Terms and Conditions

TERMS AND CONDITIONS

1. Introduction

Welcome to Lost & Living Pty Ltd (ABN 46 674 035 824). These Terms and Conditions govern your use of our website, https://lostandliving.au, and the purchase of products from our online store.

By using our website and/or purchasing products from us, you agree to these Terms. If you do not agree, you must not use our website or purchase products from us.

2. Definitions

  • “ACL” means the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • “Agreement” means1 the agreement between you and us for the sale of goods, constituted by these Terms, your order, and our order confirmation.
  • “Goods” means the clothing and other products offered for sale on our website.
  • “GST” means Goods and Services Tax.
  • “Personal Information” has the meaning given in the Privacy Act 1988 (Cth).
  • “we,” “us,” “our,” and “Lost & Living” refer to Lost & Living Pty Ltd (ABN 46 674 035 824).
  • “Website” means https://lostandliving.au.
  • “you” and “your” refer to you, the customer.

3. Orders and Agreement

3.1. Placing Orders: When you place an order, you are making an offer to purchase Goods in accordance with these Terms.

3.2. Order Confirmation: We will send you an order confirmation email after you place an order. This confirms receipt of your order but does not constitute acceptance.

3.3. Acceptance of Order: We accept your offer, and the Agreement is formed when we dispatch the Goods and send you a shipping confirmation email.

3.4. Order Cancellation: We may refuse or cancel any order for any reason, including product unavailability, errors in product or pricing information, or if we identify fraud or a breach of these Terms. If we cancel your order, we will notify you and provide a refund.

4. Price and Payment

4.1. Prices: All prices on our Website are in Australian dollars (AUD) and include GST.

4.2. Price Changes: Prices are subject to change without notice. The price you pay is the price displayed when you place your order.

4.3. Payment: Payment must be made in full at the time of placing your order.

4.4 Promotions: Lost & Living Pty Ltd conducts promotions in good faith. If an error occurs while a discount is applied which is greater than the advertised offer, or combines with multiple offers to deliver a discount greater than advertised offer, the order is deemed invalid and will be refunded. Coupon Codes and Automatically Applied discounts are single use only and do not compound unless otherwise advertised. Errors in shopping cart calculation void all purchases using discounts. Any discount which results in a $0.00 order is deemed invalid. Discount coupons, promotions, and special offers do not apply to the purchase of Gift Cards, or event tickets. All sales and promotions are subject to availability of stock, and are only valid whilst stock lasts.

5. Shipping and Delivery

5.1. Shipping: Shipping costs and delivery times vary depending on the destination and shipping method selected.

5.2. Delivery Times: We will try to deliver within estimated times but are not liable for late delivery.

5.3. Risk: Risk of loss or damage to the Goods passes to you upon delivery.

6. Returns and Refunds

6.1. Change of Mind: We offer refunds or exchanges for change of mind returns subject to these conditions:

  • Return within 14 days of purchase.
  • Item must be unworn, unwashed, and in original condition with tags.
  • Proof of purchase required.
  • Original shipping costs are non-refundable.
  • Customers are responsible for the return shipping costs.
  • The item is not a sale item, unless it is faulty.

6.2. Consumer Guarantees: Our Goods come with guarantees that cannot be excluded under the ACL. You have rights under the ACL for major and minor failures.

6.3 Faulty Goods: If you receive a faulty item, contact us immediately at sales@lostandliving.au with details and photo evidence. We will assess the fault and offer a repair, replacement, or refund, in accordance with the ACL.

7. Intellectual Property

All intellectual property on the Website is owned by or licensed to Lost & Living. You must not reproduce or exploit any portion of the Website without our written consent.

8. User-Generated Content

You are responsible for any content you post on our Website. You must not post unlawful, harmful, or offensive content, or content that infringes on the rights of others. By posting, you grant us a license to use that content.

9. Privacy

Your privacy is important. See our Privacy Policy https://lostandliving.au/privacy-policy/ for how we handle your Personal Information.

10. Limitation of Liability

10.1. ACL: Nothing in these Terms excludes your rights under the ACL.

10.2. Exclusion: We exclude liability for Loss in connection with your use of the Website or Goods, except where caused by our negligence or willful misconduct.

10.3. Indirect Loss: We are not liable for indirect or consequential damages.

10.4. Maximum Liability: Our maximum liability will not exceed the amount you paid for the Goods.

11. Indemnity

You agree to indemnify us against any Loss arising from your use of the Website, breach of these Terms, content you post, or your violation of any law or third-party rights.

12. Termination

We may terminate your access to the Website or ability to purchase Goods at any time without notice.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. You submit to the jurisdiction of the courts of Victoria.

14. Changes to Terms and Conditions

We may update these Terms at any time. Changes are effective immediately upon posting.

15. Contact Us

Questions? Contact us at:

Lost & Living Pty Ltd Email: sales@lostandliving.au ABN: 46 674 035 824

16. Cookies

We use cookies as outlined in our Privacy Policy.

17. Hyperlinking to our Content

The following may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors;2
  • Systemwide Accredited Businesses3 (excluding certain non-profits).

Linking must not be deceptive or falsely imply sponsorship. We may approve other link requests. Contact us at sales@lostandliving.au to inquire about linking.

18. iFrames

You may not create frames around our Webpages without prior written permission.

19. Content Liability

We are not responsible for content on external websites that link to ours. You will defend us against claims arising from links on your website.

20. Reservation of Rights

We may request removal of links to our Website and amend these terms at any time.

21. Removal of links from our website

Contact us if you find offensive links on our Website. We are not obligated to remove them or respond directly.

22. Disclaimer

We exclude representations, warranties and conditions relating to our website to the maximum extent permitted by applicable law.

These Terms and Conditions are effective as of 1st November 2023.

Key improvements in this streamlined version:

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