These are the Terms of Sale of Alexa Lane Studio Pty Ltd trading as Alexa Lane (ABN 39 955 840 684) (“Alexa Lane”, “we”, “us”) on our website located at https://www.alexalane.com.au, which is owned and operated by us (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

2. PAYMENT

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

We currently accept payments by credit card types as shown, PayPal, AfterPay, ZipPay, and Hmm. We are unable to process any other payment form.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal, AfterPay, ZipPay, or Hmm), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

3. SHIPPING AND DELIVERY

We ship products within Australia and Internationally. We use delivery service providers to help us get our products to you.

a) Rates

You agree to pay to us shipping fees as calculated at checkout.

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your shipping costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

b) Dispatch Timeframes (order processing times)

As all our products are personalised, orders are generally dispatched within 10 business days of receipt of payment.

Once an order is processed, we’ll do our best to dispatch orders as soon as possible.

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.

You acknowledge that we’re not liable for any delay in dispatch of your order.

Please note that we do not provide updates for your order during the processing time unless requested. If you have any queries or concerns, please contact hello@alexalane.com.au

c) Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. You will receive shipping tracking information by e-mail once your order has been shipped.

Shipping within Australia

As a guide, your orders should arrive within 2-7 business days, unless advised otherwise.

International Shipping

As a guide, your orders should arrive within 7–18 business days, unless advised otherwise.

d) Delivery Address

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.

Shipping within Australia

In the instance where a shipment is returned to us due to the incorrect address being supplied, or the item not being collected from a post office in time, a fee of $19.95 will be charged to reship the package. Australia Post charges Alexa Lane a $10 return package fee on every returned item. The additional $9.95 is to cover the express post fee to reship the order.

International Shipping

We are not responsible for any additional fees associated with your purchase, such as duties and customs brokerage. Due to circumstances beyond our control, some orders may be delayed in transit.

e) Orders Lost in Transit

When we dispatch your order, we will give you a tracking code for you to track the progress of your order.

If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

f) Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

4. RETURNS, EXCHANGES & REFUNDS

Unfortunately, we are unable to accept returns, exchanges or refunds for change of mind purchases on personalised products so please ensure you choose carefully before ordering. This includes incorrect date, spelling errors or incorrect sizing submitted by you at the time of purchase.

If your goods are damaged or defective in any way on delivery, please contact us hello@alexalane.com.au as soon as possible to arrange a suitable remedy, exchange or refund within 14 days. Your email to us must disclose the fault in the item, demonstrates a failure, must include photographic evidence, and must supply proof of purchase (order number).

Postage cost to return the product shall be covered by the you the customer.

In the event that the item to be replaced has sold out and cannot be replaced, a full refund will be issued on the original purchase price.

5. EVENTS BEYOND OUR CONTROL

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

6. DISCOUNTS AND COUPON CODES

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

7. GIFT VOUCHERS

We sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our website.

It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient. Vouchers will not be replaced or duplicated if the voucher is lost or redeemed by a person other than the intended recipient.

Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.

Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.

Voucher Expiry

Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date.

Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

8. ADVICE AND INFORMATION

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

9. AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also 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.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

• replacement of the product;
• repair of the product;
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us at hello@alexalane.com.au

10. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

11. VARIATION

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

12. SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

13. TERMINATION

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

14. JURISDICTION

As we are based in Queensland, these terms will be governed by the laws of Queensland. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland and courts of appeal from them.

This document was last updated: 24/09/2020