In GeneralIn these Terms of Service, "we", "us", "our" , “Emac and Lawton” or “Emac & Lawton” means emacandlawton.com.au and emacandlawton.com Limited.
Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Emac and Lawton will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Emac and Lawton or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Emac and Lawton and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Intellectual Property, Software and Content
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Emac and Lawton or its licensors. asSeenonScreen.comTM and Emac and Lawton.comTM are trade marks belonging to Emac and Lawton. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Emac and Lawton.
Where you register for any area of this Website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
Emac and Lawton reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
If you use multiple accounts for the purpose of disrupting the Emac and Lawton Blogs you may have action taken against all of your accounts.
If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Emac and Lawton account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Emac and Lawton account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Emac and Lawton account(s).
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Terms of Sale
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with ASOS you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ASOS retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Pricing and Availability
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
Where you order goods to the value of $1,000 or more, including where you place multiple orders that are dispatched simultaneously and arrive in Australia at or around the same time, you may be liable for GST.
As part of a promotional offer and in the interests of good customer relations Emac and Lawton will cover any incurred customs duties or similar taxes, including GST where applicable, that may be imposed on your purchase of the goods. Please note this is a promotional offer only and is subject to change. Payment
Upon receiving your order we carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
i. Returning goods if they are faulty Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Returns and Collections
If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Customer Care Team. Please include as many details as possible about the order and the problem with the goods. ii. Returning goods if you change your mind or need a different size
In addition to your rights in relation to faulty goods, you can return any goods within 28 days of receipt for a refund of those goods or to exchange it for a different size or colour. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them.
Please note that in the interests of hygiene, goods marked with a next to the product name cannot be returned, unless they have remained in their original wrapping or are faulty.
If you change your mind about the goods (including the size or colour), the goods returned must be in their original condition, which includes any packaging. For example, lamp shades are to be returned along with the original box and packaging. All goods will be inspected on return.
iii. Returns generally This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind or need a different size.
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
For Australian customers click here to download a returns label or use the label on your delivery and returns note, enclosed with your goods.
We recommend you use a postal service that insures you for the value of the goods you are returning. Please send your returned goods to:
Emac and Lawton 76 Bay Street 2019 Botany NSW 2019
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
Disclaimer of Liability
Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Emac and Lawton is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Emac and Lawton for breach of the Non-Excludable Provision is limited to one or more of the following at Emac and Lawton’s option: in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. Subject to Emac and Lawton‘s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Emac and Lawton is not liable for, and no measure of damages will, under any circumstances, include: special, indirect, consequential, incidental or punitive damages; or damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Linking to this Website
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.