Customer Terms and Conditions
ZIGGY LOU AUSTRALIA PTY LTD
CUSTOMER TERMS AND CONDITIONS
1. DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.
Customer means the individual, business, company or entity, jointly and severally if there is more than one, acquiring Goods from Ziggy Lou. A reference to “You” also means the Customer.
Goods means the goods offered for sale by Ziggy Lou to the Customer from time to time on the Ziggy Lou website.
GST means Goods and Services Tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time).
Insolvency Event means the happening of any of the following events in relation to the Customer:
a. being a company, the appointment of an administrator or controller (within the meaning of section 9 of the Corporations Act 2001 (Cth)) or receiver or provisional liquidator or liquidator over the relevant company, the directors of the relevant company resolving that the company be wound up, the making of an order of a Court that the company be wound up or the company being deregistered for any reason or anything analogous to or having a similar effect under the law of any relevant jurisdiction; or
b. being an individual, the appointment of a trustee or controlling trustee (within the meaning of the Bankruptcy Act) over the affairs of the person, or the person being an insolvent under administration (as defined under the Corporations Act 2001 (Cth)).
Order means placing an order for one or more Goods.
Terms and Conditions means these Terms and Conditions which incorporate our Privacy Policy found https://ziggylou.com.au/policies/privacy-policy, our website terms and conditions found https://ziggylou.com.au/pages/terms-and-conditions , our Customer FAQ’s found https://ziggylou.com.au/pages/faq and other documents referred to within these Terms and Conditions.
Ziggy Lou means Ziggy Lou Australia Pty Ltd (ACN 668 224 440) of Level 20, 181 William St, Melbourne VIC 3000.
2. BASIS OF CONTRACT
a. Ziggy Lou will supply the Goods to the Customer subject to these Terms and Conditions unless otherwise specifically agreed in writing between Ziggy Lou and the Customer. These Terms and Conditions apply to the exclusion of any other agreement or conditions of purchase or other terms that the Customer may submit with an Order or otherwise to Ziggy Lou.
b. By browsing, accessing, using the Ziggy Lou website, creating an account or placing an Order you agree to be legally bound by these Terms and Conditions.
c. Ziggy Lou may update these Terms and Conditions from time to time.
3. ORDERING OF GOODS
a. The Customer will order Goods from Ziggy Lou direct from the Ziggy Lou website.
b. Customers who want to place an Order will be shown the price at the checkout and this price will be the price for the Goods (including GST and any delivery costs) irrespective of any other price show on the website or advertised elsewhere.
c. The Customer is solely responsible for providing accurate delivery details when placing an Order.
d. The Customer must pay for the Order at the time of placing the Order. If the Customer selects a third party payment provider then the Customer is solely responsible for complying with any terms and conditions of the third party payment provider.
e. The Customer must pay each invoice in full before the Goods are released to the Customer or otherwise dispatched.
f. Ziggy Lou may reject any Order placed by a Customer for any reason at Ziggy Lou’s sole and absolute discretion, including if there has been an error or the Goods are no longer available for any reason. If Ziggy Lou rejects or cancels an Order following payment then the Customer will receive a full refund for any moneys paid for the Order.
g. Following placement of an Order the Customer will receive an email notification from Ziggy Lou which will confirm that an Order has been placed (Order Confirmation). The Order Confirmation amounts to confirmation that a contract exists between Ziggy Lou and the Customer for the sale and purchase of Goods.
h. If a Customer believes that they have made a mistake in placing an Order then the Customer should immediately contact Customer Care and provide details of the Order in question. Ziggy Lou provides no guarantees that it will be able to rectify any erroneous Orders. Ziggy Lou reserves the right to charge the Customer a cancellation fee which reflects any administration costs in the cancellation or Ziggy Lou may issue a credit note depending upon the circumstances.
4. PRICE
a. The price for the Goods includes GST.
b. The Customer must pay to Ziggy Lou any GST in respect of any taxable supply made by Ziggy Lou under these Terms and Conditions.
c. The costs of delivery of the Order will be borne by the Customer.
5. NO SET OFF
The Customer shall pay any moneys owing to Ziggy Lou under these terms in full, and shall not set off such moneys against debts or liabilities owed or allegedly owed by Ziggy Lou to the Customer.
