Web Site Terms and Conditions of Use
In these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to The Ada and Darcy Trading Company Pty Ltd and includes its related entities. These terms and conditions apply to the use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
Information Available on Web Site
All information provided by us at the web site is provided in good faith. We derive the information on our web site from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. You accept that any information provided by us is general information and is not in the nature of advice. In addition, we do not make any representations or warranties that the information we provide on this web site is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on this web site. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our website. You agree to use our web site for lawful purposes only.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on an "as is" basis. The Ada and Darcy Trading Company Pty Ltd assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by The Ada and Darcy Trading Company Pty Ltd.
Subject to any non-excludable or implied provisions at law, The Ada and Darcy Trading Company Pty Ltd expressly disclaims any warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site.
The Ada and Darcy Trading Company Pty Ltd shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if The Ada and Darcy Trading Company Pty Ltd is expressly advised of the possibility of such loss or damages.
Liability and Indemnity
Except as required by law, all warranties beyond those expressly given in these Conditions, are excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- If the breach relates to goods:
- The replacement of the goods or the supply of equivalent goods, or
- The repair of such goods, or
- The payment of the cost of replacing the goods or of acquiring equivalent goods, or
- The payment of the cost of having the goods repaired.
- If the breach relates to services:
- The supplying of the services again:
- The payment of the cost of having the services supplied again.
The Ada and Darcy Trading Company Pty Ltd accepts no responsibility or liability from your use of this web site and you will indemnify and hold The Ada and Darcy Trading Company Pty Ltd harmless from and against any claims, damages, costs and expenses as a result.
In order to access certain parts of this web site, or process certain transactions offered on this web site, you may need to become a registered user. We reserve the right to terminate your registration and to withdraw your access to this web site at any time if you breach these terms and conditions, or if we consider that you are using the services provided on this web site in an inappropriate manner. You must ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied. You must not disclose your password to another person, or permit another person to use your password to access this web site. Registered users will be liable for all money outstanding from purchase of goods or services using your password.
Terms and Conditions of Sale
The following terms and conditions of sale ('Conditions') apply to the supply of goods ('Products') or services by The Ada and Darcy Trading Company Pty Ltd ACN 145764058 to you, including all transactions for the purchase of Products and Services through this web site. In these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to The Ada and Darcy Trading Company Pty Ltd and includes its related entities.
Images, drawings, sizes and materials relating to products and accessories displayed on this web site are for illustrative purposes only. Actual colour specifications for a particular product may vary depending on your personal computer settings, natural variations in hand made products and materials, dyes etc.
Acceptance of Order
The advertisement and display of a product on Mrs Darcy is not an offer to sell and Mrs Darcy will be under no obligation to supply any product ordered through this website. You offer to purchase a product from Mrs Darcy when you place an order. We will be under no obligation to supply the product to you until we accept your order. From time to time a product may be displayed on our website that is not available for sale.
All orders are subject to our acceptance. Any order under these Terms and Conditions must be placed via the forms provided on this web site and must specify all information requested. You must complete all information requested on the order form before we process the order. We will send you an email acknowledging the products ordered as soon as possible after you have placed an order. However, our acknowledgement of your order by email will not constitute an acceptance of the Order. An Order for Products will only be binding on us when we accept the Order by a separate email once your payment has cleared. If we do not accept your Order for any reason, we will inform you by email or in writing.
If any of the items you order are out of stock or not available, or there is an anticipated delay with your order, we will contact you as soon as possible.
All prices provided on this web site are in Australian Dollars and are inclusive of a Goods and Services Tax ('GST'), unless explicitly stated otherwise. The GST payable by you will be shown on the invoice provided at the time of delivery of the products. The purchase price for the products will be at our selling price on the date of our receipt of the order, less any applicable discounts in effect at that time.
We will not be responsible for errors in pricing that appear on this web site. We will notify you in the event of a pricing error on the web site before an order is delivered, and you will have the opportunity to cancel your order in accordance with these Terms and Conditions.
