Terms & Conditions
- 1. General
- 2. Compliance
- 3. Placing an order for products
- 4. Acceptance or rejection of an order
- 5. Back orders
- 6. Delivery of products
- 7. Risk and title
- 8. Cancelling an order
- 9. Fees and charges
- 10. Restricted products
- 11. Damaged products and returns
- 12. Liability
- 13. Termination
- 14. Changes to these terms and conditions
- 16. General
- 17. Definitions
1.1. The LifeStyle Store Shopping site at lifestylestore.com.au (the “Site”) is a shopping website where you can browse, select and order products from Life Style Store Pty Limited (“LifeStyle”, “us” or “we”).
1.2. Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
2.2. You agree to comply with all laws relating to your use of the Site and your placement of any order through the Site.
3. Placing an order for products
3.1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
3.2. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
3.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
3.5. All transactions through the Site are conducted in Australian dollars (AUD$) only.
4. Acceptance or rejection of an order
4.1. In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description on the Site.
4.2. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us we will:
- Supply the Products in that order to you in accordance with these terms and conditions; and
- Provide you with an email confirmation of that order
4.3. If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5. Back orders
5.1. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.
5.2. If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavoursto notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
5.3. In this instance, we will notify you of the Back Ordered Products and the anticipated delivery date.
6. Delivery of products
6.1. We will only deliver Products ordered through the Site to a location where we provide delivery services. Delivery of Products through the Site is restricted to Australian locations only. Contact us on (02) 9683-7222 to enquire about a special order.
6.2. We will deliver Products using Couriers Please and/or Australia Post.
6.3. We will charge you a flat rate for delivery per item as outlined at your time of purchase. Additional fees may apply for re-delivery where the recipient is not available or for delivery to regional areas.
6.4. You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
6.5. We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
6.6. We may require the person accepting the delivery of your order to:
- Provide us with proof of that person’s identity (including photographic identification) and, where necessary, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
- Where necessary, provide us with proof that the contents referred to under the “Restricted Products” section of these terms and conditions have been obtained.
6.7. If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
6.8. You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.
6.9. We will dispatch orders within 3 business days from the date of order and shipping times are estimated at between 3-7 business days depending on your location within Australia.
7. Risk and title
7.1. Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
8. Cancelling an order
8.1. We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- The Products in that order are not available; or
- There is an error in the price or the product description posted on the Site for the Product in that order; or
- That we reasonably believe your order has been placed in breach of these terms and conditions
8.2. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
8.3. You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may only return the Products in accordance with these terms and conditions.
9. Fees and charges
9.1. We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
9.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
9.3. If you cancel an order:
- Subject to below, we will refund you any amounts paid by you for that cancelled order;
- We will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
10. Payment methods
10.1. You may pay the fees and charges for an accepted order using the following payment methods:
- The following credit cards:
- American Express
- The following alternate payment methods:
- Bank Funds Transfer
10.2. If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, we may cancel your order.
10.3. If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
10.4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
10.5. We will provide you with a receipt at time of delivery that specifies total fees and charges for the Products in the order.
11. Damaged Products and Returns
11.1. You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service on (02) 9683 7222.
11.2. If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Returns Policy.
11.3. Our Returns Policy is incorporated into these terms and conditions. You can view our Returns Policy here. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
11.4. We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
12.1. Subject to clause 13.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
12.2. Subject to clause 13.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
12.3. Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such a term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
- In the case of services: the resupply of the services; or the payment of the cost of resupply; and
- In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
12.4. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12.5. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
13.1. We may immediately suspend, terminate or limit your access to and use of the Site and your account if you breach these terms and conditions and:
13.2. We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
14. Changes to these terms and conditions
14.1. For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
14.2. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
15.2. We do not pass on, sell or swap any of your personal details with any other person. We use this information to identify your orders, provide you with our newsletters and to personalise your shopping experience with us.
15.4. We do not keep a record of the IP addresses of users whom visit our website. This will only be done in the event that personal information has been provided, in which case a record of your IP address is kept for security purposes. After a checkout has been completed, your IP address will be stored along with a transaction number that allows us to track your order.
16.1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
16.2. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
17.1. Capitalised terms used are defined in these terms and conditions. In these terms:
- Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions
- GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
· Product means each good or service that is advertised on the Site.