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In these Terms & Conditions:
“We”, and “Us” and Lizandez mean lizandez.com.au and “You” means you the customer.
Products mean goods sold by Lizandez Pty Ltd on this web site.
Price means the price at which the products are sold on this web site.
Order means an order for products on this web site.
These Terms and Conditions together with your order constitute the entire contract between lizandez.com.au and you for the supply of products. No other terms and conditions will apply. The contract cannot be varied unless we agree to vary it in writing or by email.
Lizandez Pty Ltd
Lizandez.com.au is part of Lizandez Pty Ltd by signing up as a member to Lizandez the member acknowledges that they will become a member of the Lizandez Pty Ltd and agrees that they may be contacted by any of its subsidiaries. This does not affect a member’s ability to unsubscribe from communications from these companies on an individual basis.
Local and International countries we ship to
At this stage, Australia being the origin country, we sell to the majority of the world, if you want to see if your country is listed, please check the drop down box at the first stage of the checkout process.
We have done our best to display as accurately as possible the colours of the products shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Lizandez makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, images, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy.
You must indemnify and hold Lizandez and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Lizandez under this Section, Lizandez will have the right to control the defence, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without express written permission from Lizandez.
Limitation of Liability
In no event shall Lizandez or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Legal Capacity To Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with lizandez.com.au. Should lizandez.com.au suffer any damage or other losses as a result of a transaction entered into by a minor, Lizandez reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with lizandez.com.au.
Placing Your Order
You may place an order by adding items to ‘Shopping Bag’ on lizandez.com.au website and clicking the “Check Out” button. When you place your order, we will issue you with an order number. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. Information contained on the lizandez.com.au website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however lizandez.com.au will make every effort to supply products to you. We will notify you that your order is being processed by sending you an order confirmation via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Lizandez.com.au and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.
Payment can only be accepted by Credit Card, PayPal or Afterpay (Australia Only) using our secure checkout.
In this clause:
GST means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)
Subject to this clause, if GST is payable in respect of any supply made to you by Lizandez, you will be liable to pay an amount equal to the GST payable (at the current prevailing rate) on the supply at the same time and in the same manner as the consideration for the supply is to be provided under these Terms and Conditions.
Lizandez will use its best endeavours to list Products with the most competitive prices. Lizandez reserves the right to change prices for Products displayed at the lizandez.com.au web site at any time.
Reference to Recommended Retail Prices on our website
Our Products are sourced from within Australia and international markets and as such some may not be available for sale in Australia. This means that there may be no Australia Recommended Retail Price for some Products. Where we have been able to establish that a Product is for sale in the country, we have used that products market price as the Recommended Retail Price. In other cases, a Recommended Retail Price has been established by converting the price in the market from which the goods were sourced into Australian dollars and adding an amount for duty and freight. The exchange rate used in conversion to Australian dollars is that which is applicable at the time the goods are first landed in Australia as published by our bank.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation. When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery of Your Products
Delivery of your purchase is by Australia Post – Parcel Post or Express Post, FedEx, UPS & DHL You will be provided with a delivery number where you will be able to track your order. Lizandez makes every effort to deliver your product via above mentioned carriers. If your product has not arrived within 14 days, please contact us or you can track the status of your product on the link we provide you or by entering your delivery number to appropriate carrier’s website. Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no-one is available to take delivery of your products, our carrier will leave a card so you can organise an appropriate time of availability. We will use all reasonable efforts to deliver your products to you within 5-10 days; however, we do not guarantee that we will deliver within this time frame. Should you supply incorrect or inaccurate delivery details you will be responsible for the delivery and we cannot offer any kind of refund based on this. We will however endeavour to assist you in recovering your purchase where possible. Title and risk of loss to all products will pass to you on delivery. Should you organise directly with any of the Lizandez Pty Ltd freight companies to have your delivery left at your premises without a signature or assume direct control of the delivery by changing the original delivery address details or making alternate arrangements, Lizandez will not accept any responsibility or be liable should any issues arise.
However, with the current Coronavirus pandemic worldwide, there maybe some delays experienced with the deliveries both domestically and those coming directly from our manufacturer due to the restricted number of international and domestic flights available.
International Taxes & Custom Charges
International customers may be required to pay sales tax, duty and/or Customs charges. All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ depending on the country and state of the shipping address, which may be charged to your purchase upon entry to your country. Please refer to your local authorities for further information. Lizandez will not be responsible for any additional taxes and customs charges that are requested during the shipment of your order.
Your Rights to Return a Product
Only prior to the despatch goods will a credit be offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an order. We will only be able to effect this change if you contact us before the goods are dispatched from our warehouse. This will be assessed on the merits of each claim.
As a general rule we do not accept returns after they have been despatched.
However if the claim is accepted, the original purchase must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and warranties that were shipped with the Product.
If the returned item is in a noticeably used condition, then a credit may not be offered.
Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours, textures and fabrics shown on our Website may slightly differ from the actual item.
Return postage will be at your expense.
If eligible, we will issue you a Credit Voucher to the value of the item, once the item is returned and assessed.
If your item arrives Dead On Arrival or you find a defect arises after delivery please contact our Customer Service department. Each case will be assessed on case by case basis on its merits. Please provide photographic proof of any damage were possible, to help us verify your claim.
At the discretion of Lizandez and depending on the fault, you may be offered the choice of refund, store credit, repair or replacement of the item (subject to availability). Return postage of faulty items to be assessed will be at Lizandez expense.
Incorrectly Described Items
Lizandez works hard to present the products on our Websites as accurately as possible. As much as we try to avoid it, on some occasions the information on our Websites may contain inaccuracies. We make no warranty or representation that the information provided by our suppliers, including in relation to product descriptions or images is correct, accurate, complete or reliable. However, please contact our Customer Service team if you have received an item that has not been correctly described.
In the event that it is verified that you have received an incorrectly described item you will be entitled to a remedy, which may include a full refund by your original method of payment.
Return postage of any incorrectly described items will be assessed by Lizandez on a case by case basis.
Some Products – Manufacturer Only Warranty
Some Products sold through Lizandez are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you do discover a fault or defect please ensure you notify Lizandez, attempting to repair the item yourself automatically voids any type of warranty or guarantee.
Trying to repair the item yourself may also cause additional damage therefore Lizandez or the manufacturer will not be held liable.
Lizandez is not a manufacturer of products. However, it may be more convenient for you to liaise with the manufacturer directly.
For some items, manufacturer’s offer their own optional or additional warranties.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:
You acknowledge that we do not make any warranty or representation as to the suitability of products for any purpose;
We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the products; and
We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connections 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 if in contract, tort (including negligence), under any statue or otherwise.
Your Data – Use And Protection
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Lizandez. Any unauthorized assignment shall be deemed null and void. If any provision 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 provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Lizandez for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Lizandez, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Lizandez reserves the right to change the Terms and Conditions of sale at any time. No Lizandez employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Intellectual Property Rights
The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Lizandez Pty Ltd and/or its assigners, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
Unless prior specific consent is granted in writing by Lizandez Pty Ltd, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Lizandez. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Lizandez are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceable of any provision of these Terms and Conditions will not affect the validity or enforce ability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Lizandez shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Lizandez, and lizandez.com.au shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.