This is the Terms and Conditions of Larktale Pty Ltd, A.C.N 162 582 738. For the purpose of this policy document, we are referred to as “Larktale” or “We” or “Us” or “Our”.
These Terms and Conditions govern the supply by us of any Product ordered by you on the Website. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
- “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with the details below;
- “Customer” means individual who places an Order on the Website;
- “Order” means the order submitted by you to the Website to purchase a Product from us;
- “Order Confirmation” means our email to you, in which we accept your Order;
- “Product” the physical hardgoods not including delivery/shipping costs;
- “you” means the Customer who places an Order;
To place an order with Larktale you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or have a valid Paypal account.
These Terms and Conditions shall apply to all Orders made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing.
When making an Order, you must follow the instructions on the Website as to how to make your Order before you submit it to the Website.
Once you select a Product that you wish to Order, you will then be shown the charges you must pay including GST and any applicable delivery charges. Unless otherwise stipulated, all charges are in Australia Dollars. Subject to below, this is the total that you will pay for receipt of the ordered Product and delivery.
You shall pay for the Product and delivery in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. We shall not be bound to supply before we have received cleared funds in full.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order.
Your Order remains valid as an offer until we issue our Order Confirmation or, if earlier, when we receive your notice cancelling your Order.
We shall not be obliged to supply the Product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you a substitute Product (in which case we may require you to re-submit your Order first).
A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called an “Order Confirmation” stating that we are accepting your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order.
If you have made a mistake with your Order after you have submitted it, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price. A Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until we have sent an Order Confirmation in relation to those Products.
We aim to deliver the Product to you at the place of delivery requested by you in your Order.
We aim to deliver within the time indicated on our Order Confirmation. We aim to deliver within 5 Working Days from Order Confirmation but we cannot guarantee any firm delivery dates.
We will try to let you know if we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery, unless you grant us ‘authority to leave’. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product.
You may grant us an ‘authority to leave’ when placing your Order. If you do, you agree that this ‘authority to leave’ gives us and/or our selected cariers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you agree that by granting us ‘authority to leave’, we and our carriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us. Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
You must take great care not to damage the Product when opening it. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within 14 days of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or (b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees)
We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
We will usually refund any money received from you using the same method originally used by you to pay for the Product.
If you wish to cancel your order please contact our Customer Service Team on 1 800 019 009. Once an order has been dispatched a Product must be returned according to “Change of Mind” Guarantee guidelines provided by the Customer Service on 1 800 019 009.
We warrant that the Product will be delivered undamaged in the quantities ordered; and the Product will meet the Product details as set out on the Website at the time of your Order.
Before delivery, we may make minor adjustments design and other features to the extent that they are reasonable.
All of our Products are warranted against defects resulting from faulty manufacture, parts or workmanship.
If you are unhappy with the quality of a Product please refer to the Product Warranty terms and conditions and please contact our Customer Service Team on 1 800 019 009.
Limitation of Liability
Our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum greater than 110% of the value of the relevant Contract under which the cause of action arises.
In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
Nothing in these Terms and Conditions shall exclude or limit a Liability which cannot be excluded or limited by applicable law; or your statutory rights as a consumer.
Please refer to our separate: