Terms & Conditions
These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these terms and conditions, the expressions “we”, “us”, “our”, “Jasmine and Will” and “Jasmine & Will” are a reference to Jasmine and Will Pty Limited (ACN 169475334).
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
You may offer to purchase goods or services described on this website for the price specified on this website.
Your order must contain your name, email address, credit card details, PayPal details, afterpay details, direct debit details or any other ordering information specified on this website and at the sole discretion from us as amended from time to time.
Within 14 days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non‑acceptance of that offer.
If we have not responded to you within 14 days, your offer will be deemed to be rejected.
We give no undertaking as to the availability of products advertised on this website.
We give no undertaking as to the availability of products advertised on this website.
Delivery of the goods or supply of the services to you will be effected in the manner described on this website.
Risk of loss or damage to the goods passes to you upon dispatch.
Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in
Australia or overseas in connection with the supply of goods or services.
The goods and services are offered for sale only to persons who can make legally binding contracts.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your payment has been received either through credit card, PayPal, afterpay, direct debit or any other payment method offered by us. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after payment has been received in accordance with any of the above methods for the purchase, we will immediately issue a refund in accordance with the payment method used to the account used for the amount in question.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
(i) the supplying of the services again or
(ii) the payment of the cost of having the services supplied again;
and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Jasmine and Will do not make any warranties or representations regarding the use of materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise to the extent permitted by law.
Except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions. In the event we are held liable for whatever reason (which we deny), we will only be limited to our insurance cover. For the avoidance of doubt we cannot be held liable for any amounts that are in excess of our capped insurance coverage.
Returns and Exchanges
Please read our return and exchange policy carefully before you make your purchase. If you have any queries please do not hesitate to contact us at email@example.com
Title or legal or beneficial ownership of any goods purchased from us will not pass to you until payment of the goods have been received by us in full. We reserve all our rights in this clause to claim any damages, indemnity, remedies, action etc. against you. For the avoidance of doubt, you agree that we may register security in accordance with the Personal Property Securities Act 2009 (Cth) or any other collateral in order to repay any monies owed to us by you. Accordingly, we may register any agreement entered into for the sale of goods with us or a notification of it or a security interest related to or constituted by such an agreement at your expense. In the event that we deem necessary to obtain the goods from your premises for non-payment, we will be authorised by you and permitted to enter your premises and/or place of storage and re-collect and repossess our goods. Any action of ours will not result in trespass as you irrevocably agree that we will be allowed to re-collect and repossess our goods. Any costs associated with such recollection and repossession will be paid and reimbursed by you.
Personal Properties Securities Index (PPSA)
You acknowledge that under the Personal Properties Securities Act (2009) (Cth)(PPSA): that acceptance of these terms and conditions constitutes a security agreement; you grant us purchase money security interest in the goods and/or services and any proceeds; and we may register a financing statement on the Personal Properties Securities Register (PPSR). You agree to provide information and do anything that we reasonable require for us to register, maintain and enforce our security interest.
Provision of information under PPSA not requires
You waive the requirement to provide information under various provisions of the PPSA. In particular, you agree that as provided for in:
Section 157- we are not required to give you a verification statement;
Section 144- we are not required to give you notices under section 95,118,121,130,132 and 135; and
Section 275- we are not required to provide interested persons with information relating to our security interest and neither are you.
Terms defined in the PPSA
Terms defined in the PPSA (including purchase money security interest, verification statements, proceeds and various other terms) have the same meaning when used in these terms and conditions.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over this website will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website;
without our written permission.
You may, without our written permission electronically copy and print hard copy portions of this site for the sole purpose only of placing an order with Jasmine and Will or purchasing Jasmine and Will products.
You may display and, subject to any expressly stated restriction or limitation relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Jasmine and Will or to purchase Jasmine and Will products.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This website includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including, but not limited to “Jasmine and Will Pty Limited”, all service marks and trade names of “Jasmine and Will” used on this website and our company logo. For the avoidance of doubt, this includes but is not limited to any trademarked names, images, phrases, ideas, fonts, monograms, goods, services, company names, company phrases, engraving, embossing, embroidery services etc.
You must not use any of our trade marks or “Jasmine and Will” or “Jasmine and Will Pty Limited”:
- in or as the whole or part of your own trade marks or business name or company name;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
You must not authorise or assist any person to do any of the acts specified above.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on‑sell information obtained from this website.
This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
These linked sites are only for your convenience and therefore you access them at your own risk. Jasmine and Will seek to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for links contained on the site as well. This includes if a specific link does not work.
How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble‑shooting or maintenance purposes or if any form of email abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
To Return to the Website
General Use of Website
Harassment in any manner or form on the website, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Jasmine and Will or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicitor others to join or become members of any other commercial online service or other organisation.
Jasmine and Will does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Jasmine and Will is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. Jasmine and Will reserves the right to block or remove communications or materials that it determines to be:
a) abusive, defamatory or obscene;
b) fraudulent, deceptive or misleading;
c) in violation of copyright, trademark or other intellectual property rights of another; or
d) offensive or otherwise unacceptable to Jasmine and Will in its sole discretion.
You agree to indemnify, defend and hold harmless Jasmine and Will, its officers, directors, employees, agents, licensors and suppliers (collectively, the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Jasmine and Will account.