General Terms and Conditions of Sale: Liv Lorkin Designs

These are the General Terms and Conditions of Sale (Conditions) for all products available for sale by Collaborative Solutions and Design Pty Ltd trading as Liv Lorkin Designs (ABN 58 616 278 007) (Liv Lorkin Designs) (“we”, “us” and when relating to us, “our”), including products available for sale on the website

www.livlorkin.com owned and operated by Liv Lorkin Designs (Website).

These Conditions apply to all transactions between the purchaser (“you”) and Liv Lorkin Designs, including all quotations, offers, orders or sales.

These Conditions (which will only be waived or varied in writing signed by Liv Lorkin Designs) will prevail over all conditions of the transaction to the extent of any inconsistency.

Please read these Conditions carefully. By creating an account on the Website, checking the box marked “I Agree” or “I Accept” or otherwise completing a purchase with Liv Lorkin Designs, you indicate that you have read, understood and agree to be bound by these Conditions.

Please read this document carefully and contact us at [email protected] if you have any questions.

 

1. Definitions

Unless otherwise stated, the terms in these Conditions have the following meaning:

Agreement means your agreement with Liv Lorkin Designs made on your acceptance (in accordance with these Conditions) of Liv Lorkin Designs’s offer contained in these Conditions

Australia Post means the Australian Postal Corporation

Conditions means these General Terms and Conditions of Sale, as updated or amended from time to time

Delivery Address means the address for delivery of products nominated by you at checkout

Delivery Service means Australia Post or Sendle, whichever is applicable in the circumstances

Dispute means any dispute arising out of or in relation to this Agreement or these Conditions

Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 belonging to Liv Lorkin Designs, or to which Liv Lorkin Designs is entitled, in relation to its business, products and the Website

Liv Lorkin Designs means Collaborative Solutions and Design Pty Ltd trading as Liv Lorkin Designs (ABN 58 616 278 007)

Notice means a notice in writing delivered by hand, post or email to the last-known address of the party to whom it is addressed

Parties means the parties to this Agreement

Purchase Price means the purchase price determined by Liv Lorkin Designs for any product, inclusive of all applicable taxes, duties or levies (including GST)

Website means the website located at www.livlorkin.com, which is owned and operated by Liv Lorkin Designs

 

2. eCommerce

1. While Liv Lorkin Designs takes every care in collating and organising the content on the Website, including details, descriptions, textures, appearance, colours and prices of products which appear on the Website for sale, you acknowledge that errors may occur and that images of products may vary from the delivered product, depending on your monitor or screen, settings and computer
2. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the Purchase Price.
3. Liv Lorkin Designs may elect not to fill any order (or part of an order) that you have placed where the Website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies or where a product is out of stock.

3. Payment

1. You agree to pay the Purchase Price for any product to Liv Lorkin
2. Prices displayed on our Website are shown in Australian dollars (AUD).
3. Where the option is given to you, you may make payment by way of:
   1. Credit Card payment;
   2. Stripe; or
   3. any other method of payment accepted by Liv Lorkin Designs from time to time.
4. In making any payment, you warrant that you have read, understood and agreed to be bound by these Conditions, the terms and conditions of any payment gateway or processor (such as Stripe) and the terms and conditions of any Delivery Service, which are available on their respective
5. You acknowledge and agree that payment of the Purchase Price is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that Liv Lorkin Designs may immediately stop delivery of any products unless or until those costs are paid by you to Liv Lorkin
6. You agree and acknowledge that Liv Lorkin Designs can vary the Purchase Price for any product at any time on notice, and that such notice is given by posting the updated price on the

1. Liv Lorkin Designs may, at its option and without prejudice to any of its rights, either suspend delivery, require payment in a particular form or terminate this Agreement by Notice to you where you:
   1. default on any payment due under this Agreement;
   2. commit an act of bankruptcy; or
   3. in the case of a company, become subject to:
      1. a petition, an order being made or a meeting being called to consider a resolution for you to be wound up, deregistered or dissolved;
      2. a receiver, receiver and manager or an administrator is appointed to all or any part of your property and undertaking;

