TERMS AND CONDITIONS OF SERVICE \ SALE FOR CUSTOMERS
Hello, we’re Lilo Living! Thanks for reading this important legal stuff. These are our Terms & Conditions of Service (“Terms”) which apply to all customers of Jenna Maria Donnelly t/as Lilo Living [ABN 53460307365] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately you won't be able to purchase any of our Products online.
BEFORE PURCHASE
Things you need to do before purchasing Products on our Website
Before you buy anything from our Website, there are a few things you should know:
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you need to be 18 years old or have parental consent;
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please give us complete and accurate information, and let us know if anything changes;
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the Site is a marketplace for second-hand items, which may have minor defects and are in used condition and are not brand new;
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when using the website and services, know that these items might not be in perfect condition unless stated otherwise. We try to show items in detail, pointing out any known issues. Take your time to read the description of each item you like and make sure you're okay with it before buying. Look at both the pictures and/or video and the item description to get all the information you need;
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you need to use any special offers, gift codes or coupons at the time of purchase - they can't be applied after the fact; and
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once you place an order, we retain the right to cancel any order and sometimes may not be able to cancel it, as it will have already been processed and paid for by us.
Acknowledgements you make when purchasing on our Website
Whilst we aim to do our best, please be aware that there could be:
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occasional errors or omissions in Product descriptions, prices, delivery charges, delivery times, availability, and promotions. Reasonable efforts are made to represent the original maker and details of the items however information from the original seller is relied on in most cases to complete the description;
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colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products; and
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some Products with limited quantities, and some sales that are limited to certain regions.
Completing an order on the Site does not guarantee acceptance. Acceptance happens when we confirm the Item has been delivered to you. We have the discretion to accept or reject any offer to purchase. If we cannot supply the Item for any reason, we will notify you, and if you have already paid, we will provide a full refund.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
AFTER PURCHASE
Things you need to know after purchasing on our Website
After purchasing something from our Website, there are a few more things you should know:
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we use text messaging to provide you with up-to-date delivery information and other important reminders;
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if you have issues with late, stolen, or damaged deliveries, please contact us at hello@liloliving.com
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we will cover the cost of any damage to the Products during delivery or will accept the refund of the product if the damaged product is not feasible for the repair;
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please follow the original manufacturer’s or our instructions in relation to the Product. We do not guarantee that it will work as good as a new product should have;
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if you have any issues with the Product and require a refund, please contact us via email at within 48 hours;
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please ask our prior written consent before publishing any information about us; and
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if there is a dispute, please keep all communications confidential.
Things we’d love you to do after purchasing on our website
We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us! We might even use them for marketing and information purposes, publications, exhibitions and professional awards across print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but don't want us to use it, it is your responsibility to notify us immediately at hello@liloliving.com
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our Website
Except as required by law, we may change delivery information, availability, Product information, prices, promotions and any other information on our Website.
We make deliveries at your option and your cost
The areas we deliver to are those that are published on our Website. These areas may change from time to time as we are able to service a larger area. We will process your delivery upon receipt of payment and send your Products via a third-party delivery service. Delivery times will depend on your location. We will endeavour to deliver within 3 to 5 business days and accommodate any delivery date and time preferences.
We do not take responsibility for the Products not fitting through doorways, etc. In such circumstance, you are still required to pay the Restocking fee, so please ensure you check all measurements in advance.
While Lilo Living has done its best to ask for all of the information that is likely to be important about an item’s delivery or pickup, and if any important information about the delivery or pickup is not specifically requested by the Site, it is your responsibility to proactively, and in a timely, accurate and complete fashion, inform Lilo Living of that information.
If a scheduled delivery or pickup is not completed because of something you do or fail to do, you will still be charged Restocking fees per item in relation to your appointment. For example, if you fail to cancel an appointment by 5:00 PM local time 2 days prior to the scheduled Appointment Date, or if Lilo Living is unable to deliver an Item because you did not accurately describe the delivery location or include all necessary delivery details when arranging for the delivery of an Item (such as failing to indicate that there is no elevator in the building when the delivery is to an upper floor), Lilo Living would have the right to charge the Customer all item-based delivery charges.
You hereby grant Lilo Living the right to enter your apartment or office for purposes of delivering the Item(s) to you pursuant to this Agreement. You hereby authorize and request that family members, agents, employees, servants, landlord and building management fully cooperate with Lilo Living’s delivery of an Item in your absence. You agree to hold such persons harmless for any action resulting from such entry. You hereby authorize Lilo living to present this Agreement as proof of your grant of permission to Lilo Living.
You must be present for the delivery of your item or nominate a responsible person at the time of order or via email prior to delivery. If you or a nominated person are not present, the item will not be able to be delivered and fees and charges will apply.
We comply with the Australian Consumer Law re returns
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement wherever it is possible or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced (in case where a similar product is available) if the Products fail to be of acceptable quality and the failure does not amount to a major failure except the limitations already mentioned in the description, photo, or videos of the product.
Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. The products are provided on an “as-is” basis.
We do not provide refunds except if you report within 48 hours from the time of delivery of the product that is not as described or visibly shown in the photos, description and/or video or as required under the Australian Consumer Law. For example, we do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers and our instructions, where you fail to take reasonable care in ordering or using, or where you fail to provide us with adequate information.
If we need to cancel your order, we will provide a refund
On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission.
We can refuse to serve you and sell Products at any time
We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement.
LIABILITY AND INDEMNITY
We provide each purchased item on an "as-is" basis, and you agree that your purchase is at your own risk. We do not guarantee defect-free, or error-free functioning of items, nor do we guarantee the accuracy, completeness, reliability, or decency of item descriptions. We are not liable for indirect, special, punitive, or consequential damages, except in cases of gross negligence or wilful misconduct.
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
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If possible, the replacement of the products or the supply of equivalent products; or
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the payment of the cost of replacing the products or of acquiring equivalent products.
In any case, our liability to you will not exceed the amount actually paid by you to us for the Product.
You are responsible for indemnifying and defending us, as well as holding us harmless, from any claims, actions, suits, proceedings, costs, expenses, damages, and liabilities. This includes reasonable attorney's fees and costs, related to your use of an item or any incidents occurring after we deliver the item to you, or you pick it up from a warehouse. This responsibility covers aspects such as the purchase, possession, use, or operation of an item, except in cases of gross negligence or wilful misconduct on our part. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control which prevents us complying with our obligations under this Agreement, including, but not limited to any pandemic, "Act of God" such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder, or acts or threats of terrorism or electrical failure, changes to regulations, travel limitations, or weather events.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Products means any product available through our Website, and includes second-hand household furniture such as dining sets, bedside tables, consoles, TV units, coffee tables, side tables etc.
Restocking Fees is a fee we charge refers to a predetermined percentage, typically 5% of the original purchase price. It covers costs associated with processing, inspection, cleaning, and potential depreciation of the item upon return to our inventory.
We, us, or our means Jenna Maria Donnelly t/as Lilo Living [ABN 53460307365] and includes any of our employees, agents, partners, and contractors.
Website and Services means www.liloliving.com, and everything available on this website including, but not limited to, all Products and any services.
