Terms

Terms

 

Living Ocean Incorporated ABN 82 022 133 858 is an Australian registered charity and our postal address is: 12/10 Spring St, Sydney NSW 2000. Telephone: 02 8908 3444

Scope of these Terms and Conditions

These Terms and Conditions are the basis of our service commitment. They set out the terms of the contract between you and Living Ocean.

By agreeing to these terms and conditions, you acknowledge that you are aware of the following terms and conditions and that all transactions conducted with us will be subject to these Terms and Conditions only.

These Terms and Conditions cannot be amended or varied without the written consent of Living Ocean. The Terms and Conditions, and all policies referred to in, or orders made pursuant to these Terms and Conditions contain the entire understanding between you and Living Ocean.

We may make changes to these Terms and Conditions at any time without notice to you. The current terms are as set out in the “Terms and Conditions” section of our website livingocean.com.au. The relevant applicable Terms and Conditions are those that are in force at the time of delivery of your order. Changes to the Terms and Conditions will be announced from time to time in the “support” section of our website livingocean.com.au.

Customer Eligibility

You must be eighteen years of age and you must be able to form legally binding contracts under applicable law to place orders with Living Ocean. By accepting these Terms and Conditions and becoming a customer of Living Ocean you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.

A customer is considered to have the authority of the person who owns or controls access to the email address provided by such member.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of NSW, Australia and shall be subject to the non-exclusive jurisdiction of the courts of NSW, Australia.

Force Majeure

Living Ocean is not liable for delays in performing any obligations under these terms and conditions caused by circumstances beyond our reasonable control including, but not limited to, catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any event not allowing orders to be processed properly. Living Ocean will work hard to perform its obligations within a reasonable extension of time.

Reservations

A customer must not commercially resell any product acquired from us. It is generally a specific term of our arrangements with suppliers that product sold by us will only be sold to customers for their personal use and will not be commercially resold. The customer must indemnify us for all or any loss or liability arising from any breach of this provision.

Living Ocean works hard to present the products on our website as accurately as possible. As much as we try to avoid it, on some occasions the information on our website may contain inaccuracies or may not be complete. We reserve the right to correct any errors and to change or update information at any time without prior notice.

Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours and fabrics shown on our website may slightly differ from the actual item. If the product does not meet your expectations you may return it to us in accordance with our return policy.

Electronic Communication

When you use our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing and have been received by you.

Your order

Once you have placed and confirmed your order, we will confirm the receipt of your order and provide you with an order number via email. However, such email does not guarantee that the product is available. In case of stock shortage, we will contact you within 2 days following our confirmation email and either offer another similar product or cancel the order and reimburse to you the full purchase price.

While we work hard to fulfill all your orders, accepting your order is not a legally binding obligation to fulfill the order. The order will be fulfilled by delivery of the product ordered (or any agreed substitute product).

We may restrict sales quantities to each member to normal household quantities in order to enable all of our customers to have a chance of purchasing the products they desire.

In an effort to prevent fraudulent use of credit cards and other payment options we will use reasonable efforts to validate the bona fides of each order, however we do not warrant that we can prevent the fraudulent use of such information by unauthorised third parties.

The final invoice will be placed in your orders when they are shipped out.

Prices

The prices for all products shown on our website are inclusive of GST. Any change in the GST rate shall be automatically applied to the prices of the products.

However, prices do not include shipping and handling costs. These costs will be shown at the end of the shopping process and depend on delivery address, delivery method, as well as weight and size of the product.

 Payment

Living Ocean can only accept payments by credit card. The accepted credit cards are Visa and MasterCard. Payment must be made with the order, if the order does not proceed, payment will be refunded (not including shipping and delivery costs incurred at the time of cancellation).

Living Ocean is using Westpac as a third party payment gateway provider. Living Ocean will incur any transaction cost associated with the payment.

The invoice will be sent with your order.

Payment Security

Personal information (address, credit card number, account number, etc.) is encrypted by a 256bit SSL connection in an attempt to stop your information being intercepted or read by unauthorized persons. However we do not warrant that our efforts will be successful. Living Ocean has no access to your bank data, and we do not store your bank or credit card information. You are therefore required to enter your payment details with every order you place with us.

Living Ocean will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Living Ocean is not liable for any damage caused on your computer equipment arising from computer viruses, worms, spyware programs, or likewise because of connecting to our website. Please ensure your anti-virus software, firewalls and other protection programs are kept up-to-date.

Supply and Delivery of your purchases

At this point in time, we deliver Australia wide only.

Please ensure that the shipping address you enter is correct.

It is a good idea to enter a delivery address at which someone will be present to accept the goods within normal business hours; for example your workplace. If there is no one present at the delivery location who is entitled to accept and sign for the delivery, a card will be left in your letterbox informing you about the incomplete delivery and where to pick your parcels up. The parcels will be available for pick up at your nearest Post Office for 7 days. In cases where the parcel is returned to Living Ocean due to either not being picked up or an incorrect delivery address, we will refund the purchase price but not the delivery charges.

If the product has been damaged in transfer, please inform Living Ocean immediately and provide pictures if possible.

Returns and Refund Policy

As a customer of Living Ocean you have the opportunity to return your chosen products if the product is faulty, unless specified otherwise.

Please see our standard Return Policy for details.

 Guarantee and after-sales service

All products sold by Living Ocean are covered by a standard guarantee against hidden defects, provided by Living Ocean’s suppliers.

To benefit from this guarantee, please return the product to Living Ocean and make sure to include the invoice. Living Ocean will attempt to exchange and return the product to you. Given the short-term campaigns we conduct and the fact that we don’t stock products ourselves, this may not be possible. In this case we will either offer you a similar product or the reimbursement of the purchase price of the initial product.

 Warranty

Certain products supplied through Living Ocean may only be serviced and supported by the manufacturer. This will be advertised and the product will be sold with manufacturer’s warranty. We kindly ask you to contact the manufacturer or its local distributor first regarding any issues with the product. If the manufacturer is unable to comply, Living Ocean will refund to you the purchase price of that product, but to the extent permitted by law, will not otherwise be liable.

 Copyright and Trademark Information

The entire content of our website, including, but not limited to, text, design, graphics, interfaces or code and the selection and arrangements thereof is copyright 2013 of Living Ocean and may not be copied, used, published or disseminated in any way by any person, without the prior written permission of Living Ocean.

All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Living Ocean or other respective owners that have granted Living Ocean the right and license to use such Marks.

The name of Living Ocean, www.livingocean.org.au or any of the above trademarks or logos may not be used by others in any way without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Liability

To the extent permitted by law, Living Ocean will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whether caused by wrongful acts (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any product supplied to you shall in no circumstances exceed the stated value of the product at the time of purchase, and we reserve the right to pay such amount to you in total satisfaction of any claim you may have against us.

Exclusion of liability for third party links

Living Ocean may refer on its website www.livingocean.com.au to third party websites on the Internet.

Living Ocean expressly declares that it has no influence on the design and content of the linked pages. We dissociate ourselves from, and will not be liable for the contents of any linked pages of third parties to www.livingocean.com.au

 Severability

If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other parts of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.