The following terms and conditions apply to your use of the Kate Louise web site (“the web site”) and any company member of its group, (herein after referred to as Kate Louise) and its customers.
Your use of this web site indicates your acceptance of these terms and conditions.
These terms and conditions are subject to change by Kate Louise.
Kate Louise may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Kate Louise, the customer herein agrees to be bound to the terms and conditions listed on Kate Louise.
1. PLACING AND ORDER AND PRICING
Any Quotation made by Kate Louise is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Kate Louise within seven (7) days of receipt by Kate Louise of the customer’s offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. Kate Louise reserves the right not to sell below its cost. E & OE.
All orders placed are subject to confirmation and acceptance by Kate Louise, this includes pre-paid orders, eg. direct deposit etc.
Kate Louise may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Kate Louise requests payment for increased prices, you may cancel the order by giving notice to Kate Louise, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
Price may vary depending upon location due to freight costs and other logistical requirements.
Kate Louise reserves the rights to adjust freight cost at any time.
2. DELIVERY AND COLLECTION
Regular shipping within Australia means that all goods delivered must be to a physical address.
Kate Louise does not ship to PO Boxes or to third party addresses unless that address is known and can be verified by Kate Louise.
The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Kate Louise premises unless the Customer has insured the item when buying from Kate Louise.
Customers are responsible to have someone at the delivery address if signature is require to accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery can not be completed first time.
3. DELIVERY TIME
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Kate Louise in writing providing for liquidated damages for failure to deliver by the Quoted date, Kate Louise shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by Kate Louise to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery and cannot be returned or exchanged without express approval from Kate Louise in writing.
4. RETURNS, REFUNDS & CANCELLATIONS
There will be no credit given on order price difference, due to price changes. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods and by emailing customerservice@katelouisedesigns.com.au. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to Kate Louise within 24 hours of you receiving the delivery. This can only be done by E-mail to customerservice@katelouisedesigns.com.au.
If the customer receives item(s) that were not ordered, do not attempt to use the sent item. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Kate Louise owns the title of any extra goods shipped with your order that have been dispatched in error.
If requested by Kate Louise, the Customer may be required to provide information in that Kate Louise can easily assist the Customer with any monetary refund or cancellation. This information may include member’s names, address, home phone, work phone, credit card details and other relevant information required by Kate Louise. Failure to provide sufficient information may delay the refund or cancellation, Kate Louise is not to be held responsible for any delays according to clause provided by Kate Louise.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by email.
Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
5. PAYMENT
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Kate Louise without deduction or demand, within the approved term as advised by Kate Louise, or in the absence of a term approved by Kate Louise, within (7) days from the order date.
Payment for products ordered through Kate Louise can be made by Paypal.
6. PAYMENT DEFAULT
If the Customer defaults in payment to Kate Louise, then:
a) the Customer shall pay to Kate Louise, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b) all moneys owing by the company to Kate Louise shall become due and payable forthwith without demand, and
c) Kate Louise may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
7. LIABILITY
a) Kate Louise shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b) Kate Louise expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
9. RETENTION OF TITLE
9.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by Kate Louise. Until the Customer has paid to Kate Louise the full purchase price:
a) Customer shall hold the Products as bailee for Kate Louise.
b) the Products shall be stored at the Customer’s risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c) the Customer shall indemnify Kate Louise against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Kate Louise, or repossession or attempted repossession by Kate Louise.
d) any sale of the Products shall be effected as bailee for Kate Louise, and the proceeds of such sale shall be held on trust for Kate Louise. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e) the Customer shall permit Kate Louise to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f) reserve right of entry to inspect or recover goods owned by Kate Louise, wherever they are located.
9.2 In the event that:
a) the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between Kate Louise and the Customer; or
b) the Customer commits any breach of the terms and conditions of sale or any other agreement between Kate Louise and the Customer; or
c) the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d) the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
then Kate Louise may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Kate Louise reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to Kate Louise for payment for the Products, If Moneys are recovered in full.
10. DISCLAIMER
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
11. CUSTOMER OBLIGATIONS
As member of Kate Louise, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer’s account, Kate Louise will not be held responsible in any manner.
On the first purchase the Customer places with Kate Louise, the Customer might be required to provide additional identification to Kate Louise to help eliminate Internet credit card fraud and to provide additional security.
Kate Louise reserves the right to terminate a Customer’s account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to Kate Louise immediately.
Kate Louise does not store credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
12. CREDIT
The provision of credit and/or the continued provision of credit by Kate Louise to the Customer from time to time, shall be in the absolute discretion of Kate Louise.
a) Kate Louise may at its absolute discretion extend credit to the Customer; or
b) extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to Kate Louise; or
c) may at any time vary or cancel the credit facility available to the Customer Credit account must have Kate Louise Guarantee in place.
13. DIFFERENCES AND COMPLAINTS
Subject to the provisions of clause 7, Kate Louise shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Kate Louise in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
15. WAIVER
The failure or neglect by Kate Louise to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Kate Louise’s rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice Kate Louise right to take subsequent action.
16. SEVERABILITY
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. GOVERNING LAW
Kate Louise and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of Australia.
