These terms of service were authorized by Karen Kelly on 28 October 2021.
1. About the Website
a.
Welcome to the Olive & Stone Living website. The website provides you with an opportunity to browse and purchase various products that we have listed for sale.
b.
The website is operated by Karen Kelly (ABN 41 865 599 446). Access to and use of the website, or any of its associated products or services, is provided by Karen Kelly.
c.
Please read these terms carefully.
d.
Karen Kelly reserves the right to review and change any of the terms by updating this page at her sole discretion. Any changes to the terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the terms for your records.
2. Acceptance of the terms
a.
You accept the terms by remaining on the website. You may also accept the terms by clicking to accept or agree to the terms where this option is made available to you by Karen Kelly in the user interface.
b.
If you do not agree with the terms, you must stop using the website immediately.
3. Purchasing products
a.
In order to purchase products, you will be required to provide personal information about yourself (such as identification or contact details), including your:
ii.
iii.
Credit card details
b.
You can provide this information as a guest or as a registered member.
c.
In either case, we manage such information in line with our privacy policy and you agree to be bound by these terms.
d.
You agree to the payment of the purchase price listed on the website for the product/s. Prices are inclusive of GST.
e.
Payment for purchases is may be made through Stripe. When purchasing products, we advise you to be familiar with Stripe’s terms, privacy policy and security measures.
f.
Following payment being confirmed by Karen Kelly, you will be issued with a receipt to confirm that the payment has been received and Karen Kelly may record your purchase details for future use.
4. Eligibility to purchase products
You may not use the purchase products and may not accept the terms if you are:
a.
Not of legal age to form a binding contract with Karen Kelly; or
b.
A person who is barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
5. Refunds & Returns
Our refund policy is in line with Australian Consumer Law.
a.
You can request a refund if there is a major problem with the quality of the product you purchased. At her sole discretion, Karen Kelly may decide to give you a refund.
b.
You can request a discount or other compensation for minor problems with the products you purchased. At her sole discretion, Karen Kelly may decide to grant your request.
If you wish to dispute Karen’s decision, you must enter into negation and mediation before commencing any Tribunal or Court proceedings, in relation to the dispute, (except where urgent interlocutory relief is sought).
Confidential
c.
All communications concerning negotiations between you and Karen arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Notice
d.
The first step in resolving a dispute is to email Karen detailing the nature of your concerns, your desired outcome and actions you wish to see taken.
Negotiation
e.
After receiving the above notice, you and Karen have 14 days to negotiate a resolution. If you cannot reach an agreement within 14 days, you or Karen can request formal mediation.
Mediation
f.
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties may either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee
Termination & Further Action
h.
If after 14 days of mediation there is no resolution, you or Karen can terminate the mediation. You or Karen are then free to pursue further action.
i.
The mediation may be held virtually.
5. Obligations of registered members
As a registered member, you agree to:
a.
Only use this website in accordance with these terms and any applicable law or regulation
b.
Keep your password confidential
c.
Keep your information up to date
And you must immediately notify Karen of:
d.
Unauthorised use of your account
e.
Breach of security with your password
6. General disclaimer
a.
You acknowledge that Karen Kelly does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those provided for pursuant to these terms.
b.
Karen Kelly will make every effort to ensure a product is accurately depicted on the website, however, you acknowledge that sizes and colours may appear slightly different from what is displayed on the website.
c.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded
Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and:
d.
Karen Kelly will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise
e.
Use of the website and its products is at your own risk. Everything on the website and its products. None of the owners employees, agents, contributors, third party content providers or licensors of Karen Kelly makes any express or implied representation or warranty about its content or any products referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i.
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
ii.
The accuracy, suitability or currency of any information on the website or any of its products (including third party material and advertisements on the Website);
iii.
Costs incurred as a result of you using the website or any of the products;
iv.
The content or operation in respect to links that are provided for the user’s convenience;
v.
Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
vi.
Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct
7. Limitation of liability
a.
Karen Kelly’s total liability arising out of or in connection with you purchasing products within these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these terms or where you have not paid the purchase price, then the total liability of Karen Kelly is the resupply of information on how to buy available products.
b.
You expressly understand and agree that Karen Kelly, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused, and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
c.
Karen Kelly is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Karen Kelly, by third parties or by any of the Purchase Services offered by Karen Kelly.
8. Indemnity
You agree to indemnify Karen Kelly, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a.
Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
b.
Any breach of the terms.
