Terms and Conditions

1. Introduction

1.1 Silk by Design Pty ltd is a business in the home décor & gift industry that imports & sells floral arrangements, artificial trees, flowers, glassware, ceramic containers, fragrances and other similar products. All of our products are handmade and therefore slight variations to the images on the website may occur. ABN: 27 638 682 943 Our postal address is:
 Suite 234, 7-11 The Avenue, Hurstville, 2220 NSW, Australia info@silkbydesign.com.au Trading as Silk by Design on the website www.silkbydesign.com.au 1.2 These Terms and Conditions govern the supply by us of any Products ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions. 1.3 In these Terms and Conditions: 1.3.1 Definitions:

1. “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
2. “Acknowledgement” means our acknowledgement of your Order by email;
3. “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
4. “Confirmation of Order” means our email to you, in which we accept your Order
5. “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept
6. “Customer” means individual who places an Order on the Site;
7. “Liability” has the meaning given to it in clause 9 (a) of these Terms and Conditions;
8. “Order” means the order submitted by you to the Site to purchase a Product from us;
9. “You” means the Customer who places an Order;
10. “We” means Silk By Design as described above;
11. “Store Credit” means value of product returned instead of a cash refund.

1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions; 1.3.3 Words imparting the singular shall include the plural and vice versa. 1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; 1.3.5 References to “includes” or “including” or like words or expressions shall mean without limitation. These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action. 1.3.6 References to “clauses” are to clauses of these Terms and Conditions;

2. Your Status

To place an order with Silk By Design you must be 18 years or older.

3. Effect

3.1 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with Silk By Design for the sale and/or supply of Products. When you submit an Order to Silk by Design, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality). 3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded. 3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at Silk By Design.

4. How a Contract is formed

4.1 When placing an Order, you must register for an Account on the Site and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it. 4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including GST and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. 4.3 You shall pay for the Product by one of the following payment methods, subject to Silk By Designs discretion: 4.3.1 Payment via credit card
Silk By Design accepts payment via Visa, JCB, MasterCard and America Express only. We make use of the Secure authentication system to verify cardholder details with your bank this links you directly to your bank via a secure link. The transaction then takes place within your bank’s secure environment and We won’t have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. 4.3.2 EFT (electronic funds transfer) 
A. Manual EFT bank deposit This payment method requires you to transfer money directly from your bank account into Silk By Design’s account, through computer-based systems. If you select EFT, you will be redirected to our secure payment gateway and asked to select your bank. The details for the EFT payment will then be displayed, along with instructions regarding references etc. All bank deposit EFT’s require proof of payment to be sent to info@silkbydesign.com.au before your order will be processed. If payment does not reflect for an EFT, we may request proof of payment to be sent before your order is processed. Take note that only Australian EFT payments will be accepted and no international bank electronic transfers are accepted. 4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to Silk By Design. 4.5 You undertake that all details you provide to Silk By Design for the purpose of purchasing the Product from us will be correct, that the credit or cheque card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product. 4.6 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order. 4.7 Your Order remains valid as an offer until we deliver the Products to you. 4.8 A Confirmation of Order email is for informational purposes only and should not be construed as the moment of agreement of sale. In that Confirmation of Order email, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first). 4.9 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact info@silkbydesign.com.au immediately. However, Silk By Design cannot guarantee that We will be able to amend your Order in accordance with your instructions. 4.10 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Silk By Design as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price. 4.11 Products placed in your cart can not be reserved to be bought at a later stage. Placing a Product/s in your cart without completing the sale at checkout does not amount to a “sale”. This means that Silk By Design may remove any Product(s) from your cart before the sale actually takes place, in the event of the product going out of stock. Silk By Design cannot be held responsible if the Product(s) you added to your cart have become unavailable when you try to complete the purchase. 4.12 You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. Silk By Design will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Site. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, Silk By Design will notify you and you will be entitled to a refund of any amount already paid by you for such Products.

