Terms of Service

Lydia & Brooks
These terms govern your use of this website and the services we offer. Please read them carefully before accessing or using the website. By accessing it, you accept all of the terms and conditions set out below.
Governed by the laws of New South Wales, Australia  |  Contact: info@lydiaebrooks-sydney.com

Overview

This website is operated by Lydia & Brooks. Throughout the site, the terms “we”, “us” and “our” refer to Lydia & Brooks. By visiting the website and/or purchasing products from us, you accept the following Terms of Service, including any additional terms and policies referenced or available by hyperlink.

These Terms of Service apply to all users of the website, including browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, do not access the website or use any of the services.

We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you have given us your consent to allow any of your minor dependants to use this website.

• You may not use our products for any illegal or unauthorised purpose.
• You must not violate any laws in your jurisdiction, including copyright laws.
• You must not transmit any worms, viruses or code of a destructive nature.
• A breach or violation of any of the Terms will result in the immediate termination of your services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks.

Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service without express written permission from us.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon, or used as the sole basis, for making decisions.

This website may contain certain historical information which, by its nature, is not current. We reserve the right to modify the contents of this website at any time, but have no obligation to update any information.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change. We reserve the right to modify or discontinue the service at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service, to the extent permitted by law.

Warranty: Your rights under the Australian Consumer Law, including statutory consumer guarantees, continue to apply.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

All of our products are shipped directly to the consumer by our supplier in China. Any charges such as customs duties or import taxes are the responsibility of the consumer.

• We cannot guarantee that the colours displayed on your monitor will accurately match the actual colours of the product.
• We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction.
• Any offer for any product or service made on this website is void where prohibited by law.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to, or cancel, an order, we will attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge that such tools are provided “as is” and “as available” without any warranties or endorsement from us.

Any use of optional tools is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s).

Section 8 – Third-Party Links

Certain content, products and services available via our service may include materials from third parties. Third-party links on this website may direct you to external websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not accept liability for any third-party materials, products or services. Complaints about third-party products should be directed to the relevant third party.

Section 9 – User Comments, Feedback and Other Submissions

If you send certain specific submissions or unsolicited materials, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

• We are under no obligation to maintain any comments in confidence.
• We are under no obligation to pay compensation for any comments.
• We are under no obligation to respond to any comments.

Comments must not violate any third party’s rights, including copyright, trade mark or privacy rights. You are solely responsible for any comments you make and their accuracy. Any additional customs charges or import duties are not included in the price and are the responsibility of the customer.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please refer to it for more details.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice, including after you have submitted your order.

Section 12 – Prohibited Uses

In addition to other prohibitions set out in the Terms of Service, you are prohibited from using the website or its content:

• for any unlawful or unauthorised purpose;
• to encourage or take part in any unlawful act;
• to violate any international, federal, state or local regulations, rules or laws;
• to infringe upon or violate our intellectual property rights or those of others;
• to harass, abuse, insult, defame or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code;
• to collect or track the personal information of others;
• to interfere with or circumvent the security features of the service.

We reserve the right to terminate your use of the service for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of the service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results obtained from the use of the service will be accurate or reliable.

You expressly agree that your use of the service is at your sole risk. The service is provided “as is” and “as available”, without any representation, warranty or condition of any kind, either express or implied, to the extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Lydia & Brooks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms of Service or any law or the rights of a third party.

Section 15 – Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement. These Terms of Service remain in effect unless and until terminated by either you or us.

If, in our sole judgement, you fail or we suspect that you have failed to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

Section 17 – Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals.

Section 18 – Governing Law

Jurisdiction: New South Wales, Australia

These Terms of Service and any separate agreements under which we provide you with services are governed by and construed in accordance with the laws of New South Wales, Australia.

Section 19 – Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service.

It is your responsibility to check our website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at:

Contact email: info@lydiaebrooks-sydney.com