- These terms and conditions of purchase govern your use of sageandcooper.au and the purchase of any products from Sage &(and) Cooper (ACN 121 254 724). You acknowledge that you must comply with our policies stated on the website, which will form part of these Terms and Conditions, expect where the are inconsistencies between the Terms and Policies, in which case these terms will prevail.
- By using the website and/or purchasing any product sold by Sage & Cooper you agree to be pound by the terms and polies (collectively the agreement) and acknowledge that any ignorance by you in relation to the agreement does not impact its enforceability. The agreement constitutes the entirety of the terms and conditions applicable to your use of the website and/or purchase of the product, unless otherwise expressly agreed by us in writing. If you do not agree to the agreement, you must not purchase the products.
- We reserve the right to vary the products, the terms and or the policies, or any component contained therein, at any time in our absolute discretion and without notice to you. You agree that your use of the website and/or purchase of the products constitutes an agreement by to be bound by the agreement, as varied by us from time to time.
You agree and acknowledge that your placement of an order for any products (order) constitutes an offer to purchase such products and your offer is not accepted by us until we:
- Receive the full purchase price for all products in your order;
- Confirm the availability of the products in your order; and
- Send you a receipt for the order (this may take up to five (5) business days during peak periods.
3. Pricing and Payment
- To purchase any products, you agree to pay us the prices that we have allocated for those products, as well as any postage prices that are displayed on our website, by using the checkout process of the website. You are also liable to pay any duties or other taxes, or fees added to your order by any destination country.
- All prices on the website are in Australian Dollars (AUD) and, unless otherwise stated, include GST.
- We reserve the right to vary the prices of the products on the website at any time, in our absolute discretion, without notice to you.
- We accept payments via debit card, PayPal and the credit cards indicated on our website. We use Shopify, who ensure that your information is kept safe and secure. Third party processing fees may be payable in this regard.
4. Shipping and Delivery
- We post your orders using Australia Post and/or DHL to the address that you provide to us, all deliveries will require a signature, unless you request otherwise. Upon the delivery of your order to your nominated address, ownership of any products in the order pass to you.
- Dispatch and delivery times may vary depending on availability or factors outside of our control, and you release us from any liability relating to the postage or timing of your order.
- If you do not receive your order, please notify us immediately via email.
- If we determine that an order was lost because of our delivery company, we will replace your order. However, if you did not receive your order because of your breach, act, or omission, then we have no obligation to replace your order.
- If there are multiple products in an order, you acknowledge that they might be sent separately, depending on availability.
5. Exchanges and Refunds
- Please see our policy regarding returns and exchanges.
- Not withstanding anything in the agreement, we accept returns and/or provide returns for products in compliance with any applicable legislation.
- You acknowledge that any postage costs you pay to us for the order are non-refundable. We will not be liable for any costs that you incur, including but not limited to postage costs, to return any product/s to us.
- We must receive any returned products in their original condition, inclusive of all packaging for the product, and they must be unused and unchanged in any way.
- Please be aware that we monitor any potential misuse of our returns policy. If we determine that you are abusing or misusing our returns policy, we reserve the right to refuse your request and/or restrict or cancel your access to the website or products.
- We will process any returns or refunds once we have verified, in our discretion that have complied with the agreement.
- We reserve the right to cancel at any time prior to the ownership of the products passing to your, in which event we will refund you any money that you have paid for those products within fourteen (14) days.
- If you wish to cancel an order, you may email us requesting our consent to do so. Please note that if we have already posted your order, you are not entitled to cancel it. However, if we have not posted your order, we may agree to cancel it, in which case we will refund you the price of the cancelled product.
- If a product has been over promised and we are unable to fulfill your order, contact you to let you know your options on a solution to this. These options include letting you know the pre-order wait time or a full refund of the price paid for that particular product of which we don’t have enough stock in our warehouse to fulfil your order.
7. Promo Codes
- We may offer promotional codes from time to time, subject to any conditions or products that we determine, in our absolute discretion (promo code).
- Our first-time discount code is unable to be used on sale items or in conjunction with any other or offer.
- Only one Promo Code can be used per order.
- If we determine that a Promo Code has been copied wrong, distributed, or otherwise misused, we reserve the right to cancel, modify or suspend the Promo Code in our discretion.
- We make no guarantees or representations regarding Promo Codes that are released from any liability arising in relation to them or their failure.
8. Gift Vouchers
- We may offer gift vouchers for sale, at specified prices, to be used to purchase products (gift voucher).
- Please note that all gift vouchers expire three (3) years after they are purchased as per Australian Consumer Law. We reserve the right to impose any restrictions or conditions on the gift vouchers in line with regulations set out by the Australian Consumer Law.
- The Gift Voucher may only be used to purchase products; you will be liable for any postage charges.
- If the product/s you purchase:
- Exceed the value of the Gift Voucher, you will be liable to pay any amount outstanding in addition to postage charges; or
- Are lower than the value of the Gift Voucher, then the Gift Voucher will retain the remaining amount
By using the website and/or purchasing the products, always:
- Confirm that you have elected to use the website and/or purchase the products of your own free will;
- Acknowledge that your use of the website and/or purchase of the products nay result in data usage charges from your mobile or internet provider;
- Agree to provide accurate, current, and complete information about yourself on the website and to such information always updated;
- Agree to maintain the security of any of your own passwords;
- Use the website and/or purchase the products at your own risk and only for the intended purpose;
- Warrant that you are not allergic to, or otherwise unable to purchase and/or use, any products that you purchase;
- Agree that, if an account is created under the name if a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters these terms as personal guarantor and, as such, is personally liable with respect to the terms.
