Terms and Conditions
GENERAL CONDITIONS FOR USE OF THIS WEBSITE.
In the context of this website, “we”, “our” and “us” means I Luv Lollies and “you” and “your” means you, the user or customer of this website.
The use of the term “product” includes the plural “products”.
Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.
CHANGES TO TERMS
Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.
CHANGES TO PRODUCTS
We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.
We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
All depictions contained on the website are for illustration purposes only. Because of differences in picture inks, computer monitors and printer ink, colours of the actual product may vary slightly from those observed.
Additionally, as all products are made in batches, we cannot guarantee the exact colour of the lollies will match the website. We will not refund for small, expected variations in colour.
We reserve the right to substitute any product that is out of stock with the closest product available.
All prices are in Australian Dollars.
The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.
We always seek to provide products at the most competitive prices, and reserve the right to change prices displayed for products on our website at any time.
Coupons: *All coupons exclude shipping and sale items.
NO RETURN OR EXCHANGE ON SALE ITEMS
We offer no exchange, returns or refunds on sale items.
You must be at least eighteen (18) years of age to place an order with us. We do does not knowingly accept orders from anyone under 18.
By placing an order with us through this website you acknowledge that you are over eighteen (18) years of age.
Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website you and we consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. You and we agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.
This website may:
Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
Request your browser to transmit this data back to the web server; or
INTELLECTUAL PROPERTY RIGHTS
Material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this website, without obtaining our prior written consent.
Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.
To purchase from us you can establish an account on this website.
We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions.
It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non-delivery of the product.
You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. We do not store credit card details.
CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
You can place an order only by clicking the “Add to Cart” button.
When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions.
We will issue you with an Order Number by email after we have received your offer to purchase.
We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
We accept payment through direct debit which accepts all major credit cards (Visa and MasterCard). We also accept payment through AfterPay, Zip Pay & PayPal.
Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for orders placed on a weekend or a Public holiday will not begin until the next working day.
We do not accept international credit cards, we accept Australian credit cards only.
We process Credit cards payments when you checkout from the product order screen.
We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
PASSING OF PROPERTY
Property in the product passes to you upon receipt of the product by you.
Statutory Conditions and Warranties:
I Luv Lollies provides a voluntary warranty and applies the Conditions and Warranties required by law.
For all products sold, I Luv Lollies provides conditions and warranties contained in the Commonwealth Trade Practices Act 1974.
The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.
If the product does not fulfil any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.
Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.
Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to I Luv Lollies and you including any costs involved.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide athttp://www.accc.gov.au/content/index.phtml/itemId/322947.
Exceptions: I Luv Lollies do not provide a refund, credit or exchange if:
You have damaged the product by using it in a way, other than how it was meant to be used.
You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty.
Voluntary Warranty Policy
All products sold by I Luv Lollies have a “dead on arrival” (DOA) warranty. This means that if the product is damaged during delivery and a claim is made within 2 days from first attempt of delivery, I Luv Lollies will replace or repair the product at our discretion and our cost. If I Luv Lollies have no further stock of the item and it cannot be repaired I Luv Lollies will replace it with a similar product or offer you a full refund.
If the damage is discovered outside the 2 day period, contact Customer Service who will determine whether circumstances are such that you can still proceed with a claim.
This warranty does not apply to damaged packaging only and does not detract from your statutory rights.
Manufacturers Voluntary Warranty
Many of the products supplied by I Luv Lollies are covered by a Manufacturers voluntary warranty.
The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website.
For some products it may be more efficient for you to contact the manufacturer rather than I Luv Lollies. This is particularly so for electronic equipment.
A manufacturers warranty does not detract from your statutory rights.
Making a Claim
To make a claim you must
Provide us with a copy of your tax invoice or similar proof that the item was purchased from us.
Describe accurately the problem you have encountered and provide evidence (eg a photograph) to support your claim
State whether you are requesting a replacement, repair, refund or credit
Return of Product for Warranty Claim
We will not accept the return of a product without approve from our Customer Service Team. Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product.
We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by Customer Services.
Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.
Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.
Refunds or credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by cheque, EFT or a credit to your account. Refunded amounts must be over $15, if the refund is under this amount a credit note will be issued. Credit notes have a 12 month expiry. No refunds are given to wholesale customers instead credit notes are issued, they have no expiry and can be used with the next order.
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non-warranty claim is granted the replacement will be delivered to you at your expense.
I Luv Lollies Online Affiliate Program Terms of Service
By signing up to be an Affiliate in the I Luv Lollies Online Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
I Luv Lollies Online reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. I Luv Lollies Online cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own I Luv Lollies Online product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to I Luv Lollies Online. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the I Luv Lollies Online. You must ensure that each of the links between your site and the I Luv Lollies Online properly utilizes such special link formats. Links to the I Luv Lollies Online placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a I Luv Lollies Online product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.iluvlollies.com.au and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a I Luv Lollies Online Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of I Luv Lollies Online or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.iluvlollies.com.au, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. I Luv Lollies Online reserves the right to end the Program at any time. Upon program termination, I Luv Lollies Online will pay any outstanding earnings accrued above $20.
I Luv Lollies Online, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other I Luv Lollies Online service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. I Luv Lollies Online reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the I Luv Lollies Online will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of Australia, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of I Luv Lollies Online to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and I Luv Lollies Online and govern your use of the Service, superceding any prior agreements between you and I Luv Lollies Online (including, but not limited to, any prior versions of the Terms of Service).