6. RISK, DELIVERY AND QUALITY OF SUPPLIES
a. Ziggy Lou engages third party delivery partners to deliver all Orders. Ziggy Lou is not responsible for the conduct of the third party delivery partner.
b. The Customer is solely responsible for:
i. ensuring that someone is able to collect the Order from the delivery location or any redirected location nominated by the delivery provider;
ii. any delays in collecting the Order from any redirected location; and
iii. any redirection fees including back to Ziggy Lou’s dispatch location and storage fees whilst awaiting redirection or redelivery instructions.
c. The risk in the Goods for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately upon the Goods being deemed delivered or arriving at a collection location. Once risk passes to the Customer, Ziggy Lou is no longer responsible for any damage to the Goods.
d. Under no circumstances will Ziggy Lou be liable for any loss or damage suffered by the Customer as a result of any late delivery or non-delivery of any Order.
e. Any period or date for delivery of the Goods stated by Ziggy Lou is intended as an estimate only and is not a contractual commitment. Ziggy Lou will use reasonable endeavours to meet any estimated dates for delivery of the Goods.
f. For any overseas Orders, the Customer is solely responsible for any import or duty taxes imposed by the Customer’s country. Please check these charges before placing an Order.
7. SUITABILITY OF SUPPLIES
a. Any description of Goods given by Ziggy Lou is for the purposes of identification only and the Customer acknowledges and agrees that any sale of Goods under these terms is not a sale by description.
b. The Customer acknowledges and agrees that it relies entirely upon its own knowledge, skill and judgment in selecting and ordering Goods from Ziggy Lou. Ziggy Lou will not provide any advice, express or implied, as to whether particular Goods are fit for any purpose, unless expressly agreed in writing by Ziggy Lou.
8. WARRANTIES, GUARANTEES & DEFECTIVE GOODS
a. Goods must be used, handled and assembled with due care and in compliance with any instructions given by Ziggy Lou otherwise any warranty of the Goods may be void.
b. Any change or modification made by the Customer to the Goods without the prior written consent of Ziggy Lou is at the Customer’s sole risk and may void any warranty on the Goods.
c. If a Customer believes that a Good is defective then the Customer must adhere to any process Ziggy Lou may direct the Customer to follow to address the defective Good claim including providing any evidence of the defect and/or returning the Good to Ziggy Lou.
d. ‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a 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.’
e. A Customer making a defect claim can contact Customer Care as follows:
ii. 48 Futures Road, Cranbourne West VIC 3977
9. CHANGE OF MIND
a. In addition to any returns applicable for defective Goods, if a Customer change their mind in respect of an Order Ziggy Lou will accept Goods to be returned for a credit note equal to the cost of the Goods but excluding any delivery fees provided that all the following conditions are satisfied:
i. the Customer must initiate the change of mind return by contacting Customer Care within 14 days of receipt of the Goods;
ii. the Goods must have been sold at full price and not have been a sale item;
iii. any Goods returned by the Customer must be returned in the condition the Customer received the Goods with all packaging and tags intact;
iv. the Goods are not marked as being unable to be returned for change of mind such as for hygiene reasons;
v. Goods must not have been washed and must be in unused/unworn condition; and
vi. return costs of Goods and risk in the returned Goods are the responsibility of the Customer.
b. Customers must follow the Customer Care instructions for the return of Goods under Ziggy Lou’s returns policy https://ziggylou.com.au/pages/returns
c. Once Ziggy Lous has received the Customer’s returned Goods and is satisfied with the condition of the Goods, the Customer will be issued with a credit note for the amount paid for the Goods but excluding delivery fees.
d. The Customer may also have other rights under the Australian Consumer Law.
10. PRE-ORDER OF GOODS
a. Some Goods for sale on the Ziggy Lou website may be listed as a “pre-order”. Any order that includes a Good that is listed as “pre-order” is final. Ziggy Lou does not allow any changes or exchanges on “pre-order” Goods the subject of an Order.
b. The customer should refer to information on the Ziggy Lou website for further information regarding placing an Order for Goods that are “pre-order” located here.
c. Customers should note that unless minimum order requirements are met for a particular product line then the pre-order Goods the subject of the Order may be cancelled and a refund issued.
11. LIMITATION OF LIABILITY
a. Ziggy Lou will not be liable for any loss or damage suffered by the Customer where Ziggy Lou has failed to meet any delivery date or cancels or suspends the supply of Goods or any Order.
b. Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying, or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable, including the Australian Consumer Law to the sale of Goods which cannot be excluded, restricted or modified.
c. To the maximum extent permitted by law, Ziggy Lou will not be liable for any other loss or anticipated loss or damage incurred by the Customer however caused which arises from or in connection with the Customer’s use of the Ziggy Lou website, the contents of the Ziggy Lou website (this includes information, pricing and all Goods), or the Customer’s reliance on any information Ziggy Lou provides to the Customer or the purchase of Goods.
d. To the maximum extent permitted by law, Ziggy Lou will not be liable for any losses or damages whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information, comments or opinions contained on or obtained through the Ziggy Lou website or arising from the purchase or use of the Goods.