5. Delivery

5.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to physical address, no PO Box addresses are allowed. 5.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. 5.2.1 We always aim to deliver within 3-7 working days (Standard delivery, and depending on the payment method used) any Order which we accept but we cannot guarantee any firm delivery dates. 5.3 We shall aim to let you know if We expect that We are unable to meet our estimated delivery date, but, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. 5.4 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it. 5.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, We will inform you using the contact details that you provide to Silk By Design when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address. 5.6 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges. 5.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product. 5.8 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. 5.9 You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us. 5.10 If delivery through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery, then we may (without affecting any other right or remedy available to us) do either or both of the following:

1. charge you for our reasonable storage fee and other costs reasonably incurred by us; or
2. no longer make the Product available for delivery and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or cheque card company, as applicable, any money already paid to Silk By Design under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees.

5.11 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have. 5.12.1 Standard Delivery will be charged at a specific fee in accordance to location. 5.12.2 Extended Delivery times
 During periods of high order volumes, our delivery times may be extended as follows: Standard Deliveries may take 3 to 7 days Out of Stock Items may take up to 90 days Please take note of the following:

• Delivery fees and cash handling fees are non-refundable.
• Silk By Design shall be entitled, at its sole discretion, to determine which areas it considers as Metropolitan and Regional Areas as well as identity areas in Australia suitable for faster Delivery.

6. Cancellation

6.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Silk By Design, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale. 6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and Silk By Design.

7. Cancellation by Customer (Non-Faulty Product)

7.1 You are entitled to cancel any sale concluded on the Site within 1 hour placing an order on the site. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date). Please read the Refund Policy for further details in this regard. 7.2 No cancellation fees shall apply. 7.3 Delivery fees and cash handling fees, where applicable, are not refundable. 7.4 You cannot cancel the sale of out of stock items once ordered.

8. Faulty Products

8.1 We warrant that:

• a) the Product will be delivered undamaged in the quantities ordered; and

8.2 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable. 8.3 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time. 8.4 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

• a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
• 
b) you providing us with the delivery note number and such other information as we reasonably require.

8.5 If you would like Silk By Design to replace (if reasonably possible eg. if product is still available or could easily be obtained by Silk By Design) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

• a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
• 
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
• c) deteriorated through normal wear and tear, after delivery by Silk By Design, We may at our discretion decide not to replace or refund you for the Product and/or We may require you to pay all reasonable carriage costs and servicing costs at Silk By Designs current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

9. Limitation of Liability

9.1 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communication from Silk By Design is accurate, however, should any inaccurate information be published by Silk By Design (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, we shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.

10. Security

Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Silk By Design suffers any damage or loss. You agree and warrant that your log-in name and password shall: a) be used for your personal use only; and b) not be disclosed to any third party. You allow Silk By Design to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. Silk By Design registration documents and the Site’s registered domain name are checked and verified.

11. Guarantee and complaints management

11.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care. 11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint. 11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.

12. Data protection

Please see our Privacy Policy, which forms part of these Terms and Conditions. Please see our Cookie Notice, which forms part of these Terms and Conditions.

13. Circumstances beyond our control (force majeur clause)

13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen. 13.2 Either you or Silk By Design may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Silk By Design shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered). 13.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

14. Disputes

Disputes between you and Silk By Design:
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Silk By Design on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Management of Silk By Design, then such a dispute shall be submitted to confidential arbitration in terms of the Commercial Arbitration Act.

15. Address for Notices

Silk By Design chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Suite 234, 7-11 The Avenue, Hurstville, 2220, NSW, Australia

16. Advertising on the Site

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site. All photography is for illustrative purposes only and specific styles are not necessarily stocked.

17. General

17.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Silk By Design from time to time, for so long as the Site exists and is operational, Silk By Design being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Silk By Design). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order. 17.2 No failure or delay, by Silk By Design or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Silk by design, or your rights under these Terms and Conditions or a Contract. 17.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term. 17.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract. 17.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us. 18.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term. 17.7 Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in Silk By Design and all rights not expressly granted are reserved. 17.8 When you visit the Site or send e-mails to Silk By Design, you consent to receiving communications from Silk By Design electronically and agree that all agreements, notices, disclosures and other communications sent by Silk By Design satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.

18. Amendment to the General Business Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

19. Disclaimer

Neither Silk By Design nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Silk By Design makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@silkbydesign.com.au It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Silk By Design and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

20. Promotions / Competitions

Special Terms & Condition apply to all promotions and competitions run by Silk By Design.