Terms of service

1.              OVERVIEW

These Terms and Conditions govern your access and use of our website (www.elegantlivingsolutions.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website is operated and owned by Extreme Dreams Pty Ltd atf Extreme Dreams Trust trading as Elegant Living Solutions, ABN 82 910 033 249 (‘Elegant Living Solutions’, ‘we’, ‘us’ or ‘our’), or CoreEdge Steel Garden Edging ('CoreEdge').

These Terms and Conditions are to be read in conjunction with any additional Terms and Conditions or policies we provide (collectively referred to as ‘Terms’), including but not limited to our Privacy Policy, Returns Policy and Shipping Policy.  To the extent of any inconsistencies, the provisions of these Terms and Conditions apply.

By accessing or using our Website, you engage in our “Service” and you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

2.              Your use of this Website

You must not:

·                use this Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;

·                disrupt, interfere with, reverse engineer or compromise the security of this Website or any software or hardware used in connection with this Website;

·                restrict, inhibit or interfere with any other user’s use or enjoyment of this Website;

·                do anything which may bring Elegant Living Solutions, CoreEdge or any of it's brands into disrepute;

·                do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

·                use this Website to send unsolicited email messages; or

·                facilitating or assisting a third party to do any of the above acts.

We have the right to refuse to deal with you, at any time, at our sole discretion, if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these terms and conditions.

3.              Privacy

All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by Elegant Living Solutions according to the terms of its Privacy Policy, a copy of which is available on our Website. You consent to Elegant Living Solutions dealing with your personal information in accordance with its Privacy Policy. You also agree to use this Website in accordance with any other policies that we publish on this Website from time to time.

Your personal information may be transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia. You consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to clubs inside and outside Australia. You can access our privacy policy at https://elegantlivingsolutions.com.au

4.              GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5.              AMENDMENTS

Elegant Living Solutions reserves the right to make changes to the Website and Terms at any time and without notice to you.  Any such changes will only apply to orders submitted after the date on which the changes have been made.  It is your responsibility to regularly check the Elegant Living Solutions Website in case there are any changes made, including each time you purchase an Elegant Living Solutions product.  Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

6.              PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

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.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.

7.              PRICING

You will be charged in full at the time of ordering an Elegant Living Solutions product by supplying Elegant Living Solutions with a valid credit or debit card issued by a bank acceptable to us, using a valid PayPal account or by redeeming Elegant Living Solutions Credit or Gift Vouchers.

Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors (including processing errors) may occur.  If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you, we will treat the order as cancelled.  If the order is cancelled and you have already paid for the goods, you will receive a full refund. See our Returns Policy for more details.

All prices are in Australian Dollars (AUD) and are inclusive of GST.  Delivery costs may be charged in addition to the cost of the product and these are clearly displayed when ordering and are available on our Shipping Policy.

8.              ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9.              THIRD-PARTY LINKS

This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of Elegant Living Solutions. Elegant Living Solutions is not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.

10.           ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

11.           INTELLECTUAL PROPERTY

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website is owned, controlled by, or licensed to Elegant Living Solutions.  You must not use, copy, modify, reproduce or distribute the Website or the Content without Elegant Living Solutions' prior written consent.   You may view and print the Content on your personal computer for the sole purpose of viewing the Content and purchasing products from Elegant Living Solutions, but not for any other use, including any commercial use.  You must not use any of the marks or trademarks appearing on this Website or Elegant Living Solutions name without our prior written consent.

Elegant Living Solutions products are to be purchased for personal use only and may not be copied, re-sold or rented out without the written permission of Elegant Living Solutions. Any violation of the above may result in legal action.

12.           LIABILITY

Website Accuracy, Errors and Availability

While we aim to update our Website regularly, neither Elegant Living Solutions or any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.  We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any items, information or content featured on this Website without notice.

To the maximum extent permitted by law, Elegant Living Solutions excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.

Products

You acknowledge that our products are designed to change in appearance over time.  The extent of these changes will vary depending on the environment in which they are installed.

Elegant Living Solutions is not liable to you for any change in the appearance of our products, nor do we provide any guarantees as to the longevity of our products.

Elegant Living Solutions is not liable for any personal injury which occurs as a result of our products, whether during or after the installation process.  In addition, Elegant Living Solutions is not liable for any damage to its products caused after delivery, including during the installation process, whether we have provided you with guidance on the installation process or not.

Harmful Technologies

To the maximum extent permitted by law, Elegant Living Solutions will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.

Consumer Law

Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, Elegant Living Solutions’ liability for breach of such term or consumer guarantee is limited, at our option, to:

•           the replacement of the goods or the supply of equivalent goods;

•           the repair of the goods;

•           the payment of the cost of replacing the goods; or

•           the payment of the cost of having the goods repaired.

To the extent Elegant Living Solutions’ liability cannot be excluded, Elegant Living Solutions’ maximum liability to you will be limited to $250 where permissible at law These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

13.           RISK AND TITLE

Risk and title in the items will pass to you upon delivery of the items.

14.           GENERAL

Release and indemnity: You agree to release and indemnify and hold Elegant Living Solutions and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website or use of our products, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

Waiver: Any failure by Elegant Living Solutions at any time to enforce these Terms or any of its rights will not be a waiver of such rights, or affect the validity of these Terms.

Force majeure: Elegant Living Solutions will not be liable to you for any loss, damage or expense caused by Elegant Living Solutions’ failure to supply any product or perform any obligation under these Terms as a result of any matter beyond the control of Elegant Living Solutions, including, but not limited to, the inability of Elegant Living Solutions’ normal suppliers to supply necessary materials.

Severability: If any provision of these Terms becomes void or unenforceable, it will be it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.

Jurisdiction: These Terms are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia

15.           PRICE MATCH GUARANTEE

If you find a comparable product advertised for sale in Australia at a lower price than ours, we will beat that price by 5%. To make a claim, contact us at admin@elegantlivingsolutions.com.au before placing your order, with a link to or screenshot of the competitor’s advertised price.

The guarantee applies where:

·                the competing product is the same type, material, steel thickness, dimensions and finish as our product, as determined by us acting reasonably;

·                the competing product is in stock and available for delivery within Australia;

·                the competitor’s price is current at the time of your claim and includes GST; and

·                the comparison is made on the total price, including delivery to your address.

The guarantee does not apply to:

·                clearance, liquidation, auction, second-hand or ex-display sales;

·                prices offered by private sellers, or prices that require a membership, trade account or bulk purchase;

·                prices that include promotional codes, bundles, rebates or gifts with purchase;

·                prices that are the result of an error; or

·                orders that have already been placed.

We reserve the right to verify any competitor’s price before applying the guarantee, and to limit the quantities to which it applies. We may change or withdraw this guarantee at any time; any change will not affect claims made before the change. This guarantee does not affect your rights under the Australian Consumer Law.

15.           CONTACT INFORMATION

We will use reasonable endeavours to respond to all emails within 48 hours.  Our customer service team can be contacted at admin@elegantlivingsolutions.com.au.