• the entering of a scheme of arrangement (other than for the purpose of restructuring); or any assignment for the benefit of

 

4. Gift Cards

5. Discounts

1. Liv Lorkin Designs may offer to discount the Purchase Price on products available for purchase on the Website within its absolute Unless otherwise stated in any other relevant document, any offer by Liv Lorkin Designs to provide any products at a discounted, reduced or promotional price is subject to the terms and conditions set out in this clause.
2. Discounts are applicable to the Purchase Price stated on the Website as at the date the offer is
3. Discounts may be claimed by entering the unique coupon code at
4. Discounts are not available in conjunction with any other
5. Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last.
6. Discounts are available on the products stated in the offer, or else on full priced products
7. Unless otherwise stated, discounts are not available on purchases made using gift cards or store
8. Discounts are offered by Liv Lorkin Designs in its absolute discretion and Liv Lorkin Designs reserves the right to revoke any discount offer at any time without notice.

 

6. Store Credit

1. Liv Lorkin Designs may issue you with store credit in accordance with these Conditions, or otherwise within its absolute discretion. Unless otherwise stated in any other relevant document, store credit is subject to the terms and conditions set out in this
2. Store credit is redeemable for products sold on the Website
3. Store credit will be applied to your account on the If you do not have an account on the Website, you will be required to create an account prior to store credit being provided.
4. Store credit may be redeemed by logging in to the Website, proceeding to checkout and selecting the option to apply store credit to your
5. Store credit may not be applied to postage on an
6. Store credit may be redeemed for twelve (12) months from the date of issue. Store credit will expire after this date and will be unable to be redeemed, replaced or
7. Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

 

7. Exchange

1. Liv Lorkin Designs may exchange a product purchased by you in accordance with these Conditions, or otherwise within its absolute discretion. Unless otherwise stated in any other relevant document, exchanges are subject to the terms and conditions set out in this
2. Requests for exchange must be made by email to [email protected] within fourteen (14) days of
3. Where Liv Lorkin Designs agrees to an exchange, you must return the item to Liv Lorkin Designs in accordance with these Conditions, or otherwise in accordance with instructions provided by Liv Lorkin
4. Where Liv Lorkin Designs agrees to an exchange, exchange is only available for products with a Purchase Price equal to or lesser than the Purchase Price of the original The exchange value does not include any postage or handling fees.
5. Unless otherwise provided in these Conditions, you will be responsible for any additional postage or handling fees incurred by you in returning the item to Liv Lorkin Designs, as well as any additional postage or handling fees incurred by Liv Lorkin Designs in delivering the product on exchange. Liv Lorkin Designs may choose to refund part or all of your postage costs within its absolute

 

8. Postage and Delivery

1. Liv Lorkin Designs posts products within Australia only. Products are sent to the Delivery Address via ordinary post with Australia Post or Sendle and are subject to their respective terms and conditions which are available on their respective websites. The choice of Delivery Service is entirely within the discretion of Liv Lorkin
2. Liv Lorkin Designs may post products internationally within its absolute discretion. Requests for international postage should be made by email to [email protected] prior to purchase and will be subject to additional postage You will also be responsible for any export, import or other taxes or duties that may apply. Liv Lorkin Designs reserves the right to cancel and refund any order requiring postage outside Australia.
3. Liv Lorkin Designs may post products using express or registered mail on Requests for express or registered mail should be made by email to [email protected] prior to purchase and will be subject to additional postage costs. Liv Lorkin Designs reserves the right to cancel and refund any order requiring express or registered delivery.
4. You agree to pay to Liv Lorkin Designs postage fees in the sum of $10.00 in addition to the Purchase Price for orders up to 5kg in weight. Should your order exceed 5kg in weight, Liv Lorkin Designs reserves the right, in its absolute discretion, to charge additional postage fees in accordance with the current fees and charges charged by the Delivery

