Terms of service
Terms and Conditions
Welcome to https://alinaparisdesigns.com/ (our Site).
Our Site gives you an opportunity to browse and purchase Products offered by Alina Paris Designs Pty Ltd (ACN 675 120 322) (we, us, our).
These Terms and Conditions (Terms) govern your use of our Site and our Products, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at contact@alinaparisdesigns.com before using our Site and buying our Products.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
1 DEFINITIONS
1.1 Aesthetic Discrepancies means variations that may arise between the portrayal of our Product Images, any print images and the real-life appearance of our Products. Such discrepancies may include but are not limited to: colour, finish and overall look and feel.
1.2 Account means the account you may create with us in order to purchase the Products on our Site.
1.3 Delay Event means any event beyond our reasonable control which leads to a delay in the delivery of the Products to you.
1.4 Deposit means the 20% deposit you are required to pay us upfront in relation to your Order(s), and in accordance with the terms of our Layby Policy.
1.5 Estimated Delivery Date means an estimated delivery date we provide you at the time you place an Order on our Site.
1.6 International Shipping Cost means the shipping cost associated with shipping the Products to you where you are located outside of Australia and is equal to $30 AUD.
1.7 Instruction Care Manual means the instruction care manual provided to you in relation to the Products and is freely available on our Site.
1.8 Invoice means the invoice we issue to you after you place an Order.
1.9 Layby Policy means the layby policy outlined in clause 13 of these Terms.
1.10 Order means the order you make in relation to the Products.
1.11 Order Confirmation means the acknowledgement of your Order which is issued to you.
1.12 Products means:
(a) resin vases in the shape of handbags; and
(b) any other Products offered by us in the future.
1.13 Product Images means the images displayed on our Site which are used in connection with the promotion and sale of the Products on the Site.
2 ACCEPTANCE OF TERMS
2.1. By browsing, accessing, purchasing, or using the Products offered on our Site, whether or not you have purchased or engaged our Products either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them, and all our other policies.
3 VARIATIONS TO TERMS
3.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
3.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
3.3 The updated Terms will be taken to have effect on the date of publication.
3.4 Your continued purchase of our Products and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
3.5 Should you object or disagree to the Terms, your only remedy is to contact us at contact@alinaparisdesigns.com and immediately discontinue your use of the Products.
4 GENERAL DISCLAIMER
4.1 We offer a number of Products on our Site from time to time.
4.2 You acknowledge and agree that each Product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those Products.
4.3 We provide the Products on an “as-is” and “as available” basis and whilst every effort is taken to ensure the content provided and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content and the Site for any purpose.
4.4 It is your responsibility to independently verify the information made available on the Site.
4.5 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Site or the Products offered on the Site.
4.6 Any testimonials and examples of our Products, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
4.7 We make no warranty, representation, or guarantee regarding the suitability of our Products for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any our Products. It is your responsibility to independently determine suitability of any Products and to test and verify the same.
4.8 You acknowledge and agree that each Product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those Products.
4.9 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of Products.
5 PRODUCT SPECIFIC DISCLAIMERS
5.1 We make no representations that we are affiliated, endorsed and/ or associated with any brand(s) beyond our own (unless we explicitly state the contrary). The sale and promotion of our Products online or elsewhere should by no means be construed as such affiliation, endorsement and/ or association in any capacity.
5.2 Whilst we exercise reasonable care in ensuring our Product Images are accurate, you accept that there may be Aesthetic Discrepancies which we cannot account for in our Product Images and may arise from your own usage of certain screens and/ or desktops to view our Site and Product Images.
5.3 You also understand that due to the Products being made with resin, every Product we supply will be different in colouring and finish.
5.4 You acknowledge that you have read and familiarised yourself with our Instruction Care Manual, and we are not liable to you for your failure to do so. You also acknowledge and accept that we are not liable to you for any improper use of the Products, including where you are using the Products in a manner which is inconsistent with the Instruction Care Manual. Without limiting the generality of this clause, this includes:
(a) where you carry the Products via the handle and this causes the Product to crack and/ or break; and
(b) where you clean the Products with hot water as opposed to cold water.
5.5 You understand that there are risks associated with the use of our Products, which include and are not limited to: serious injury, damage to personal property or death. We are not liable to you for any injury or loss sustained, except as provided for under law.
