour will be accurate.
We and the Seller(s) reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction.
Availability of Products
You acknowledge and agree that from time to time, Product(s) on the Website may be out of stock or unavailable and our Sellers may not be able to fulfil all or part of your order.
If an event of this nature occurs, we will provide you with a refund.
We and the Seller(s) reserve the right to limit the sales or quantity of Products to any person, geographic region or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Prices, GST and Taxes
All prices on our Website are listed in Australian Dollars and include GST (where applicable).
By placing an order, you agree to pay the stated price (plus any applicable shipping and handling charges) in Australian Dollars for all orders. You agree to pay any additional charges or taxes incurred (including any custom duties) if applicable to the sale or delivery of your order.
We and our Sellers reserve the right to change the prices of Products and shipping at any time without notice to you.
Payment
All payments must be made in full prior to delivery of the Product(s). Following payment, you will be issued with a receipt to confirm that payment has been received and we may record your purchase details for future use.
Payments are processed through ArtsPay. We currently accept payments through credit cards (Visa, MasterCard only). We reserve the right to change our mode of payment at any time.
To the extent permitted by law, we will not be liable and responsible for any consequential loss or damage (whether direct or indirect) suffered by you as a result of any credit card fraud.
We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, including any foreign exchange transaction fees.
If your payment is not received in full or is declined by your bank or credit card issuer, we will not hold the Products against your order.
Repairs, Refunds & Replacements
If you receive Products that are damaged or not of acceptable quality, you may have rights under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and/or other consumer laws applying in each Australian State or Territory.
You must notify the Seller of any damaged Product(s) as soon as possible.
If there is a minor problem with your Product(s) (as defined in the Australian Consumer Law) the Seller may repair the Product(s) instead of offering you a replacement or a refund. If there is a major problem with the Product(s), a refund or a replacement may be available.
You will be responsible for the costs of returning the Product(s) to the Seller unless the Seller is required to do so under Australian Consumer Law. We encourage you to use a trackable or sign-for delivery service when returning Product(s).
Unfortunately, Sellers are unable to provide a refund for the following Products: personalised or made to order, undergarments, and pierced jewellery that has been used or opened.
All Product(s) must be returned within 10 days from the date you receive your order and must be shipped by the original purchaser. Further, all Product(s) must be returned to the Seller in their original packaging complete with any accessories. If the aforementioned conditions are not met, the Seller reserves the right to deny a return.
Exchange
In addition to any of your rights under Australian Consumer Law, if you have changed your mind about your purchase, our Sellers will not be able to offer you a refund or exchange. However, you may be able to contact the Seller directly and arrange an exchange on your own.
Product Care
If you have damaged the Product(s) yourself, or you have failed to take proper care of the Product(s) the Seller may not be able to provide you with a repair, refund or replacement.
However, you may still be able to contact the Seller to arrange a repair or replacement. The cost of any repair or replacement will be borne by you. Further, the arrangement for any repair or replacement shall be between you and the Seller only and we will not be a party to this arrangement.
Delivery Process and Times
While all effort is made to ensure that Products purchased from our Website will be processed by the Seller within 2 – 7 business days of receiving your order, we or the Seller cannot guarantee processing times.
Orders are generally delivered using Sendle. We and the Sellers reserve the right to use other third-party delivery services for your order. By placing an order, you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties for the purposes of delivery. When your order is fulfilled, you will be provided with a tracking number so that you can track the delivery of your order.
Further, you agree that notwithstanding anything in these Terms, we or our Sellers are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.
Title and risk in the Product(s) pass to you on the date and time of delivery of the Product(s) to your shipping address.
If you ask for your order to be left at a delivery address, we or our Sellers are not responsible for loss, damage or theft of Product(s) once delivered to that address. You may also prefer to have your order shipped to a business address as an additional precaution.
Further, if you require your order to be redirected to an address other than your original order address, the Seller may charge you a reasonable fee for doing this.
Shipping
Shipping charges for delivery within Australia are automatically calculated during the checkout process. Shipping outside of Australia is not available.