12. INDEMNITY
The Customer will at all times indemnify Ziggy Lou and Ziggy Lou’s officers, employees and agents (“those indemnified”) from and against any loss (including legal costs and expenses) or liability, suffered or incurred by any of those indemnified arising from any claim against those indemnified where the claim is referable to:
a. a breach by the Customer of its obligations under these Terms and Conditions; or
b. any willful, unlawful, or negligent act or omission of the Customer.
13. TERMINATION
a. Ziggy Lou may terminate any Order immediately by notice in writing (Notice):
i. if the Customer is in breach of any term of these Terms and Conditions and the Customer does not remedy any breach within five (5) days of receiving written notification;
ii. if the Customer is in breach of any term of these Terms and Conditions which is incapable of being remedied; or
iii. if an Insolvency Event occurs in relation to the Customer.
b. Subject to any State or Federal legislation, Ziggy Lou may also terminate any Order for any other reason determined by Ziggy Lou.
14. FORCE MAJEURE
If as a direct or indirect result of natural disaster, pandemic, industrial dispute, accident, government restriction, war, civil disturbance or any other cause, of whatever nature, outside of Ziggy Lou’s control Ziggy Lou is unable to perform its obligations under these Terms and Conditions, Ziggy Lou is released from those obligations to the extent of such inability, and the Customer shall not be entitled to claim compensation for any such failure by Ziggy Lou to perform its obligations.
15. GST
a. For the purposes of this clause 17, a word or expression that is capitalised and is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) has the meaning given in that Act unless defined in these Terms and Conditions.
b. Unless expressly stated otherwise, all amounts payable under these Terms and Conditions are exclusive of GST.
c. If anything done under or in connection with these Terms and Conditions constitutes a Taxable Supply from one party to another in respect of which GST is payable, the consideration payable for the supply will be increased by the GST Amount.
d. A party is not required to make a payment for a Taxable Supply made under or in connection with these Terms and Conditions until it receives a valid Tax Invoice in relation to that supply.
16. WAIVER
Failure by Ziggy Lou to enforce any of these terms in respect of any breach by the Customer shall not be construed as a waiver of any of Ziggy Lou’s rights or a waiver of Ziggy Lou’s right to enforce the term in respect of that breach in the future. The only persons authorised to waive a breach by the Customer are the Managing Director or Chief Financial Officer of Ziggy Lou and the Customer shall not seek to rely upon a waiver purportedly given on behalf of Ziggy Lou by any other person.
17. GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws in force in Victoria, Australia and the Customer submits to the jurisdiction of the courts of Victoria, Australia.
18. SEVERANCE
If any provision of these Terms and Conditions are contrary to any State or Federal legislation (for example by being illegal, void or unenforceable) that provision shall be read down to the extent necessary to become valid and enforceable or, if this is not possible, shall be deemed to be severed from these Terms and Conditions, without affecting the remaining provisions of these Terms and Conditions.
19. ASSIGNMENT AND NOVATION
Any rights and benefits arising from these Terms and Conditions must not be assigned by the Customer without Ziggy Lou’s prior written consent. Subject only to notice being given to the Customer, the Customer consents to the assignment or novation of these Terms and Conditions by Ziggy Lou.
20. INTELLECTUAL PROPERTY
a. All intellectual property (including without limitation any trade marks (registered or unregistered), designs, layouts and confidential information copyright in all plans, drawings, designs and text) which are disclosed to the Customer by Ziggy Lou shall be solely owned by Ziggy Lou and shall be delivered up to Ziggy Lou by the Customer immediately on Ziggy Lou’s request. The Customer acknowledges that no intellectual property licence is granted by these Terms and Conditions.
b. The Customer is prohibited from reverse engineering any of the Goods.
c. The Customer will immediately notify Ziggy Lou of any actual or potential infringement of Ziggy Lou’s intellectual property rights which comes to the Customer’s attention.
21. CONFIDENTIAL INFORMATION
The Customer shall treat all information disclosed to it by or on behalf of Ziggy Lou, or acquired by the Customer concerning Ziggy Lou or the Goods as Ziggy Lou’s confidential information and shall not use or disclose the same.
22. CUSTOMER WARRANTY
The Customer warrants that it has acted reasonably and in good faith to Ziggy Lou in disclosing to Ziggy Lou, prior to signing these Terms and Conditions, all information which may have materially affected Ziggy Lou’s agreement to supply the Goods to the Customer on these Terms and Conditions.
Version February 2024