Terms Of Use

See our terms of use below.

Terms of use

Introduction

This Internet web site ('Site') is owned and operated by Davenport Trading Co., ACN 94 905 471 934 ('Liz Davenport'). The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may:

  • access and use the Site, including any pages or information linked to it that are owned and operated by Liz Davenport; and
  • purchase a Product or Products from Liz Davenport through the Site.

By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.

Privacy

The Privacy Policy and Security Statement form part of the Terms and Conditions.

Copyright

The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of Liz Davenport or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.

Trademarks

The mark Liz Davenport trade mark indicated on the Site, is a registered trade mark of Liz Davenport in Australia and other countries. The mark may not be used, in any way, without the prior written permission of Liz Davenport.

License

Liz Davenport grants You a limited, non-exclusive, revocable licence to:

  • access, use, and veiw our products for non commercial and personal purposes; and
  • access and use the Site solely for non-commercial and personal purposes; and
  • if You are an internet service provider, supply the Works contained in the Site to Your subscriber.

Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Liz Davenport), is strictly prohibited.

Any conduct with respect to the Works that is authorised by Clause 5.1, must include the Liz Davenport copyright notice "© 2007 Liz Davenport Pty Limited. All Rights Reserved" and any other credits, trade marks or other legal notices applicable to the Works.

Submission of material to the site

Liz Davenport may invite ('Invitation') You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), to the Site.

Upon the Invitation of Liz Davenport, You may submit Material to the Site, provided that such Material:

  • is accurate;
  • is not defamatory, obscene, threatening, pornographic, or offensive;
  • does not violate any applicable law, including communications that would give rise to criminal or civil liability;
  • does not advocate any illegal activity;
  • does not infringe the intellectual property rights of any third party;
    • does not violate or infringe the rights of any person or entity, including a person's right of privacy; or does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of,

Purchase of products

At the 'SHOP' section of the Site ('Garment Shop'), Liz Davenport:

  • advertises certain products for sale ('Product' or 'Products'); and
  • lists the price for each Product ('Purchase Price').

You can make an offer ('Offer') to purchase a Product or Products from Liz Davenport at the relevant Purchase Price, by:

  • accessing the Garment Shop;
  • selecting the Product or Products with respect to which you wish to make an Offer, and clicking the 'add to cart' button;
  •  
  • inserting the 'quantity' of the Product or Products that you require, and clicking the 'checkout' button;
  • selecting the 'Shipping Destination' that you require and clicking the 'next' button;
  • selecting the 'Shipping Method' that you would prefer and clicking the 'next' button;
  • completing the 'Customer Details' Form and clicking the 'next' button; and
  • providing your 'Payment Details' at the National Australia Bank card services ('NAB Card Services) section of the Site and clicking the 'continue' button.,

Liz Davenport is deemed to have accepted ('Acceptance') the Offer when NAB Card Services sends an email message to You, confirming that payment of the Purchase Price ('Payment') has been processed.

Payment will be processed by NAB Card Services simultaneous to Acceptance. Payment must be made by credit card (Bankcard, MasterCard, Visa, or Amex). An agreement ('Agreement') exists between You and Liz Davenport, for you to purchase from Liz Davenport the Product or Products with respect to which you have made an Offer, upon Acceptance.

The entire Agreement consists of:

  • the Offer;
  • the Acceptance; and
  • the Terms and Conditions.

Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.

If Liz Davenport owes money to You under one Agreement, Liz Davenport may set-off that money against any money that it owes You under another Agreement.

Liz Davenport will deliver the Product or Products to You:

  • at the address for delivery ('Delivery Address') provided by You in the Customer Details Form in the Offer;
  • by way of the Shipping Method selected by You in the Offer;
  • at the price ('Shipping Price') that corresponds with the Shipping Method selected by You in the Offer; and
  • within a time that is, at the discretion of Liz Davenport, feasible.

Anyone at the Delivery Address who receives the Product or Products is deemed to be authorised to receive the Product or Products.

Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.

If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, Liz Davenport will exchange ('Exchange') or issue a refund ('Refund') to You for the Product or Products, provided:

  • You return the Product or Products in new condition with the tags attached, and with all information Liz Davenport will need in order to correctly
  •  
  • Exchange the Product or Products or Refund the Payment to You (including invoice number, name, address, and your requirements);
  • to the address described in Clause 17;

within either:

  • sixty (60) days from the date the Agreement is made, if the Delivery Address is outside Australia; or
  • (ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside Australia

The Shipping Price is not refundable.

There will be no Shipping Price for any initial Exchange with respect to an Agreement.

A replacement Product or Products with respect to an Exchange will be delivered to you by way of:

  • registered post, if the Delivery Address is inside Australia; or
  • airmail, if the Delivery Address is outside Australia; or
  • courier, if requested by You (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail).

You must not:

  • engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s
  • that You have purchased from Liz Davenport pursuant to an Agreement; and
  • represent Yourself as Liz Davenport or as an agent or sub-contractor of Liz Davenport, by making any unauthorised use of any trade mark and/or copyrights owned by Liz Davenport or by any other means.

Disclaimer of warranties and limitation of liability

Liz Davenport reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.

Liz Davenport is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Liz Davenport intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided "as is", without any warranty of any kind.

The liability of Liz Davenport for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by Liz Davenport in its sole discretion:

  • in the case of a Product or Products:
  • the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or
  • the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products;and
  •  

in the case of services:

  • supply of the services again; or
    • the payment of the cost of having the services supplied again.

To the full extent permitted by law, Liz Davenport, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.

If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Liz Davenport to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from Liz Davenport, pursuant to an Agreement, through the Site.

Indemnity

You agree to indemnify Liz Davenport and hold Liz Davenport indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.

Links to third party sites

Liz Davenport makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that Liz Davenport endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.

Electronic communications

You consent to receiving communications from Liz Davenport electronically, including electronic mail or notices posted on the Site. You acknowledge that all agreements, notices, disclosures and other communications that Liz Davenport provides to You and that You provide to Liz Davenport electronically, satisfy any legal requirement that such communications be in writing.

Changes

Liz Davenport may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):

  • by electronic mail; or
  • by ordinary post to your address contained in the Customer Details; or
  • by posting on the Site.

Severability

The Terms and Conditions constitute:

The entire agreement between Liz Davenport and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and

  • part of an Agreement for You to purchase Goods from Liz Davenport through the Site, as provided for in Clause 8.6.
  • The Terms and Conditions supercede all previous, written or oral agreements between You and Liz Davenport.
  • No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.

If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.

Your indemnity and assignment of all rights in any Material submitted to Liz Davenport and the Site will survive any change to, or termination of, the Terms and Conditions.

Applicable law

The Terms and Conditions shall be governed by, and construed according to, the laws of New South Wales, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of New South Wales and, by using the Site, You hereby submit to that jurisdiction.

Address Davenport Trading Co. 109 Sterling Hwy Nedlands WA 6009 Australia

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