Terms of service
INFORMATION ABOUT US
www.somedesignstore.com is a site operated by SOME DESIGN STORE (we or us). We are registered in Australia under business number 40 207 613 059.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or services we provide on our site without notice (see below).
We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST (where applicable).
Prices are subject to change effective immediately upon posting to our site or other form of notification.
While we take care to ensure that all prices quoted on our site are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product you will receive a full refund. We are under no obligation to sell the product to you at the incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order prior to dispatch by us, acceptance of your order and completion of the contract between you and us is subject to acceptance by us and will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is therefore concluded in Victoria, Australia.
By placing an order through our site, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
AVAILABILITY OF PRODUCT
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid and/or inform you when the product is in stock.
We reserve the right to withdraw any products from our site at any time and/or remove or edit any materials or content on our site. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from our site, whether it has been sold or not, removing or editing any materials or contents on our site or for refusing to process or accept an order after we have sent you the order confirmation.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
We attempt to be as accurate as possible when we describe products and services on our site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available or offered on our site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our site.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
POLICIES & GUIDELINES
You shall comply with our policies and guidelines as apply from time to time.
You will also be bound by our Returns Policy and our Delivery Policy.
The material, content, product descriptions, standard, quality and specifications displayed on our site, and any links and in relation to the products or services contained therein are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purpose. To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, or any other products or services accessed via our site.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
VIRUSES AND HACKING
You must not misuse our site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
LINKING TO OUR SITE
You may link to our home page, provided you obtain our prior written consent. You can request our consent by sending us an email at email@example.com. Any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
LINKS FROM OUR SITE
Where our site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
JURISDICTION AND APPLICABLE LAW
By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.
Any changes are effective immediately upon posting to our site.
CORRECTION OF ERRORS
Content on this website could contain typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. We reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.
When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Enzo and Luca is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Online content, or an error in your order. We cannot guarantee that the product images are an exact representation of the actual products.
- The Promoter is SOME DESIGN STORE Trading as www.somedesignstore.com (A.B.N 40 207 613 059).
- Information on prizes and how to enter Enzo and Luca competitions form part of these Terms & Conditions of Entry.
- By entering SOME DESIGN STORE competitions, entrants accept the above-stated Terms & Conditions of Entry.
- Entry to SOME DESIGN STORE competitions are open to all Australian residents; excluding employees and their immediate families of the Promoter and its related companies.
- To enter SOME DESIGN STORE competitions, entrants must answer all competition questions, or perform all necessary actions for entry, and entries must be received by the Promoter by the close of business on the specified closing date.
- Prize winners of SOME DEISGN STORE competitions are selected at 29 Morgan Street, Sale, Victoria, 3850 Australia on the specified competition judging date. Winners are contacted by email or mail within 2 business days of selection and may be announced in an upcoming blog post, social media post, story or the Enzo and Luca website.
- The judges’ decision is final and binding. As such, no correspondence will be entered into.
- Competitions are games of skill and as such, winning entries are selected based on the creativity of entries submitted.
- Unless expressly stated, all other expenses become the responsibility of the winner.
- If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
- Prize winners are advised that tax implications may arise from their prize winning and may wish to seek independent financial advice prior to the acceptance of the prize.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize or an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be awarded to the second most creative entry three months after the original draw date (to allow time for the winner to collect their prize).
- All prize winners agree to the use of their name and address suburb for publicity and competition purposes, without compensation.
- The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.
- As a condition of accepting the prize, the winner (and his/her companion – where applicable) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
- Prizes are not transferable or redeemable for cash, credit or product and no exchanges are offered. The Promoter accepts no responsibility for any variation in the value of the prize (or part thereof).
- The Promoter, their associated agencies and companies associated with this competition take no responsibility for prize damage or lost in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the prize.
- Each entrant’s personal information (“PI”) is collected to enable the Promoter to administer and promote this Competition and the winner. The PI of winners may be provided to third parties who are assisting the Promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the Promoter, at its sole discretion to be ineligible to win a prize. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The Promoter assumes no responsibility for any error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer networks and systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any web site, or any combination of them, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Competition.
- All entries become the property of SOME DESIGN SOTRE As such, SOME DESIGN STORE is the owner of all copyright and other intellectual property in the winning responses.
- The laws of Victoria Australia govern SOME DESIGN STORE competitions.
- For all alcohol prizes: Entry is open to all residents of Australia aged 18 years and over (excluding residents of Northern Territory). No more than 20 litres of alcohol will be won by New South Wales residents. Once 20 litres of alcohol has been won by New South Wales residents, cash will be awarded in lieu of the remaining alcohol prize. The Promoter will require winners to provide proof of age. Identification considered suitable for verification is at the Promoter’s discretion. The Promoter encourages consumers to drink responsibly. Guidelines are available at http://www.nhmrc.gov.au/publications/synopses/ds10syn.htm
- For all travel prizes; Passports, any requisite visas, spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The winner and companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. If for any reason a winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will not be redeemable for cash and is subject to booking and flight availability. Itineraries are to be determined by the Promoter in its absolute discretion.
- During the entire duration of the travel prizes, a nominated parent/guardian must accompany any person under 18 years of age unless otherwise stated. The winner (and his/her companion) is responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Prize is subject to the standard terms and conditions of individual prize and service providers. Winner may be required to present credit card at time of accommodation check in.
- The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoters legal rights to recover damages or other compensation from such an offender are reserved.
- If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or to cancel, terminate, modify or suspend the competition.
- In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same conditions at a later date.
- Please allow up to 28 days for delivery of prizes from the draw date. Prizes will be sent to delivery address provided by the winners. The Promoter and prize suppliers will take no responsibility for prizes lost or damaged in transit.
- The Promoter is SOME DESIGN STORE Trading as www.somedesignstore.com (A.B.N. 40 207 613 056).
- This competition is governed by the general Competition Terms and Conditions set out on this page.
- The competition will start from the time the first social media post regarding the competition is live.
- Entrants must follow the exact rules for entry in order to be considered a valid entry. Examples of this may include following, tagging and posting.
- The winner will be contacted via direct message on their instagram account
- The prize must be redeemed within 3 months of winning.
- If the prize does not get claimed within 6 weeks, the prize will be forfeited.
- Only the winner will be contacted, there will be no other public announcement of winners.
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