1. General
These are the terms and conditions referred to in the purchase order. The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.
2. Quality
The goods delivered under this Agreement shall be of normal quality. Any description of such goods on this web-site has been given by way of identification only and the giving or use of such description shall not constitute a sale.
3. Packaging
Goods must be packed with the minimum of packaging material so as to ensure its safe delivery. Environmentally friendly packaging material shall be used wherever practicable.
4. The Order
Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
The order shall not be deemed to be complete until payment is made by you and the proceeds cleared for the use by wishing you well. Your contract with Wishing You Well only comes into existence when wishing you well forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to wishing you well that you are able to make a legally binding contract.
5. Acceptance of Order
Wishing you well reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. This contract shall be governed by and construed in accordance with the law in effect in the State of NSW Australian and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.
6. Complaints
You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to wishing you well if the goods are not in accordance with specified requirements.
If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by wishing you well within seven (7) days after receipt of goods by you.
The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
7. Insurance
Ownership and property in the goods delivered shall pass from wishing you well to you when wishing you well accepts your offer and begins the delivery process. You may wish to cover this risk by insuring the goods.
Wishing you well shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and wishing you well shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Wishing You Well in respect of any such use wishing you well is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by wishing you well for the consequences of the use of damaged goods by you.
Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of wishing you well implied by the Goods Act, 1958.
8. About this website
This website is owned by Luseq2 Pty Ltd (ACN 116 641 297) trading as wishing you well (ABN 67116641297) (“wishing you well“).
9. About these terms of use
The website “terms of use” and the associated Privacy Statement “privacy policy” govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.
Wishing you well may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.
Wishing you well does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of wishing you well.
Wishing you well does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
10. License and Ownership
The copyright for the content on this website is owned or licensed by wishing you well and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of wishing you well .All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of wishing you well.
11 Privacy Policy
Wishing You Well’s privacy policy governs the use of information collected from or provided by you at the website. Details are available at http://www.wishingyouwell.myshopify.com/pages/privacy-policy.
12. Disclaimer of Warranties
Wishing You Well makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
13. Limitation of Liability
If wishing you well is found responsible for any damages, then wishing you well is only responsible for actual damages. In no event shall wishing you well, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