When accessing or using the website, you must not, at any time:
- Use the website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these terms;
- Use or attempt to use another user’s account without authorisation;
- Harass, abuse, intimidate, bully or otherwise offend any other user of the website, or use the website in a defamatory or offensive way;
- Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful;
- Hack into any aspect of the website or our business and/or corrupt data; and/or
- Send unsolicited advertising, promotional activity or other content to us or our customers.
You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
- Modify, suspend, or terminate your access to the website, in whole or in part,
- Assign out interests outlined in these terms; and/or
- Run advertisements and promotions on the website, and in this regard, we will not be a party to any dealings that you have with other entities because of these advertisements and promotions.
You agree and acknowledge:
- The colours, sizes and other aspects of the products shown on the website may vary slightly from the actual product/s you buy;
- You must follow the care instruction on each garment, including burning instructions on candles
- The products have not been sold to you by the way of sample;
- No representations have been made as to the fitness or suitability of the product for any purpose; and
- You have not made any representations to us regarding the purpose for which you intend to use the product.
13. Intellectual Property
- The products, the website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sound and other material and content contained in the website, including, without limitation, the logo and all designs, text, graphics, pictures, data, software, sound files, other files and the selection and arrangement thereof (collectively, our content) are the property of Sage &(and) Cooper and our related entities and are protected by Australian and International Copyright Laws. The website and all our content is copyrighted – © 2022 Sage & (and) Cooper, All Rights Reserved.
- We own all intellectual property rights in relation to the products, website and our content which arise by operation of legislation, common law, or equity, including, but not limited to any trademarks, copyrights, patents, patents pending, know how, trade secrets, names of domains, products, brand and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered or capable of registration.
14. Limited Licence
We hereby grant you a non-exclusive, revocable, limited, non-sublicensable licence to use the products and use the website to purchase products. In using this licence, you must not:
- Use our content for anything other than its intended purpose;
- Distribute, broadcast or display our content without prior written consent;
- Modify, store, reproduce or otherwise make derivative uses or works from our content or any portion thereof;
- Use any data mining, robots or similar data gathering or extraction methods with respect to our content;
- Use the website, our content or the products in any way that could damage us, our reputation or the goodwill or rights associated with our content;
- Use our content for any commercial use; or
- Copy, imitate or use the same or deceptively similar way as any of our content, in whole or in part, including the look and feel of the products and/or the website, including all images, page headers, custom graphics, button icons and scripts.
- Notwithstanding the above, you are not permitted to use any of our business names or trademark/s, registered or unregistered, at any time without our prior written consent.
- To request permission for uses of our content not included in the foregoing licence, you may contact us by email to: firstname.lastname@example.org
- We hereby grant you a non-exclusive, revocable, limited, non-sublicensable licence to use the products and use the website to purchase products. In using this licence, you must not:
15. Your Content
If you are deemed the owner or author of any intellectual property that is derived from, or otherwise related to, our content, then you hereby grant us an irrevocable, perpetual, royalty-free, worldwide, transferrable, and sub-licensable to use such intellectual property, in our discretion, and you agree to assign us the ownership in any such intellectual property at our discretion.
We are entitled to terminate the licence that these terms and conditions outline and/or your access to the website and/or products, without notice to you, int the event that you breach this agreement.
17. Liability and Indemnity
- Except as expressly stated by us, the products and the materials contained therein are provided on an ‘as is’ basis without warranties of any kind, either express or implied. To the extent permitted by law, we expressly disclaim all other warranties, express or implied, relating to the products and/or website.
- You waive and covenant not to assert against us or our related entities any claims or allegations of any nature whatsoever in relation to the products and/or our content, or any component contained therein, including but not limited to error/s, omission/s, delays, interruptions, or other matters relating to the website and/or the products.
- Without limiting the remainder of this clause 18, neither us nor our related entities shall be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind.
- In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the website and/or the product/s exceed any amount that you pay to us, if any, for the purchase of the applicable product/s.
- You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, chargers, expenses and liabilities, including but not limited to legal costs, loss of revenue and consequential losses, arising from your failure to comply with the agreement or any applicable legislation.
18. Third Party Links
The website may include links to websites, platforms and/or software operated by third parties. We have no responsibility or liability for the content and activities of such websites, platforms and/or software.
20. Applicable Law and Venue
You agree that all disputes, claims, or other matters arising from or relating to your use of the website and/or products will be governed by the laws of Victoria, Australia. You agree that all claims you may have against us arising from or relation to the website and/or the products will be heard and resolved in a court of competent jurisdiction located in Victoria, Australia. All references to time in the agreement is that time in Melbourne, Australia.
If any provision of the agreement shall be deemed unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of the remaining provisions.
You agree that we have the right to send you important information in connection with the website and/or thew products. We may send you this and any other information in electronic form to the email address you specified through the website. Notices provided to you via email will be deemed given and received on the transmission date of the email.
You agree that a failure or delay by us in enforcing any provisions of the agreement shall not operate as a waiver of our right in relation to enforcement of those provisions.
24. Questions & Feedback
If you have any questions regarding the agreement, the products, the website and/or our content, please email us at email@example.com