Cancellations
Our Sellers reserve the right to cancel at any time before delivery where you are in breach of these Terms or where they suspect that you are acting fraudulently. To the extent permitted by law, our Sellers reserve the right to cancel an order if there has been a genuine error in listing the price or description of the Product(s).
Our Sellers will contact you as soon as possible if there are delays in processing your order and will let you know about the revised timeline where possible.
Details you provide us with
Please check your details carefully before submitting an order. It is your responsibility to ensure that your order and the information you provide, including your name, delivery address, contact numbers, email address are correct.
You acknowledge and agree that information you have provided us with may be shared with the Seller(s) and third-parties for the purposes of fulfilling and delivering your order.
You acknowledge and agree that we or our Seller(s) will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us.
Your use of this Website
You are provided with access to and are authorised to download material contained on this Website for your personal use only. You may not, without our written permission, on sell any information obtained from this Website, use any data mining robots, other extraction tools, metatags or mirror the Website. Further, you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software. We take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.
You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with this Website or to any material or content posted on this Website.
Electronic Direct Mail (EDM)
If you have provided us with your email, we may send you EDMs to inform you of new product launches, promotions, and other news from time-to-time. You have the option to be removed from our EDM list by unsubscribing at the bottom of the EDM sent to you at anytime.
We respect your privacy and will not sell or rent your email to other companies or organisations.
Social Media
By submitting content to our social media pages, you agree that we may use and reproduce your content including your name, for testimonial or other purposes without any compensation to you. Any content you submit must be your original work.
You must not post any material on our social media that is misleading, false or deceptive or defamatory, derogatory, racist, sexist, unlawful, obscene, infringing a third party’s intellectual property rights, breaching the confidentiality or privacy of someone else, or misrepresenting your relationship with us or our Website.
We do not endorse the opinions expressed by the users on our social media pages and we reserve the right to remove or edit content that violates these Terms.
Privacy
We take your privacy seriously and any information provide through your use of our Website are subject to our Privacy Policy.
Electronic Direct Mail (EDM) / Subscriber Lists
If you have provided us with your email, we may use that information to contact you about new product launches, promotions, and other Convent Made news. You have the option to be removed from our EDM list by unsubscribing at the bottom of the EDM sent to you at anytime.
We respect your privacy and will not sell or rent your email to other companies or organisations.
Intellectual Property Rights
All images, photographs, graphics, text, icons or logos on our Website are protected by copyright laws.
Links to third-party websites
Our Website may contain links to other websites that we do not operate. Unless stated otherwise, we do not control, endorse, sponsor or approve third party websites or their contents. We and our Seller(s) are not liable and responsible for any loss or damage that you may suffer as a result of visiting any third-party websites.
Limitation of Liability
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. You acknowledge that from time-to-time we may remove or make the Website unavailable for an indefinite period of time, without notice to you.
You acknowledge and agree that our Website and all Products, information and content appearing on it are provided on an “as is” and “as available” basis, without representation, warranty or condition of any kind, either express or implied. You acknowledge that sizes, colours and packaging may differ from what is displayed on our Website. Nothing in these Terms excludes or limits any warranties, conditions or guarantees imposed by law, including Australian Consumer Law.
To the extent permitted by law, we and/or our directors, employees, or contractors are not liable and responsible for any loss or damage (direct or indirect) and however caused (including through negligence) that you may suffer in connection with your use of our Website or linked third-party website, these Terms or with the purchase of Product(s) and we do not take responsibility for any loss arising out of your reliance on information contained on or accessed through our Website.
We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
Indemnity
You agree to indemnify, defend and hold harmless, the Seller(s) and Abbotsford Convent Foundation and including our directors, employees, and contractors, from and against:
- All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred, suffered or arising out of or in connection with your use of this Website;
- Any direct or indirect consequence of you accessing, using or purchasing from our Website;
- Any breach of these Terms.
General Provisions
If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches.
If any part of these Terms is found to be unlawful, void, or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.
Governing Law
These terms are governed by the laws of the State of Victoria, Australia.