Website Terms of Use

Last updated:  5^th November 2024

Hey there! Welcome to the LA-LU website (Site), which is operated by La-Lu Label (ABN 12 465 414 032) (LA-LU, we, us or our). 

1. Services
   • By using the Site and/or purchasing Products from the Site (Services), you agree to be bound by these Website Terms of Use (Terms). Please read them carefully.
   • We may vary these Terms from time to time and we will publish the varied Terms on the Site. Your continued use of the Services following any changes indicates your acceptance of the changes.
   • You must use the Services for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the Services.
   • We do not represent or warrant that the operation of the Services and/or Site will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
2. Intellectual property rights
   • We own, or are the licensee of, the intellectual property rights in the content available on the Site, including text, graphics, photographs, designs, logos, icons, sound recordings and software. These Terms do not transfer any intellectual property rights from us to you or any third parties.
   • You must not (without our consent):
     • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the Site; or
     • use our name, logo, graphics, and logos which appear on the Site.

3. Prices and GST
   • Unless expressly stated otherwise, prices on the Site are:
     • in Australian dollars;
     • inclusive of any applicable taxes, including GST; and
     • exclusive of any shipping and delivery costs.
   • We try to make sure that the prices on our Site are accurate, but we can’t guarantee that will be the case. If we spot an error or need to make a change for some other reason, we reserve the right to do so without any notice. 
4. Product availability
   • We reserve the right, at any time, to modify, suspend, or discontinue the sale of any products that we are selling on the Site (Products) with or without notice and to the extent permitted by law we will not incur any obligation as a result of such change.
   • Once you’ve placed an order, we’ll let you know if there is any Product unavailability. As LA-LU creates limited runs of each of its styles, we do run out of certain Products from time to time.
5. Placing an order and payments
   • By completing an online order, you are making an offer to purchase the Product at the price on our Site.
   • Payment for all Products and Services must be by credit or debit card or any other payment method listed on the checkout page of the Site and the payment will be processed by a third party. Your payment method will be billed as soon as your order is placed. You warrant that you are an authorised user of the payment method used to complete payment.
   • All online orders placed through this Site are subject to confirmation and acceptance by LA-LU. We will email you with confirmation of the receipt of your online order. We may reject your online order for any reason and refund any payment made by you, at any time prior to dispatch.
6. Gift Cards, discounts and other sales offers

Gift cards

• Our gift cards entitle the holder to Products equal to the value stated on the card or remaining after partial redemption.
• Gift cards are only redeemable online via the Site and are subject to any expiry dates set out on the gift card. Gift cards are not valid to be redeemed at any LA-LU stockist.
• Gift cards:
  • may not be exchanged (wholly or partly) for cash;
  • are partially redeemable and any unused balance will remain on the gift card (which may not be redeemed for cash); and
  • are valid for three years from the date of purchase.
• If you purchase a Product using a gift card and then later return the Product, the purchase price will only be refunded back onto the same gift card, which will retain its original expiry date.
• If a purchase price exceeds the amount on a gift card, you will be required to pay for the difference in price between the value of the gift card and the purchase price.
• We do not take responsibility for any lost or stolen gift cards. 
• If we suspect any fraud relating to a gift card, we may refuse to redeem it until we are satisfied that no fraud has occurred.

Discounts and online-only promotions

• Sometimes, we offer discounted prices on the Site. These are at our sole discretion and may change without notice.
• We may also offer discount codes that entitle a person or class of persons to a special price or offer. These codes are only to be used by the intended bearer and for the purpose indicated when the code is distributed by us. We reserve the right to cancel any codes or modify the price or offer to which the bearer would otherwise be entitled for any reason and without any notice. If you are given a code for a particular purpose, you agree not to share that code with any other person and acknowledge that if it is redeemed by a person other than you, then you may not be entitled to redeem the code.

General discounts and sales

• No further discounts apply to general sale items, and such sale items are not valid for purchase with other offers/discounts.
• Where an end date is specified, the sale period references the current time zone in effect in the territory to which the Site relates. Sale periods cannot be adjusted to meet other time zones. It is the responsibility of the user to ensure the purchase is completed within this period.

7. Postage and shipping
   • Our delivery charges (if any) and shipping methods are as described on the Site from time to time. The estimated arrival or delivery date (if any) is not a guaranteed delivery date for your order. We are not liable to you, to the extent permitted by law, in relation to any delayed, lost, incomplete or erroneous deliveries, including where you have failed to provide us with accurate details and/or failed to update your details (including your name, email and/or delivery address). Where you notify us of any delayed, lost, incomplete or erroneous deliveries, we will provide you with reasonable assistance as may be necessary.
8. Refunds and returns

Our policies with respect to refunds and returns are governed according to our Returns policy (that you can access on the Site), which is incorporated into these Terms.

9. Third party websites and products
   • The Site may contain links to third-party websites, products, and services and/or provide you with access to third party products and/or services.
   • We do not make any representations or warranties in relation to, and we exclude all liability from, third party websites, products and services.
10. Behaviour guidelines
    • You must not:
      • copy, modify, or create derivative works based on the content available through the Services;
      • infringe the intellectual property rights, privacy or confidentiality of any third party;
      • resell or make any commercial use of the Site or any Site content;
      • modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Site content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser;
      • breach the security of the Site, test or scan the vulnerability of the Site, or make any unauthorised modifications to the Site;
      • engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
      • post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

11. Feedback

If, on our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, feedback or other materials, whether online, by email, by post, or otherwise (Feedback), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback. We are not, and will not be, under any obligation to:

• maintain any Feedback in confidence;
• pay compensation for any Feedback; or
• respond to any Feedback.

12. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services and/or Site, or any part of, for any reason, to interrupt the operation of the Services and/or Site, or any part of, as necessary to perform maintenance, error correction or other changes.

13. Liability
    • Your use of the Services and the Site is entirely at your own risk. None of the information and/or materials provided through the Services and Site, or otherwise by us, is in the nature of advice. Information and/or materials provided through the Services and Site is general in nature and subject to change and we have no obligation to verify and/or update such information or materials.
    • To the extent permitted by law:
      • the Products, Services and Site (including all information and/or materials provided through the Services and Site or otherwise by us) and all third party content available to you through the Services and Site are provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement; and
      • LA-LU, its directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the Site, the Services, and/or the Products.

14. Indemnity

You indemnify us from and against any and all claims, demands, proceedings, losses and damages (actual, special, aggravated and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and/or your breach of any law or rights of a third party.

15. General
    • Nothing in these Terms will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
    • These Terms contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
    • Any failure by us at any time to enforce these Terms or any rights will not be a waiver of such rights or affect the validity of these Terms.
    • If any provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.
    • These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and the courts of New South Wales, Australia will have exclusive jurisdiction over any dispute arising out of these Terms.