At checkout, you are required to nominate your preferred method of payment. Once your order is received you, will be invoiced for your order including freight costs . If you nominated credit card as your preferred payment method, you will be charged for your order.
Mrs Darcy will verify the credit card information you submit and will advise you that your payment has been accepted. You must submit to Mrs Darcy such information as may be reasonably requested for the authorisation and verification of your credit card purchases.
We undertake to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers. Your personal information is protected by SSL technology to ensure that your transaction is safe and secure.
Mrs Darcy will deliver the products to you only once the payment has cleared into the specified Mrs Darcy bank account. Mrs Darcy reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider. If your credit card provider rejects a payment when due, Mrs Darcy at its discretion may delay or cancel delivery of any order you have placed.
Mrs Darcy has the right to offset and deduct from any refund due to you, at any time, all sums owed by you to Mrs Darcy. If your account is placed in collection, Mrs Darcy will be entitled to claim all reasonable expenses for collection, including legal fees incurred.
This site is owned and operated by The Ada and Darcy Trading Company Pty Ltd. All content, including but not limited to, photographs, pictures, designs, written and other content, are copyrighted to The Ada and Darcy Trading Company Pty Ltd. The reproduction of any content is prohibited without the consent of The Ada and Darcy Trading Company Pty Ltd. This site and its contents are for personal use only.
Title and Risk
You agree that until payment of all moneys owing to us, the products remain the property of The Ada and Darcy Trading Company Pty Ltd. The risk of any loss or damage to the products passes to you from the time we dispatch the products to your specified address or other agreed address.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irreversibly and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts that may hear appeals from those courts.
Disclaimer of Liability
The Ada and Darcy Trading Company Pty Ltd and its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site. We do not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site. Any exclusion or limitation of liability set out in these terms and conditions or on the web site does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
You must ensure that your access to this web site is not illegal or prohibited by laws, which apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system that arises in connection with your use of this web site or any linked web site.
We do not warrant the accuracy, adequacy or completeness of any information contained on this web site, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Where the information made available on this web site contains opinions or judgments of third parties:
- You acknowledge that any opinions or advice by third parties on this web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose
- We do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
- We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of any advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Intellectual Property Rights
You accept that the intellectual property rights subsisting in all materials on this website are owned or licensed by us and that you gain no interest in relation to them. By use of the site, such rights include rights relating to this web site's look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.
Copyright in this web site (including text, drawings, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site, or
- Alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
- Use or apply, for commercial purposes any material or information on this Site, without the prior written consent of The Ada and Darcy Trading Company Pty Ltd.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trademark. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- In or as the whole or part of your own trade marks, or
- In connection with activities, products or services which are not ours, or
- In a manner which may be confusing, misleading or deceptive, or
- In a manner that disparages us or our products or services (including this web site).
All trademarks, brands and names appearing on this Site are the property of their respective owners.
You are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is specifically prohibited. You may not without our written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites. Those links are provided for ease only. Their accuracy and relevance cannot be confirmed. We are not responsible for the content or privacy practices associated with linked web sites.
Our links to other web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
The Ada and Darcy Trading Company Pty Ltd will not monitor or review statements made by persons other than The Ada and Darcy Trading Company Pty Ltd ("Third Parties") on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time ("Third Party Posted Material"). The Ada and Darcy Trading Company Pty Ltd makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. The Ada and Darcy Trading Company Pty Ltd expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, The Ada and Darcy Trading Company Pty Ltd is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if The Ada and Darcy Trading Company Pty Ltd has been expressly advised of the possibility of such loss or damages.
You must not link to any part of this web site other than the home page without our written consent.
Security of Information
Unfortunately, no transmission of data over the Internet can be guaranteed to be totally secured. Whilst we endeavor to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Any information that you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
We may terminate access to this web site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Alterations to Terms and Conditions
We may revise and modify these Terms and Conditions at any time by updating this web page. You are bound by such changes and should therefore regularly revisit this page to ensure you understand the current Terms and Conditions . Your continued use of the web site after a revision of these Terms and Conditions evidences your acceptance of that revision.