WILLOW TERMS & CONDITIONS

In these Terms of Service “we,” “us,” “our,” or “Willow” means Willow Ware Australia Pty Ltd (ABN 55 004 316 027).

Access to and use of this Website is subject to these Terms & Conditions and our Privacy Policy. We may modify these Terms & Conditions of Use from time to time, so please check back often. By continuing to use this Website, you are agreeing to all of these Terms & Conditions as amended.

We reserve the right to withdraw or amend this Website without notice. We will not be liable if, for any reason, this Website is unavailable at any time, or for any period of time. From time to time, we may restrict access to some parts of or the entire Website. We reserve the right to suspend, restrict, or terminate your access to this Website at any time without notice.

This Website also contains links to other websites, which are not operated by Willow (the "Linked Sites"). Willow has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we use and collect your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

COPYRIGHT AND TRADEMARKS

All text, graphics, logos, button icons, images, audio clips, videos, software, downloads, and any other content present on this Website is the property of Willow and is subject to Australian and international copyright laws. Copyrights or trademarks of Willow may not be used without our written permission.You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Without the explicit written permission of Willow, any other use of content found on this Website (including linking and framing) is strictly prohibited.

RESTRICTIONS

By using this Website, you agree that you must not:

  • Commit or encourage a criminal offence;
  • Transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • Corrupt data;
  • Use foul, threatening, or offensive language including, without limitation, defamatory, libellous, racist, sexist, ageist, homophobic, or sexually explicit language;
  • Cause annoyance to other users;
  • Infringe upon the rights of any other person's proprietary rights;
  • Send any unsolicited advertising or promotional material, commonly referred to as "spam";
  • Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
  • Use the Website for any purpose other than your personal use.


Willow may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

REGISTRATION

Where you register for any area of this Website, the following terms and conditions apply.

You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

Willow reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a cafe, university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Willow account. We therefore advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings, you may stay signed on from that device. This means that someone else with access to your device may be able to access your Willow account. You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password for your Willow account.

ERRORS AND INACCURACIES

Though it is our priority to provide you with complete, current, and accurate information, our Website may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing and availability, as well as material that is incomplete or outdated. Willow reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologise for any inconvenience that such errors may produce.

We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen. Willow is not responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.

WEBSITE ACCESS

Access to this Website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control.

RETURNS POLICY AND PROCEDURES

Please see our Returns Policy which contains important information about the return of products purchased on this Website.

INDEMNIFICATION

You agree to use this Website at your own risk and to indemnify, defend and hold harmless Willow, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms & Conditions.

DISCLAIMER OF LIABILITY

Willow makes no representations or warranties of any kind, whether expressed or implied, with respect to this Website, its content (except for the manufacturers warranties Returns Policy in respect of the products), or the information available on or through it, they are provided “as is” with all faults. Except as otherwise provided under applicable laws (and the said manufacturers warranties), Willow and our affiliates, directors, officers, employees, agents, contractors, successors, and assigns of each, will not be liable for any damages arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, along with damages for profits, business interruption, or the loss of data or information, regardless of whether we are notified of the potential for such damages in advance.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is hereby excluded (except as set out in the said manufacturers warranties). Where legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of or our liability under such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is hereby excluded (except as set out in the said manufacturers warranties). Where legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of or our liability under such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  • if the breach relates to goods; (i) the replacement of the goods or the supply of the equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
  • if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

WAIVER

Failure of Willow to take any action if you breach these Terms & Conditions shall not be construed as a continuing waiver or relinquishment of such right to take action. Willow will still be entitled to use our rights and remedies in any situation where you breach these Terms & Conditions. If any part of these Terms & Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

GOVERNING LAW

These Terms & Conditions are to be construed in accordance with Victorian and Australian law and in the event of any dispute or claim associated with these Terms & Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by using the Contact Us Form.

TERMS OF SALE

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the Website Terms & Conditions including the following Terms of Sale. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to transact with Willow you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Willow retains the right to refuse any order made by you.

When placing an order you warrant that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of goods and services may fluctuate. All prices advertised are subject to such changes.

Risk of loss or damage to the goods passes to you upon dispatch.

Our Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will promptly inform you of this and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

Payment

Upon receiving your order, a standard pre-authorisation check on your credit or debit card is conducted to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved. Please contact us if you have any questions about invoicing and payment for goods.