HAPPY JO DESIGNS - TERMS AND CONDITIONS ONLINE PURCHASE
This online platform (Platform) is operated by Johanna Constable trading as Happy Jo Designs [ABN 46 925 081] or its successors and assignees (we, our or us).
It is available at: www.happyjodesigns.com.au; www.pilanky.com.au; www.pilanky.com and www.happyjo.com.au (Website).
You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, such as the purchase of goods.
When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your order which will be an acknowledgement only and will not constitute acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail that the goods in your Order have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If you make more than one Order a new contract will be created each time you place an Order.
Pricing and accuracy
Whilst we try and ensure that all details, descriptions and prices, which appear on the Website are accurate, errors may occur. If we discover an error in any information on the Platform (including the way goods are priced) we will correct the error as soon as we are reasonably able to. This applies to availability of certain online products and fabric types. If there is a delay with your order or unavailability, we will notify you as soon as we are able.
The pricing of products and services on the Platform is subject to change, without notice, at our discretion.
While we use our reasonable commercial endeavours to ensure the images used on the Platform are representative of the style, colour and texture of a product, the product may vary from the image displayed when delivered due to computer monitor/ mobile device settings and other external factors beyond our control such as fabric dye lots and the like. We cannot guarantee that the style, colour, texture or size of the product will match that which you see on (or perceive from) the Platform.
Fees and Payments
(a) It is free to register an Account on the Platform.
(b) Any payments will be made through our third party payment processor or by any other payment method set out on the Platform.
(c) To the extent permitted by law, our service fee is non-cancellable and non-refundable.
(d) We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.
(e) If you choose to pay by bank transfer, your Order will not progress or be accepted until payment is made and cleared in our bank account.
(a) If we provide you with a Coupon Code to obtain a discount on the Website, this discount is only available on the product and does not apply to the postage.
(b) Coupon Codes are limited to one time use per customer, unless explicitly specified.
How to Order
You can order on the Website by selecting the fabric option for the Pilanky and the quantity then click ‘Add to Cart’. You will be guided through the checkout and payment process via our third party payment system.
You can also order by phone or email and tell us which items you would like. Our Telephone number is 1300 PILANKY or 1300 745 265 and our email address is firstname.lastname@example.org. Please do not include your credit card details in any order, as we cannot guarantee the security of email. We suggest you phone us or provide your number so we can phone you to take credit card payment over the telephone. If you do include credit card details in your email order we will not be held liable for any third party interference.
When you order, we will send you an email confirmation of order setting out the item(s) you have ordered. It is important that you check the order confirmation email carefully to ensure that the order is correct. If there are any errors in the order confirmation email, please let us know immediately at email@example.com so we can amend the order for you to ensure you receive the product you intended sent to the correct delivery address.
Delivery of your Order
When delivering a product purchased on the website we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers, with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.
You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then a card that we, or our delivery company, will leave at the delivery address will notify you, generally. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund.
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch of the goods from us.
We display shipping information and prices on our website at the time of check out. However, this information may be updated from time to time and changed at our discretion. You should check these terms for updated information each time you decide to place a new order. Shipping will vary between Australian and International destinations.
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
For non-delivery of goods, please notify us by email as soon as possible.
Note that shipping fees for prints will be available on the website, however shipping fees for commissions and larger pieces are available on application.
We ship anywhere within Australia.
Currently we also ship to the following international destinations: United States of America, United Kingdom and New Zealand.
If you require express post or faster than standard delivery, you will need to contact us and pay any additional fee required.
Receipt of goods
You must inspect the goods within 7 days of arrival at your shipping address or as otherwise agreed, and if the goods are damaged, then you must give notice and send a photo of the damaged goods to us within 24 hours of receipt of the goods (Notice). If you fail to give Notice within this time period, the goods are deemed to be in accordance with the specified requirements. All defective goods must be returned to us within a reasonable time in full with their accompanying packaging. You will be liable for the postage and the safe return of the items to us where the goods are to be returned to us. However we may, at our discretion, choose to refund you for the packaging in the case of faulty items.
This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.
Refund and Cancellation Policy
Please choose carefully. We do not give refunds if you change your mind or make the wrong decision.
Once you have ordered on the Platform and we have commenced production of your customised item, we cannot accept a refund for change of mind or incorrect sizing. You must check dimensions of the Product at the time you order.
If we have made a spelling error or some other error in manufacturing your customised order, please let us know as soon as possible and we will endeavour to work with you to correct any errors caused by us.
Our refund and cancellation policy is governed by the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth). In this regard, note that guarantees will not be available where you have:
misused a product or in any way caused the problem;
changed your mind;
knew or was made aware of faults in a product before you purchased it; or
plan to on-sell or change the product so you can re-supply it as a business.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of us or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites
Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Limitation on Claims
We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
Our liability for failure to comply with a consumer guarantee is limited to:
in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply); and
in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
In all other respects, our total liability for loss or damage of every kind, whether:
arising pursuant to the terms of service; or
arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
This clause will survive the termination or expiry of these Terms.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Severance: These Terms are severable. If any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from without affecting the validity or enforceability of the remainder of that provision or the other Terms.
Governing law: The laws of New South Wales govern these Terms and your Order. You irrevocably and unconditionally submit to and dispute being heard in the courts operating in New South Wales, Australia.
Entire Agreement: These terms constitute the entire agreement between you and us.
For any questions and notices, please contact us at:
Happy Jo Designs [ABN 46 925 081]
Last update: 15 January 2020