Terms and Conditions

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These Terms of Use govern your use of this website www.donna-lou.com.au which is managed by Cheryl Parry trading as Donna-Lou and henceforth is referred to as Donna-Lou. Please read these Terms carefully. By accessing this site you are agreeing to be bound by these Terms of Use. 

Donna-Lou reserves the right to change these Terms at any time, please check at regular intervals for any changes. Continued use of the Website following any change to these Terms constitues acceptance of those changes.

1. Intellectual Property

Unless otherwise indicated, Donna-Lou owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Donna-Lou. Except for viewing the content for your own personal non-commercial use, Donna-Lou does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

2. Pricing

All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars.

Pricing is subject to change without prior notice.

3. Orders and payments

All orders submitted through the Website are subject to acceptance by Donna-Lou.

Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Donna-Lou reserves the right to refuse an order for any reason. Donna-Lou reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions. Acceptance of all orders is subject to Donna-Lou confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.

Donna-Lou only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send an email confirming that the product(s) have been despatched to you. 

Donna-Lou may cancel your order (included orders accepted by Donna-Lou) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order. If you are returning a faulty, damaged or incorrect item to our online store we will pay for the postage costs. However, we are unable to offer free delivery for 'change of mind' returns.

Purchases made from overseas may carry an international service charge for cross border transactions depending on the card issuer and type of credit card. This is because we accept only Australian Dollars and your card may be subject to international exchange fees. It is your responsibility to be aware of the international service charges that your credit card issuer may charge.  We do not take receipt of these fees so we are unable to refund them in any way.

Depending on where you are in the world, your order may be subject to a sales tax that is calculated up-front as part of your purchase. Delivery of products to some regions may incur a customs/sales tax that is payable on delivery of the physical items that you have ordered. Check your local tax laws before placing your order for any guide to check whether you might have to pay such a tax. Being aware of your local tax laws is your responsibility, and we are unable to refund any amount charged at the point of delivery.

Donna-Lou may require you to provide your Credit Card Verification Code (or CVC) in order to process your payment. The CVC is a number that appears on your credit card that allows us to verify that the person placing the order has direct access to the credit card being used. To find the CVC code for Visa and Mastercard: The three digit number that appears on the signature panel on the back of the card.

4. Use of Website

When you access the Website, you agree that you do so on the following conditions: You may only use the Website and the Content on the Website for personal purposes unless Donna-Lou provides express written consent.

You must not:

• By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
• Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Donna-Lou or any third party;
• Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
• Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
• Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
• Interfere with any other persons use or enjoyment of the Website;
• Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
• Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
• Post or transmit any materials to the Website which is incorrect or misleading;
• Use the Website in any way that otherwise breaches these terms.

Donna-Lou may refuse access or edit or delete material posted by you in contravention of these conditions.

5 Cookies

Cookies may be used on some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. 

 6. Indemnity

Donna-Lou is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Donna-Lou does not warrant that the Website will be uninterrupted or error free.

You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.

Donna-Lou is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Donna-Lou reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

7. Limitation of Liability

Donna-Lou does not warrant or guarantee:

• the accuracy or completeness of any information available on the Website; 
• We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. 
• that access to the Website will be uninterrupted or error free;
• that any defects will be corrected immediately; or
• that the Website will be free from viruses or other contamination.

Except where prohibited by law, Donna-Lou will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.

8. Termination of Use

You may stop using the Website at any time for any reason.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to access this website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

9. Variation to Terms

donnla-lou may vary these terms at any time, and by continuing to use the Website you consent to any variations. Donna-Lou will not notify of these variations and it is your responsibility to regularly check these terms for any variations.

10. Third Party Links 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with Donna-Lou. Donna-Lou is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions, with or without a request from Donna-Lou eg. creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence or to pay compensation for any comments; or to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. Security and privacy

When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Donna-Lou. You assume all risk and liability of your use of the Website, the internet, or any such third party networks, including access to the Website via such media. Donna-Lou recommends users review each website’s privacy statement before disclosing any personally identifiable information.

When you complete a transaction, Donna-Lou may ask if you’d like the Online Shop to remember your details by creating an account (Shop Account) . If you create a Shop Account, your transaction details (name and address) will be securely saved by our Online Shop platform provider so that future purchases are easier and quicker for you. 

If you create a Shop Account, your transaction details will be securely saved by our Online Shop platform provider so that future purchases are easier and quicker for you. Your payment card details will also be encrypted into a secure token. No one has access to your card details within the secure token (the Token). Our Online Shop provider stores the Token. The last four digits of your card number and its expiry date will be visible to you (from the Token) when you log into your Shop Account using your username and password. If you would like to close your Shop Account, please email chez.business@live.com.au.

13. Gift Card Terms & Conditions

All Donna-Lou gift cards purchased have a 1 year expiry date from the date of issue and can be used for Donna-Lou purchases. 

Donna-Lou gift cards are non-refundable, non-transferable and cannot be redeemed for cash. Gift Cards are treated as cash and cannot be replaced if lost or stolen.

14.  Governing Lawn

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Australian Federal, State and Territory Government laws and appropriate governing bodies.

15. Contact Information

Questions about the Terms of Service should be sent to chez.business@live.com.au

Last updated August 2020