Terms of service
1. General
Welcome to our Website! We are delighted to offer you an array of remarkable products and services (collectively referred to as "Services"). Throughout the site, the terms “we”, “us” and “our” refer to Tilla. To engage with our Services, you, the user, must read and accept our set of terms, conditions and notices outlined in this document (the "Terms & Conditions"). Kindly note that these terms may be updated occasionally, so we recommend checking back here regularly.By visiting our site and engaging in any transactions with us, you become an active participant in our "Service" and thereby agree to abide by the following Terms & Conditions, as well as any other policies referenced herein or available on our Website. These Terms & Conditions are applicable to ALL users of our site, including, but not limited to, browsers, vendors, customers, merchants and/or content contributors.
Kindly note that access to our Website is temporarily granted and we retain the authority to alter or remove any of our Services without advance notice. While we endeavour to ensure smooth accessibility, please understand that we cannot be held responsible if the Website becomes temporarily or persistently unavailable due to unforeseen circumstances. Additionally, intermittent restrictions to certain parts or the entire Website may occur.
2. Privacy Policy
Within these Terms & Conditions lies our privacy policy, which outlines how we handle and utilise your personal information. You can find the complete details of our Privacy Policy here. To continue using this Website, you consent to us processing your data as described therein and you confirm that all the information you provide is accurate and up-to-date.3. Prohibitions
Our Website is intended for responsible and lawful use, and any misuse is strictly prohibited. You must refrain from engaging in the following activities:- committing or promoting criminal offenses;
- transmitting or distributing viruses, trojans, worms, logic bombs, or any other malicious or technologically harmful material;
- posting content that breaches confidence, is offensive, or obscene in any manner;
- attempting to hack into any part of the Service;
- causing annoyance to other users;
- infringing upon the proprietary rights of any individual;
- sending unsolicited advertising or promotional materials (commonly known as "spam"); or
- attempting to disrupt the performance or functionality of any computer facilities associated with our Website.
4. Intellectual Property, Software and Content
All software and content provided on or through our Website, including our Tilla brand, along with all other trademarks, trade names and logos, are safeguarded by copyright laws and international treaties. These intellectual property rights shall remain the exclusive property of Tilla. We reserve all rights related to these intellectual properties.For your personal enjoyment, you may store, print and display the content supplied on our Website. However, you are strictly prohibited from publishing, manipulating, distributing or reproducing, in any format, the content or copies thereof that have been made accessible to you on this Website. Moreover, you are expressly forbidden from using any such content in connection with any business or commercial venture. Let our creativity inspire you, but always respect the rightful ownership and protect the sanctity of our intellectual properties.
7. Terms of Sale
When you place an order, you are extending an offer to purchase a product on the understanding that it is contingent upon the following Terms & Conditions. We want to emphasise that all orders are subject to availability and will be confirmed based on the prevailing order price.Dispatch times might vary due to product availability, and while we strive to guarantee delivery times, any assurances or representations concerning delivery times are susceptible to delays that may arise from postal issues or events beyond our control (force majeure). Please refer to our Shipping and Delivery terms here for more information.
To engage in a contract with Tilla, you must meet the minimum age requirement of being over 18 years old and possess a valid credit or debit card issued by a bank that meets our acceptance criteria. However, please be aware that we reserve the right to decline any request made by you at our discretion. Rest assured, we strive to maintain a fair and smooth shopping experience for all our valued customers.
Our Contract
Upon placing an order, expect to receive an acknowledgment email that confirms we've successfully received your order. However, please note that this email serves solely as an acknowledgment and does not signify acceptance of your order. The formation of a contract between us, facilitating the purchase of goods, is contingent upon two key factors: first, the approval of your payment by us, and second, the successful debit of your credit or debit card. Once these steps are completed, the contract will be officially established, ensuring a smooth and transparent transaction process.
While we make every effort to ensure the utmost accuracy in the details, descriptions and prices presented on our Website, occasional errors may surface. In such cases where an error is detected in the price of goods you've ordered, we will promptly notify you and provide two options: you can either reconfirm your order at the correct price or choose to cancel it altogether. In the event that we are unable to establish contact with you, we will consider the order as cancelled. If you decide to cancel your order and have already made the payment, a full refund will be issued to you without delay.It's important to note that, when applicable, our prices include the GST (Goods and Services Tax). However, separate delivery costs will be applied, and these additional charges will be transparently displayed, where applicable, in the 'Total Cost' section.
Please be aware that our Service provided might include typographical errors, inaccuracies or incompleteness. To ensure accuracy and clarity, we hold the right to rectify any such errors, inaccuracies or omissions, and may modify or update information without prior notice. Moreover, please understand that we maintain the discretion to decline any orders you may place, should they be influenced by any incorrect or inaccurate information present on our Service. This includes but is not limited to errors or inaccuracies in pricing, shipping details, payment terms or return policies, even if the information is outdated.
We are delighted to offer you a variety of payment options to ensure a smooth and secure transaction on our website. You can conveniently use Visa, MasterCard, AfterPay or Apple Pay to make your purchases.
