TERMS & CONDITIONS

Thank you for visiting our website. This website is owned and operated by E. Daley Street Pty Ltd (ACN 637858354) trading as Land. Living. By accessing and/or using this website, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Land. Living.

Terms of Sale

Our Terms of Sale apply to anyone who purchases our products or who makes an offer to purchase our products so please read them carefully. We reserve the right to update these Terms of Sale at any time by updating them on our website.

Products on our website

Availability of products

As our products are mostly custom made, we generally have stock available. However, sometimes we run short and the availability of products on our website may be limited. We will try to include a statement on our website when we are aware that a particular product is out of stock, but we are under no obligation to do so. We reserve the right to discontinue any product at any time.

Accuracy of product descriptions

Occasionally there may be typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing or promotions. We reserve the right to correct any errors without notice.

We know that colour is important and we make every effort to display the colours and images of our products on our website accurately. However, we cannot guarantee that the display of any colour on your device screen will be accurate.

Modifications

Prices, descriptions and specifications of our products are subject to change until your order is shipped.

How do you order from us?

You may have heard of ‘offer and acceptance’. That’s legal speak for creating a contract. When you visit our website, you can review our products and if you like what you see, you can make us an offer to purchase our products for the price listed on our website (this is your order). We will review your order and if we accept it, then we have a confirmed order. In legal terms, this means we have a binding contract under which we agree to supply the product to you for the price and you agree to accept the product and pay us the price. Until we have accepted your offer, we are not legally bound to fulfil your order.

There are three steps in the process: (1) you submit your order to us (2) we confirm that we have received your order (but this is not acceptance of the order) and (3) we accept or reject your order.

Your order

When you place an order, you make us an offer for the relevant product in accordance with these Terms of Sale at the price displayed on our website. When we receive your offer, we may accept it or reject it. This means that there is no commitment by us to fulfill your order until we have accepted your offer.

You agree to provide us with current, complete and accurate personal and payment information for your order (we refer to this as “your account”). You are responsible for all orders placed through your account. You are responsible for keeping your user account id and password secure. If someone else uses these details to purchase a product from us, you will be responsible for payment for that product.

By placing your order, you agree that your order is not placed for any commercial, re-supply or reproduction purpose, to commit fraud, by using a third-party account or to harm our online systems.

Please review your order carefully before placing it. Once we confirm your order, you are unable to cancel it (unless we advise you that stock is unavailable).

If stock of a product is not available at the time you wish to order, you may still submit an order and we will contact you advising you when the product is in stock and our estimated delivery date. This email will be our acceptance of your order.

Confirmation of your order

We will send you an email confirming that we have received your order. This confirmation is not an acceptance of your order, it is simply an acknowledgment that we have received your order.

Acceptance or rejection of your order

Your order will be accepted when we send you an email confirming delivery. If you do not supply an email address, we will contact you with whatever contact information we have.

We like selling products, so we don’t usually reject orders. However, to the extent permitted by law, including the Australian Consumer Law, we are free to accept (in whole or in part) or reject your offer for any reason (or no reason). Reasons for rejecting your offer include, but are not limited to, limitations on quantities available for purchase (e.g. per person, household, order or geographic region), an error in the price or product description, problems identified by our credit department, or an error in your order. We reserve the right to limit or reject orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Cancellation of your order

Even if we have accepted your order, we may cancel your order if we are unable to fulfill your order due to events that are outside of our reasonable control (see “Force Majeure Event” below).

Payment

The prices of products on our website are displayed in Australian dollars and include GST where applicable. Payment options for products you wish to purchase will be displayed at the point of purchase during check out and are subject to change without notice. Payment does not constitute acceptance of your order, your order is only accepted when we send you an email confirming delivery. All payments must be received in full prior to dispatch. If your payment is not received or is declined by your bank or credit card issuer, your order will be rejected. We cannot and will not hold the product for you and do not guarantee that the product will be available should you try to order it again.