5.6 We exercise our reasonable best efforts to ensure that the Products we deliver are properly packaged in order to prevent any breakages occurring in transit to you. As a result, we may elect to photograph your Order prior to delivery. Should your Product break and/ or crack during transit or after delivery, we will not be liable to you except to the extent permitted under law.
5.7 You understand and acknowledge that any Estimated Delivery Date we provide you is an estimate only. You accept that we are not liable to you for any loss sustained to you by reason of any delay or failure to fulfill an Order which is beyond our reasonable control. Without limiting the generality of this clause, this includes:
(a) where there are unexpected delivery delays;
(b) where there are unexpected manufacturing delays; and
(c) any other Delay Event beyond our reasonable control.
5.8 While we exercise reasonable care in providing accurate information regarding our Product dimensions, you understand that any dimensions we provide on our Site are approximations only, and there may slight variations between the Products we provide you and our listed dimensions on our Site. You acknowledge that such variations may be the result of the materials we use and/ or the manufacturing process.
6 REGISTERING YOUR DETAILS
6.1 Before you purchase our Products, we may ask you to register an Account.
6.2 You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
6.3 We may at any time request a form of identification to verify your identity.
6.4 If you are a registered user or member to this Site, you acknowledge and agree that:
(a) you are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
(b) you will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
(c) you will immediately notify us if your Password is lost or becomes known to any other person;
(d) you are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
(e) any information you provide to us for posting or inclusion in our community, at any time, becomes our property.
6.5 To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.
6.6 You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
6.7 You will not let any other person use your Password.
7 ORDER PROCESS AND ORDER CONFIRMATION
7.1 When you submit a request for an Order, you will be directed to checkout. Following which, you will be directed to make payment. We will then provide you with an Order Confirmation.
7.2 Any Order you submit via our Site is subject to our acceptance of your Order and the availability of the Products at that point in time.
7.3 You understand that until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.
7.4 You must pay for Product at the time you place your Order through our Site and we will deduct all amounts owing at the time of processing your Order at checkout.
7.5 We will send you an Order Confirmation after you have placed your Order in order to confirm that have received your Order. You accept that this Order Confirmation is not to be construed as an acceptance of your Order.
8 ONLINE STORE AVAILABILITY AND PRICING
8.1 We may withdraw and/or re-offer any item listed for sale on this Site, including through any means of access to the Site (websites, domain names, URLs, landing pages and/or any other medium) if the item:
(a) becomes unavailable; or
(b) was incorrectly described or listed.
8.2 We will inform you, as soon as is reasonably practicable, if a Product you have Ordered is unavailable.
9 PRICES
9.1 All prices for our Products are in Australian Dollars (AUD).
9.2 All prices for our Products are as displayed via our Site.
9.3 All prices are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
9.4 All prices are subject to change without notice.
9.5 We reserve the right to modify, cancel and limit any Product offering at any time.
10 PAYMENTS
10.1 Invoices and receipts for any of our Products are automatically generated to the email address entered at the time of purchase or as registered on your account. Invoices and receipts can otherwise be requested at any time by emailing contact@alinaparisdesigns.com.
10.2 Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
(a) You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
(b) If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
10.3 We reserve the right to suspend or terminate any Product delivery, at our discretion, if payment is defaulted.
10.4 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
11 SHIPPING
11.1 We ship our Products across Australia and internationally.
11.2 If you are based in Australia, the cost of shipping is included in the price of the Products. We will endeavour to have your Order fulfilled within 2-3 business days.
11.3 If you are based outside of Australia, you will be required to pay the International Shipping Cost. We will endeavour to have your order fulfilled within 2-3 business days.
12 REFUNDS
12.1 Refunds are not provided for our Products, unless as required under the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
13 LAYBY POLICY
13.1 We may, from time to time, offer you the option to purchase our Products on a layby basis in accordance with our Layby Policy as set out in this clause.
13.2 The terms of our Layby Policy are as follows:
(a) our layby period lasts for 3 months;
(b) you are required and agree to make a Deposit;
(c) you are required and agree to make the remaining payments to us every 30 days; and
(d) should you wish to cancel the Order, you agree that you forfeit the Deposit.