Discount Codes
We like to treat our customers with special offers from time to time through promotional discount codes, applicable to various purchases made on our Website.For each discount code, specific conditions of use will be outlined at the time of issue. We believe in making your shopping experience even more delightful by providing you with exciting opportunities to save while you shop with us. So, keep an eye out for these fantastic deals and enjoy the benefits of our promotional discount codes.Gift Cards
We offer digital gift cards sent via email. It's important to note that each gift card is issued in specific currencies. For instance, gift cards issued in New Zealand dollars can be used for New Zealand customers, while those issued in Australian dollars are redeemable for Australian customers through our website.Digital gift cards are a convenient choice and will be issued either within 24 hours or on a date of your preference. However, please keep in mind that these gift cards hold no cash value and cannot be converted into cash or travellers’ cheques. Furthermore, no change will be given for purchases made using a digital gift card.
It's crucial to be mindful of the digital gift card's expiration date, which is set at 12 months from the date of issuance. While digital gift cards are partially redeemable, it is the cardholder's responsibility to utilise the entire value within the validity period. Any remaining balance on the card will not be refunded or credited after its expiration.
For purchases exceeding the available card balance, an alternate form of payment must be used to cover the difference. It's important to mention that Digital Gift Cards cannot be used for online orders processed with Afterpay or Apple Pay.
Lastly, we advise treating our digital gift cards as you would cash. Tilla holds no liability for lost or stolen cards, so please keep them safe and secure.
8. Disclaimer of Liability
We want you to know that the material on our website is provided without any guarantees about its accuracy. We, Tilla, along with our suppliers, content providers, and advertisers, won't be held responsible for any problems that may arise from using our Website or its materials.This means in no event shall Tilla be liable for any indirect, consequential, or incidental damages, including but not limited to loss of profits, business interruption, or loss of information, arising out of the use or inability to use our Website or the content therein. Even if these damages were foreseeable or happened because of contract issues, negligence, or other legal reasons, we won't be held responsible.
However, there are some situations where we are still responsible. If someone gets hurt or there's a fraudulent misrepresentation, we can't escape liability under the law. But otherwise, we do our best to limit our responsibility as allowed by the law.
While we make every effort to display our products as accurately as possible, we cannot guarantee that the images, colours and descriptions presented on our Website will precisely match the actual products due to variations in computer monitors and individual perception.
Please note we reserve the right to amend, modify, or update this disclaimer at any time without prior notice. Please review this page periodically for any changes. Your continued use of our Website after the posting of changes constitutes acceptance of those changes.
9. Linking to our Website
You are welcome to link to our home page, granted that you do so in a manner that is fair, legal and respectful, without causing harm to our reputation or exploiting it in any way. However, it's important to avoid establishing links in a manner that might suggest an association, approval or endorsement from us, where none exists.Please refrain from creating links to our Website from any other website that is not under your ownership. Moreover, we strictly prohibit the framing of our Website on any other site, and you may only link to our home page; linking to any other part of our Website is not permitted. We hold the right to withdraw linking permission without prior notice, if deemed necessary.
Our aim is to foster a positive and respectful online environment for all users, and we appreciate your adherence to these guidelines when linking to our Website. Should you have any questions or concerns, feel free to reach out to us at any time.
10. Links from other Websites
In the event that we provide links to other websites, it is essential to understand that we assume no responsibility for the content found on these third-party websites. We do not make any representations regarding the accuracy or reliability of the information present on these linked websites from our Website. Therefore, when accessing external links, it is your responsibility to exercise caution and make informed decisions based on the content and credibility of those external sources.
11. Indemnity
By using our Website, you acknowledge and agree to protect and defend Tilla, along with its directors, employees, manufacturers, suppliers and affiliates, from any and all claims, liability, damages, and costs brought forth by third parties. These claims may include, but are not limited to, legal fees arising due to your use of our Website or any violation of our Terms & Conditions.
12. Variation
Tilla reserves the absolute right, at any given time and without prior notice, to exercise its discretion in making amendments, removals or variations to our Services and/or any page on our Website. Our commitment is to continually enhance and refine our offerings, ensuring a seamless and evolving experience for our valued customers.
13. Complaints
We operate under a complaint handling procedure which we will use to try to resolve disputes when they first arise. Please email us at info@tilla.com.au if you have any complaints or comments.14. Waiver
If you breach any of these conditions as outlined in our Terms & Conditions Policy, and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.15. Governing Law and Jurisdiction
The interpretation and application of our Terms & Conditions shall be governed by the laws of Victoria, Australia. In the unlikely event of any dispute or claim arising from these Terms & Conditions, such matters will be subject to the exclusive jurisdiction of Victoria, Australia. We strive to ensure clarity and adherence to applicable laws and regulations, and we believe that this approach will lead to fair resolutions in any potential dispute or claim.By using our Website, you signify your acceptance of our Terms & Conditions. If you do not agree to our Terms & Conditions, please do not use our Website. If you have any questions or concerns about our Terms & conditions or our Website, please contact us at info@tilla.com.au