LEGAL TERMS

LOTT STUDIO LEGAL TERMS - MARCH 2018

 

PURCHASE TERMS
When placing an order from us (Lott Studio ABN 29 559 589 848), you, the customer are making an offer to purchase goods or acquire services subject to the terms below. Orders are subject to availability and confirmation of price at the time of purchase. Lott Studio reserves the right to accept or reject an order for any reason at any time.

PAYMENTS

  1. Upon ordering in store or online, [100%] of the goods or service is required with the exception of custom work which follows the deposit and balance payment terms as outlined in [2.] below.
  2. Upon ordering, [70%] of the cost of the goods or services is required as a deposit to cover costs of Lott studio in designing, testing and preliminary work. The deposit is not refundable or transferable to other orders for change of mind. The balance of the price must be paid upon Lott Studio notifying the customer that the goods are ready for collection.
  3. Lott Studio has a repairer’s lien over any goods left in its possession to secure payment of monies owing to it.

CUSTOMER SUPPLIED ITEMS

  1. Metal, pieces, stones, jewellery and other items (materials) are accepted by Lott Studio at the risk of the customer.
  2. The customer accepts responsibility for maintaining insurance cover for loss or damage to the  materials and will ensure that the insurance includes a waiver of all claims against Lott Studio.  
  3. While Lott Studio will take reasonable care of the materials while within its possession, the customer waives all rights against Lott Studio and releases Lott Studio from all liability, if the materials are lost or damaged for reasons beyond Lott Studio’s reasonable control.
  4. The customer acknowledges that stones and metal in the materials may have deteriorated with time or may have unanticipated flaws or defects which are not apparent on initial examination (inherent defects).
  5. The customer accepts that incidents may occur in manufacturing, repairs, resetting, cleaning or servicing of the materials which are not reasonably foreseeable and not caused by any fault of Lott Studio (incidents).  
  6. In the case of inherent defects or incidents leading to loss or damage, the customer accepts responsibility for the cost of rebuilding settings, replacing stones or other work to fix the materials or address the incident.
  7. The customer consents to testing and valuation of the materials and agrees that a valuation obtained by Lott Studio will be conclusive as to the value of the materials for any claims.

CUSTOMER ACCEPTANCE OF GOODS

  1. Upon receipt of the goods, the customer must inspect them and immediately notify Lott Studio in writing if there are any defects or if they fail to be of acceptable quality or they failed to meet any written specifications accepted by Lott Studio.
  2. Having regard to the artistic nature of the products and variations in materials, any specifications in relation to the goods must be regarded as approximate only and if the customer approves any sample, design or description of the goods, this is on the basis that the customer will accept minor variations to the end product.

FAULTY AND DAMAGED GOODS

  1. While we make every attempt to ensure your goods arrive in undamaged condition, occasionally this does not happen. You must contact Lott Studio at info@lottstudio.com.au or 0422 633 717 within 48 hours of receiving the goods to advise us that they are in damaged or faulty condition. We will then provide the postage details for the return of the faulty or damaged goods, which will be at no charge to you.

 

 

ENTITLEMENT TO REFUND

  1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a 
  2. replacement or refund for a major failure and for 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.
  3. Please note, stones may show natural discolouration or other natural variations that are not manufacturing or quality defects. Lott Studio’s decision regarding minor problems is final.
  4. If you choose to receive a refund for goods with major defects/unacceptable quality, we will endeavour to process that refund within 14 days of receiving the goods, subject to any bank processes.
  5. Refunds are not available for a change of mind.
  6. If you elect to receive a replacement for goods with major defects/unacceptable quality, those items will be sent to you as soon as practicable after we receive the returned goods. If we are out of stock of any replacement item, or that item has been discontinued, we will endeavour to contact you to discuss the matter.
  7. If the item is discontinued, we may suggest alternative goods as a replacement. If you decide to accept an alternative item, you must pay any additional costs over the cost of the returned item, or if the cost of the alternative item is less than the returned item we will refund the difference to you.

PROMOTION AND SALE ITEMS

  1. From time to time, we may offer certain goods as “promotion” or “sale” items (Promotion Items) with a discounted price. Often, Promotion Items contain minor flaws or damage.
  2. You acknowledge that, by purchasing a Promotion Item, you accept that the Promotion Item is sold “as is” and that the discounted price of that item fairly reflects any flaws or damage it may contain. Therefore, Promotion Items are not eligible for refund or replacement, other than as required by law (such as in the case of an obvious manufacturing fault).
  3. Purchases of Promotional Items is limited to 1 per item per purchaser unless we indicate otherwise.

EXCLUSION OF LIABILITY DISCLAIMERS

  1. Other than in relation to consumer guarantees where liability cannot be limited or excluded, Lott Studio will have no liability to the customer for any loss of, or damage to goods, or failure in the provision of, or inadequacy of, services and all other conditions or warranties that may be implied by common law or statute are excluded.
  2. Lott Studio will use its reasonable endeavours to complete or deliver the goods by the estimated delivery date and will not be liable for any losses arising from late or part delivery of the goods.  Later delivery of the goods does not entitle the customer to cancel any order.