Terms and Conditions

Webstite Terms and Conditions

of Access and Use

Please read these terms and conditions of use carefully before accessing or using our website.

1. By accessing this website, you are agreeing to be bound by the Website Terms and Conditions of Access and Use (referred to as ‘the Terms and Conditions’ or ‘these Terms and Conditions’) and all applicable laws and you are agreeing that you are responsible for compliance with any applicable laws. If you do not agree with any of the Terms and Conditions, then you may not access or use this website.

2. You will be bound by the Terms and Conditions each time you submit an order to this website. Each order you place will be a separate agreement between you and Japonica Collection for the supply of goods.

3. Japonica Collection may alter these Terms and Conditions from time to time.

4. This website is operated by Japonica Collection (ABN 75773292889) (referred to as ‘Japonica Collection’). Throughout these Terms and Conditions, the terms ‘we’, ‘us’ and ‘our’ refer to Japonica Collection.

5. Our store is hosted at Siteground.com using WordPress and Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products to you.

6. This website and its content are subject to copyright and other intellectual property rights. These rights are owned by Japonica Collection or in the case of some material, by another legal entity.

7. You must not, and agree that you will not, reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website except as permitted by law or with the prior written consent of Japonica Collection.

8. You are not to place an order on this website if you do not have the legal capacity to enter into binding agreements. By placing an order through our website you are confirming that you are:
(a) 18 years of age or over and
(b) Legally capable of entering into binding agreements
Obligation to provide accurate information

9. When placing an order on this website, you undertake 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 make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.

Confirmation that purchase is for personal non-commercial use

10. When placing an order on this website you confirm and undertake that all goods you purchase from this website are intended for personal non-commercial use only and will not be resold in any manner. It is a condition of this purchase that you do not re-sell the goods to any third party.

Limits to the liability of Japonica Collection and Indemnity for any claims arising from your use of this website or your breach of any terms and conditions
11. To the extent allowed by law, the liability of Japonica Collection regarding the sale of goods through this website is limited at the discretion and option of Japonica Collection to:
(a) the replacement of the good/s purchased; or
(b) the supply of equivalent good/s; or
(c) the repair of the good/s purchased; or
(d) the payment of the cost of replacing the good/s purchased; or
(e) the payment of the cost of having the good/s repaired.

12. Japonica Collection, its directors, officers, employees, agents and affiliates, have no liability for any injury, loss, damage or claim of any nature whatsoever arising from your use of this website, including but not limited to any direct, indirect, incidental, punitive, special, or consequential damages of any kind beyond the liability referred to in paragraph 12 (or as provided for by the law applicable to the sale and purchase of consumer goods in Western Australia).

13. You agree not to make any claim whatsoever relating to your use of this website (excluding your consumer rights at law relating to a purchase/s you make using this website), and you agree to indemnify, defend and hold harmless Japonica Collection, its directors, officers, employees, agents and affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website, your breach of these terms and conditions, and/or your infringement of any copyright or other intellectual property rights or any other right of any person or legal entity, including claims of any third party.

14. You agree that you use this website entirely at your own risk. Japonica Collection, its directors, officers, employees, agents and affiliates, are not liable to you or any other legal entity if interference with or damage to your computer or computer systems occur in connection with the use of this website. You must take your own precautions to ensure that your computer and computer systems are adequately protected from viruses or any other cause of interference or damage to your computer or computer system.
Accuracy, Completeness and Timeliness of Information

15. While Japonica Collection will always attempt to ensure that this website is accurate, complete and up to date, it is not liable to you or any other legal entity if errors occur in the information on this website or if the information is not up to date. Any reliance on the information on this website is at your own risk.

16. We reserve the right to modify the information on this website at any time, including the Terms and Conditions, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Prohibited uses of this website

17. In addition to other prohibitions within these Terms and Conditions, you are prohibited from using this website or information on this website:
(a) for any unlawful purpose;
(b) to infringe the copyright or to infringe any other intellectual property rights of Japonica Collection or any other legal entity;
(c) to violate or attempt to violate the security of this website; and/or
(d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the function of this website or other websites or the internet.

What happens following your order

18. After placing your order for goods with us you will receive an email from Japonica Collection acknowledging that we have received your order. This does not mean that your order has been accepted, but constitutes an offer to us to buy goods. All orders are subject to availability and acceptance by us, and we will confirm our acceptance of your order by sending an email to you that confirms that the product has been sent to you.

19. We will not process your order until payment has been received in full.

20. We are entitled to refuse any order made by you for any reason, within the limits of the law.

Returns and Exchanges

21. Returns and exchanges are covered by our ‘Returns and Exchanges Policy’. This Policy forms part of your agreement with Japonica Collection for the purchase of goods. Please refer to this Policy.

Prices and Payments

22. The price payable for the goods as shown on the website is in Australian dollars ($AU) and includes Australian GST but may exclude delivery charges.
Delivery Charges and Times

23. Delivery charges and returns are covered by our ‘Delivery Charges and Times Policy’. This Policy forms part of your agreement with Japonica Collection for the purchase of goods. Please refer to this Policy.

Force majeure

24. Japonica Collection will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, Governmental action, or any other cause which is beyond its reasonable control.

Right to Terminate Agreement

25. Japonica Collection reserves the right to terminate an agreement to provide goods to you at any time and at its discretion, however, if you have paid a purchase price for goods ordered that has been received by Japonica Collection prior to this termination and the goods have not been delivered to you, this purchase price will be refunded to you. Japonica Collection will have no other liability to you for terminating the agreement.

Governing law

26. The Terms and Conditions of Use of this website are governed by the laws of Western Australia and by buying goods from this website you submit to the non-exclusive jurisdiction of the Courts of Western Australia.
Severability

27. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable for any reason, it will be severable, and will not affect the remaining provisions.

Interpretation

28. In this Agreement unless the context indicates a contrary intention:
(a) words denoting the singular number include the plural and vice versa;
(b) headings are for convenience only and do not affect interpretation;
(c) ‘Website’ means the internet website with the URL [https://www.japonicacollection.com.au] (d) ‘You’ means the user of this website and ‘Your’ has the corresponding meaning.
(e) ‘Goods’ means the good or goods specified in your order placed through this website.