1. You acknowledge and agree that payment of postage fees or any other payments referred to in this clause (in addition to the Purchase Price) in accordance with this clause is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment of postage fees or other amounts is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that Liv Lorkin Designs may immediately stop delivery of any products unless or until those costs are paid by you to Liv Lorkin
2. You acknowledge and agree that Liv Lorkin Designs can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the
3. Liv Lorkin Designs will endeavour to dispatch orders within two (2) business days of your order You acknowledge and agree that handling times may vary and that Liv Lorkin Designs will not be liable for any delay in dispatch of your order.
4. Products will be delivered in accordance with the Delivery Service’s estimated delivery times, which are available on their respective
5. You may track your order using tracking services provided by the Delivery Service. Where available, Liv Lorkin Designs will provide tracking details once your order has been dispatched to the Delivery Service. Liv Lorkin Designs is in no way responsible for the reliability or accuracy of any tracking service provided by the Delivery Service. Should you experience any issues with the tracking service, you must contact the Delivery Service
6. While Liv Lorkin Designs endeavours to keep dispatch and delivery dates, any delay of dispatch or delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate this
7. Should circumstances beyond the control of Liv Lorkin Designs prevent or hinder dispatch or delivery, Liv Lorkin Designs will be free from any obligation to deliver products while such circumstances continue. For as long as such circumstances exist, Liv Lorkin Designs may, at its option, cancel, rescind or terminate all or any part of this Agreement or keep the Agreement on foot until such circumstances have ceased. Such circumstances beyond the control of Liv Lorkin Designs include, but are not limited to: strikes, lockouts, rebellions; flood; fire; extreme weather events; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology
8. In the event of non-delivery, you must contact Liv Lorkin Designs within five (5) business days of the estimated date of delivery (calculated in accordance with this clause). Non-delivery issues will be lodged with the Delivery Service for investigation in accordance with their terms and
9. It is your responsibility to ensure that you supply Liv Lorkin Designs with a current, accurate and accessible Delivery Address and that products can be delivered to the Delivery Address. Liv Lorkin Designs will not be responsible for any incorrect or failed delivery due to your failure to provide a current, accurate and accessible Delivery
10. If a product is undelivered due to your error and returned to Liv Lorkin Designs, any further postage fees incurred by Liv Lorkin Designs for arranging the return of the product and the re-shipping will be payable by you prior to the product being re-shipped. Liv Lorkin Designs reserves the right, in its absolute discretion, to terminate this Agreement and issue a refund or replacement of your order in accordance with these
11. If a product is deemed undeliverable, it may be disposed of in accordance with the Delivery Service’s terms and Liv Lorkin Designs will not be responsible or liable in any way for the sale, destruction or other disposal of the product.
12. In the event of products lost or damaged in transit, you agree that Liv Lorkin Designs’s liability will be limited to that which it is able to recover from the Delivery Service, less its reasonable costs of investigating and applying for any compensation, unless otherwise required by

 

9. Risk

1. Risk in the products will pass to you upon delivery of the products to you. If you have authorised Liv Lorkin Designs and its agents or a Delivery Service to leave products unattended at the Delivery Address, the order will be deemed delivered on leaving the order at the Delivery
2. Where, in accordance with these Conditions, Liv Lorkin Designs accepts return of any products, risk in those products will revert to Liv Lorkin Designs upon delivery of the products to Liv Lorkin Designs.

 

