Terms & Conditions
TERMS OF SERVICE
OVERVIEW & LANGUAGE
This website is operated by Louis Perry. Throughout the site, the terms “we”, “us” and “our” refer to Louis Perry. Louis Perry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The term “Customer” refers to any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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 province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
- We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 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, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PAYMENTS
- Our prices include statutory 10% Australian GST, but are net of shipping costs. Any customs duties and similar charges shall be borne by the customer. Unless otherwise agreed by us, all shipments by us shall require advance payment upon receipt of an invoice. The advance payment will be fulfilled immediately within the online shop by using our payment providers. The Customer shall have no right of set-off or retention, except to the extent the counterclaim has not been disputed by us or been determined by a final and binding decision.
- By entering your credit card details in relation to an order on louisperry.com.au you are confirming that the card being used is your own, or, you have the permission and authorisation of the owner. All cards may be subject to validation checks. In the case that this delays payment, Louis Perry will not be liable for any delay in the delivery of your order.
SECTION 5 - CONCLUSION OF CONTRACT
- All offers in the Online Shop are non-binding.
- By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant item(s). The offer will remain open for acceptance by Louis Perry for period ending at the end of the third business day following the day of the offer.
- We will send all Customers an e-mail confirmation of receipt without undue delay after the receipt of the order. This e-mail does not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the item(s). The sales contract with the Customer shall not become effective until our acceptance.
SECTION 6 - RIGHT OF REVOCATION
- The revocation period is 14 days from receipt of the product. To exercise the revocation right, the Customer must send a declaration to Louis Perry via e-mail at email@example.com
- After exercising the right of revocation we shall refund the purchase price and initial shipping cost of the product. The Customer is obliged to bear the cost of return shipment. We are entitled to refuse providing a refund until such time that the product as been sent back to us. We shall refund the costs with a period of 14days from the receipt of the product or proof of its return shipment. The Customer is liable for damage to the product, unless the damages due to the quality and function of the product.
- We will not provide refunds, returns and store credit due to price changes of our product(s).
SECTION 7 - DISPATCH OF PRODUCT
- Any date of dispatch communicated by Louis Perry shall be only an approximate and may be exceeded by up to three business days, unless we have agreed to a fixed date of dispatch.The date of dispatch shall be such a day on which the product(s) are handed over by us to the carrier.
SECTION 8 - SHIPMENT AND PASSING OF RISK
- Unless otherwise agreed upon, Louis Perry shall be free to determine the appropriate mode of shipment and to select the carrier at our own discretion.
- We are only obliged to properly and timely deliver the product(s) to the carrier, and therefore shall not be responsible for any delays caused by the carrier. All transit times specified by Louis Perry shall be non-binding.
- If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product(s) shall pass to the Customer upon delivery of the product(s) to the Customer or upon the Customer’s default acceptance.
SECTION 9 - RETENTION OF TITLE
- All products remain the property of Louis Perry until full payment is made.
SECTION 10 - INTELLECTUAL PROPERTY RIGHTS
- All intellectual property contained on this website, within promotional content and that involving the product(s) is the property of Louis Perry. This includes but is not limited to; trademarks and copyrights. You may not without prior written consent from Louis Perry, reproduce, copy, modify or post any part of this website. Our website may use content generated by users through social media applications. We do not claim ownership of this content and take no legal responsibility for it.
SECTION 11 - COMPLAINT TERMS
- It is extremely important that you, the Customer check your product(s) carefully upon arrival of your shipment. You must ensure that the products are not damaged and are correct. If you receive an item and it appears to have been damaged in transit, or differed from the product ordered, you must report this to the delivery carrier immediately and notify Louis Perry customer service within 7 days of receiving your order.
- When contacting customer support please be sure to include the order number, full name, reason for the complain, description of the defect and a photograph of the defect to ensure we can resolve the issue as quickly as possible. You must ensure that when returning the product(s), that it is packaged in such a way that it cannot be damaged in transit. It must contain all items in original condition that were originally shipped. If no issue can be found with the product that has been returned, you the Customer will be charged the cost of return shipping. If the product(s) is found to have a manufacturers fault, Louis Perry, in line with our warranty policy, will replace or repair the product at our discretion with the same model. If the model is no longer available, the customer will receive a full refund or the option of selection another product(s) for the same or lesser value.If these terms and conditions are not followed, the customer may void the manufacturers warranty.
SECTION 12 - MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 13 - 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 Return Policy.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 14 - 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Orders made in another persons name, without his or her consent or any other financial damage suffered to that person or Louis Perry will be reported to the relevant authority. Louis Perry reserves the right to change prices, correct prices on all orders and final sales. We also reserve the right to cancel an order at any time. Any attempt at fraud will be reported to the relevant authority and we reserve the right to cancel any order where suspicion of fraud is found.
SECTION 15 - THIRD-PARTY LINKS
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - PERSONAL INFORMATION
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Louis Perry, our founders, owner, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 20 - INDEMNIFICATION
- If for any reason you, the customer or viewer of our website breach the terms and conditions set out on this page, you agree to indemnify and defend our directors, partners, service providers, suppliers, employees and sub-contractors from any claim or demand including any fees that arise due to your breach of these terms of service. Once the terms and conditions have been breached, Louis Perry takes no responsibility for the actions of the customer or viewer of the website.
SECTION 21 - TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
SECTION 23 - DISCOUNT FOR LIFE PROMOTION FOR KICKSTARTER
- All Customers, who purchased a Louis Perry product(s) from Kickstarter with the option of a discount for life, whether 5%, 10% or 15% shall be entitled to a maximum purchase of 2 watches per year for the period of time that they are a Customer of Louis Perry.
SECTION 25 - Risk relating to injury, illness and/or death related to the use of our product.
- All persons and customers who purchase or who have direct contact with Louis Perry watches and the parts that make up a Louis Perry watch will take full responsibility (Louis Perry will not accept responsibility) for any injury, illness and/or death related to or caused by Louis Perry products (including watches).
- Louis Perry acknowledges that each watch has very small parts that include but are not limited to; screws, battery, hands, small metal buckles and pins. It is the responsibility of the customer and/or those in possession of Louis Perry watches to ensure these small parts are in good working order and regularly check for damage or missing parts on each watch.
- We recommend to keep Louis Perry watches away from children due to the small parts that make a Louis Perry watch, and for the fact that these small parts may become a choking hazard if in the possession of children and those with intellectual disabilities and may cause injury, illness and/or death if not properly maintained and appropriately stored.
SECTION 26 - GOVERNING LAW
- Australian law governs Louis Perry terms and conditions. The Australian court of law will have the jurisdiction to preside over any dispute in relation to the use of this website and/or any product or service being offered. These conditions are applicable where Australian Law or any other applicable law do not provide conditions that conflict with them.