14 YOUR OBLIGATIONS
14.1 During the delivery of our Products, you agree to:
(a) respond promptly to our communications in relation to the Products;
(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to provide the Products to you; and
(c) act in good faith.
14.2 When providing our Products, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our Products to you. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.
15 CONFIDENTIALITY
15.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c) where the disclosure is expressly permitted under these Terms or is required to give effect to these Terms;
(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(e) where the disclosure is required for use in legal proceedings regarding these Terms; or
(f) if the party to whom the information relates has consented in writing before the disclosure.
15.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.
15.3 Definitions
Confidential Information of a party means all information (in any form):
(i) relating to or arising from the supply of the Products;
(ii) that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); and
but does not include information that:
(iii) is or becomes independently developed or known by a party through no breach of these Terms by that party; or
(iv) becomes publicly available, without breach of these Terms;
15.4 This clause survives termination or expiry of these Terms.
16 COPYRIGHT AND TRADE MARK NOTICES
16.1 All material on this Site, or otherwise delivered by us via the supply of our Products, including (but not limited to) templates, information, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce it. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
16.2 You acknowledge that you do not acquire any ownership rights by using the Site or our Content.
16.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
16.4 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any our Marks without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of our intellectual property rights.
17 RIGHT TO SUSPEND, TERMINATE AND REFUND
17.1 If you have breached these Terms, we may at our sole discretion, bar, suspend or terminate your access or use of the Site on a permanent or temporary basis.
17.2 If this occurs, you must not access or attempt to access or use the Site during the period of your bar, suspension or after termination.
18 NON-EXCLUSIVITY
18.1 You acknowledge and agree that we may at all and any time provide our Products to other customers in the same or similar industry as you.
18.2 We do not provide our Products on an exclusive basis.
18.3 We will however endeavour to protect the confidential information you provide us and in accordance with our Privacy Policy.
19 DISCOUNTS, PROMOTIONS AND OFFERS
19.1 From time to time, we may offer the opportunity to purchase our Products at a discounted or promotional price, subject to these Terms.
19.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
20.1 We provide our Products on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms to the maximum extent permitted by Law.
20.2 Without limiting the generality of clause 20.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Products.
20.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Products under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
20.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.
20.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Products or the payment of the cost of resupply.
20.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
20.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.
21.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our Products;
(b) any claim made against us or you by a third party arising out of or in connection with the provision of our Products and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any fees on time;
(d) the circulation, distribution or publication of any information or materials provided by you being contrary to Law;
(e) any reliance by you or a third party on our Products on any advice or information provided in connection with the provision of our Products and/or these Terms; and
(f) the enforcement of these Terms.
21.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
21.3 We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by purchasing our Products.
21.4 This clause survives the termination of this agreement.
22 NO DISPARAGEMENT
22.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of, or, is in any respect a disparaging remark or representation about us and/or any of our Products nor any statement that is false and does or has the tendency to damage our reputation by any method including but not limited to any social media platform or review website anywhere in the world.
22.2 Should you breach this clause, you hereby indemnify us in accordance with clause 21 above.
23.1 We will not be in breach of these Terms or liable to you for any Loss that you may incur as a direct result of our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
23.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
23.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
23.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
23.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
23.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
24 LINKED WEBSITES, AFFILIATES OR SPONSORS
24.1 Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
24.2 As affiliates of certain products we may also receive compensation for recommending, endorsing or promoting products as featured on our Site or in the course of delivering our Products. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products which are not our own.
24.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
25 SEVERABILITY
25.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
26 NO ASSIGNMENT
26.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
26.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
27.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
28 BINDING ON SUCCESSORS
28.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
29 DISPUTE RESOLUTION
29.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
29.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
29.3 In the case of claims against us, all notices are to be provided to contact@alinaparisdesigns.com.
29.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
29.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
29.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
29.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
29.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
29.9 This clause survives termination of these Terms.
30 APPLICABLE LAW
30.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.
31 YOUR FEEDBACK
31.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
31.2 If you have questions or comments regarding this Site or our Products, please email us at contact@alinaparisdesigns.com.
© Progressive Legal Pty Ltd – All legal rights reserved (2024). These Terms were last updated in April 2024.