10. Australian Consumer Law

1. These Conditions do not affect the rights, entitlements and remedies conferred by the Australian Consumer
2. Our products come with guarantees that cannot be excluded under the Australian Consumer You are entitled to replacement 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 if the products fail to be of acceptable quality and the failure does not amount to a major failure.
3. The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision of products by Liv Lorkin Designs on the Website, which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. Liv Lorkin Designs does not exclude these rights but does exclude all other conditions and warranties implied by custom, law or statute. The terms in these Conditions that seek to modify, exclude or limit Liv Lorkin Designs’s liability will apply to the maximum extent permitted by law. These Conditions must be read and construed subject to any such statutory
4. To the extent permitted by law, where Liv Lorkin Designs makes a supply of products to you for the purposes of the Australian Consumer Law, if Liv Lorkin Designs or any of its employees, sub- contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law (other than a guarantee under section 51, 52 or 53), then Liv Lorkin Designs’s liability for breach of the guarantee is limited, at Liv Lorkin Designs’s option, to:
   1. replacement of the products or the supply of equivalent products;
   2. repair of the products;
   3. payment of the cost of replacing the products or acquiring equivalent products; or
   4. payment of the cost of having the products repaired; or
   5. such other remedy as is fair and reasonable in the circumstances and which Liv Lorkin Designs is ready and willing to provide and in any case, Liv Lorkin Designs will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
   6. In circumstances where the Australian Consumer Law does not apply, Liv Lorkin Designs excludes all liability for any and all loss or damage suffered by you or any other person in any way connected with a purchase or the Website and will only provide a remedy if:

1. 1. Liv Lorkin Designs is unable to continue to provide the product;
   2. Liv Lorkin Designs makes a decision, in its absolute discretion, that it is reasonable to do so under the circumstances; or
   3. otherwise in accordance with these

 

11. Refund Policy and Procedure

1. This refund policy is additional and supplementary to the rights stated in relation to the Australian Consumer Law above and does not affect the rights, entitlements and remedies conferred by the Australian Consumer
2. If you are unhappy with your order, you may return the product in exchange for a product with the same or lesser Purchase Price or for store credit for the Purchase Price (less postage fees) within fourteen (14) days of purchase. Liv Lorkin Designs will not offer a refund on purchases where you have changed your mind or made an incorrect choice, whether before or after delivery, so please choose
3. If products are damaged in your possession, Liv Lorkin Designs will not be responsible for repair, replacement or refunds of the products (see clause, Risk).
4. If you receive a damaged or faulty product, you must email contemporaneous photographs to [email protected] within fourteen (14) days of purchase, unless your order is delivered after that date, in which case you must email the photographs to [email protected] within fourteen (14) days of delivery. Where Liv Lorkin Designs is satisfied of a legitimate claim, Liv Lorkin Designs will offer you the choice of: a refund, exchange (see clause, Exchange) or store credit (see clause, Store Credit) to the full value of your claim. Liv Lorkin Designs may, in its absolute discretion, agree to provide a remedy combining the above options. Refunds will be made using the same method as was used at
5. To claim your refund, exchange or store credit in accordance with this clause, you must post the product to Liv Lorkin Designs at the address nominated by Liv Lorkin Designs within five (5) days of lodging a claim with Liv Lorkin Designs. Products must be posted with a return code supplied by Liv Lorkin Designs. You are responsible for all postage costs associated with returns. Where Liv Lorkin Designs is satisfied of a legitimate claim for a damaged or faulty product, Liv Lorkin Designs will reimburse postage costs using the same method as was used at checkout. In order for postage costs to be reimbursed, you must include your postage receipt with the returned product or email a copy of your postage receipt to [email protected] on the date of posting. We recommend that you track and/or insure your delivery, as Liv Lorkin Designs will not be liable if the product is lost or damaged in transit (see clause, Risk).
6. Returned products (other than products found to be damaged or faulty by Liv Lorkin Designs) must be unopened and in their original packaging. Failure to return products in this condition will result in the products being returned to sender and a claim for any further postage costs incurred being You are responsible for all postage costs associated with such returns.
7. Once we have received a returned product, an exchange, store credit or refund (in accordance with these Conditions) will be processed within seven (7) business days. To receive store credit, you must create an account on the Liv Lorkin Designs Please ensure that you do this prior to returning your product, as a delay in creation in your account will result in a delay in processing your store credit.
8. For exchanges, store credits and refunds not processed within seven (7) business days, please follow up by email to [email protected]. You agree and acknowledge that Liv Lorkin Designs will not be liable for any delay in processing of an exchange, refund or store

 