Delivery

Delivery and costs

Orders placed by you and accepted by us will be delivered to the address provided by you as long as that delivery address is compliant with the delivery restrictions outlined on our website. It is your responsibility to ensure that the address provided to us is correct. Once your order is ready for delivery, we may send you a tracking number via email or SMS. The delivery cost will be indicated to you during the checkout process and will have to be paid together with the product price prior to dispatch.

In purchasing a product, you agree to accept delivery of the product at the address you have nominated. We will email or text you with approximate delivery dates and times. If you are not able to accept delivery on the dates and times that we notify, you must advise us before a delivery is attempted. Any and all failed delivery attempts made by a courier will be charged to you at full price.

Delivery timeframes

We will use reasonable endeavours to meet our timeframes for delivery but they are estimates only.

However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you and we will not be liable to you for any delays.

Title and risk

We retain ownership of products you order until payment is received in full for those products. Ownership in the products passes to you on the later of our receipt of payment in full or delivery of the products to you. Risk (including risk of loss or damage) to products purchased passes to you upon delivery of the items to you. When you go through the checkout to pay for your products, you can choose whether delivery requires you to sign for the products or whether the products can be left at your chosen location without signature. If you choose not to sign on delivery, then you take the risk of the goods being damaged or stolen once we have delivered them to your chosen location.

Damaged or incorrectly supplied goods

If a product we deliver to you is damaged, you can ask us to remedy the damage (refer to “Your rights under the Australian Consumer Law”). You must contact our Customer Service as soon as possible after discovering the damage and may be asked to provide evidence (e.g. in the form of photos) to support your claim. Depending on the extent of the damage, we will repair or replace the products or provide you with a full or partial refund.

If the Product we deliver to you is not the Product you ordered or if we supply the wrong amount of products to you (either too many to too few), you must contact our Customer Service immediately. You are under an obligation to return any incorrect or excess products received, and we will arrange for the products to be picked up, unless stated otherwise.

Force Majeure

We will not be liable for any delay or non-performance of any of our obligations under these Terms of Sale and we may cancel an order which we have accepted if such delay or non-performance is caused by circumstances beyond our reasonable control.

Collection Notice

We collect personal information about you in order to respond to your enquiry, process your account registration and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at help@landhome.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, Completeness and Timeliness of Information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Promotions and Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. 

Linked Sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. We do however grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. 

No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook Marketplace or other third-party services. 

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up to date.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Payment Options

Payments are accepted through Apple Pay, Shop Pay, Goggle Pay, Stripe (Credit Card) AfterPay, or Zip Pay. All sales through this website will be processed in AUD.

We also accept payment via gift cards. Gift cards from Land. Living are purchasable and redeemable online.

Gift Cards

Land. Living Gift Cards are sold/allocated subject to the following terms and conditions:

1. Gift Cards are valid for one year from date of purchase.
2. Gift Cards can be redeemed against all products on www.landhome.com.au
3. Gift Cards are non-transferable, can only be used on www.landhome.com.au
4. May not be returned or redeemed for cash.
5. If your order total is less than the value of the Gift Card, the remaining balance will be available and can be redeemed against subsequent orders.
6. All remaining balances exceeding the value of your gift credit or store credit must be paid via an alternate payment method.
7. If you return products you have purchased using a Gift Card, the remaining balance will be credited to you as store credit and can be redeemed against subsequent orders.
8. Digital Gift Cards will be e-mailed to the purchaser once the full order has been processed and payment has been taken.
9. DALEY STREET PTY LTD is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10. DALEY STREET PTY LTD reserves the right to cancel a Gift Card if we deem such action necessary.
11. Sales tax and shipping is applicable on any products purchased with a E. DALEY STREET PTY LTD Gift Card.

Promotional Codes

All promotion codes are non-transferable and there is no cash alternative. No more than one promotional code can be applied at checkout or to an order. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. E. DALEY STREET PTY LTD reserves the rights to cancel or refuse the usage of any promotional code at any time.

All promotional codes must be applied at checkout and cannot be applied to any previous or retrospective orders. We have the right to refuse use of any promotional code for any reason. The times of use will be outlined in the marketing material, the code cannot be used outside of this time.