12. Intellectual Property

1. All Intellectual Property Rights in the Website, its contents and products are owned by Liv Lorkin Designs.
2. You acknowledge and agree that all Intellectual Property Rights owned by Liv Lorkin Designs before and after this Agreement will remain the sole property of Liv Lorkin Designs and that nothing in this Agreement transfers any ownership in Intellectual Property Rights to
3. You agree not to copy, share, distribute, disclose or otherwise infringe on any of Liv Lorkin Designs’s Intellectual Property
4. Subject to the balance of this clause, Liv Lorkin Designs grants you a worldwide, non-exclusive, royalty-free, revocable license to share photographs and images of Liv Lorkin Designs’s products on social media on the condition that you credit the photograph or image to Liv Lorkin Designs by tagging Liv Lorkin Designs on the social media platform or such other method as Liv Lorkin Designs agrees to in writing. Liv Lorkin Designs’s social media handles are available on the Compliance with this condition is an essential term, any breach of which will amount to a breach of this Agreement and will entitle Liv Lorkin Designs to immediately revoke the licence and claim a remedy from you, including damages for loss or an account of profits.

 

13. Dispute Resolution

1. If a Dispute arises out of or relates to this Agreement or Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless this clause has been complied with (except where urgent interlocutory relief is sought).
2. A party to this Agreement claiming a Dispute has arisen, must give Notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the
3. On receipt of that Notice by that other party, the Parties to the Agreement must:
   1. Within thirty (30) days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   2. If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator;
   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   4. The mediation will be held in Victoria,
4. All communications concerning negotiations made by the Parties arising out of 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.
5. If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do

 

14. Privacy

Liv Lorkin Designs takes your privacy seriously and any information provided for the purpose of establishing this Agreement is subject to Liv Lorkin Designs’s Privacy Policy, which is available on the Website.

 

15. Disclaimer

1. It is your responsibility to ensure that any product you purchase is appropriate for your own use and specific situation. You must ensure that you carefully read the product title, details, description and all disclaimers before purchasing anything from the
2. To the extent permitted by law, Liv Lorkin Designs disclaims all responsibility and liability for any loss or damage, however caused, suffered by you or any other person, in relation to the Website and any products sold on the Website or
3. Liv Lorkin Designs sells candles on its Website. You acknowledge that candles present a safety and fire, hazard and injury risk. Our candles come with a safety and instruction sheet. You agree to read and abide by the safety and instruction sheet. You further acknowledge and agree that Liv Lorkin Designs will not be responsible for any loss or damage caused by your failure to read or comply with the safety and instruction sheet or other failure to exercise reasonable caution or to take reasonable steps to ensure safe use and enjoyment of the

 

16. Advice and Information

Any advice, recommendation, information, assistance or service given by Liv Lorkin Designs in relation to products sold or manufactured by Liv Lorkin Designs or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and Liv Lorkin Designs does not accept any liability or responsibility for any loss suffered as a result of your or any other person’s reliance on such advice, recommendation, information, assistance or service.

 

17. Independent legal advice

Both parties confirm and declare that:

1. they have read and understood the Conditions;
2. the Conditions are fair and reasonable;
3. they have taken the opportunity to obtain independent legal advice or, having been afforded the opportunity to obtain independent legal advice, have chosen not to do so;
4. they have been afforded the opportunity to negotiate changes or amendments to the Conditions; and
5. the Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of

 

18. Variation

Liv Lorkin Designs reserves the right, in its absolute discretion, to review and change these Conditions by updating this document. You agree that notice of the amended Conditions will be given to you by posting a copy on the Website or otherwise make a copy of it available to you, and that changes to the Conditions take immediate effect from the date of notice. Before you continue, we recommend you keep a copy of the Conditions for your records.

 

19. Severance

If any part of these Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Conditions shall remain in force.

 

20.  Termination

This Agreement may be terminated and performance of services or delivery of products cancelled at any time by Liv Lorkin Designs on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, Liv Lorkin Designs will refund any amounts paid by you in respect of undelivered products.

 

21. Jurisdiction

This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to this Agreement or Conditions, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement or Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Conditions shall be binding to the benefit of the Parties and their successors and assigns.