Terms and Conditions

1. Introduction

Welcome to Wee Small Hours Quilts hosted by Shop City Australia (www.shopcity.com.au)

These Terms and Conditions govern the use of www.weesmallhours.com.au ("the website") and the ordering of any goods from it.

This website is owned, operated and managed by Shop City Australia ("Shop City") ABN 25 030 085 821 trading as "Wee Small Hours Quilts".

Problems with the general operation of the website should be reported using our contact form.

2. Acknowledgement and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Shop City reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

3. Limitation of Liability

Any liability of Shop City or any Associate of Shop City in connection with goods or services supplied to you, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, shall at the election of Shop City be limited to:

1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

4. Disclaimer

The information contained on the website is provided by Shop City in good faith. To the best knowledge of Shop City, the information is accurate and current. However, Shop City and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Associates of Shop City") do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, Shop City disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Shop City makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that Shop City does not control other users of this website, the providers of information or ideas to this website nor the suppliers of goods and services purchased from this website, and Shop City is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Shop City will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

You are entering into a transaction through Shop City to order goods or services supplied directly by a third party, Shop City is not responsible for the provision of those goods or services nor for any misunderstanding between you and the supplier of such goods or services.

In all arrangements involving the direct provision of goods or services by third parties, Shop City accepts no liability of any kind in connection with or arising from such an arrangement.

5. Copyright

Copyright in the www.weesmallhours.com.au website is property of Shop City. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Shop City and third parties. This property may only be used for the purposes of browsing the www.weesmallhours.com.au website and acquiring goods and services from www.weesmallhours.com.au

6. Applicable Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

7. Information provided by you

If you order goods and services from www.weesmallhours.com.au or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Shop City with current, complete and accurate customer information when asked to do so by the website or an employee of Shop City or any of its Associates.

8. Virus Warning

All due care is taken to ensure that the www.weesmallhours.com.au website and any associated data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

9. Membership

A www.weesmallhours.com.au member may not have more than one active membership. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.

Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.

As a www.weesmallhours.com.au member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account.

10. Product Information

Prices of goods and services and delivery and other charges displayed on the www.weesmallhours.com.au website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

11. Orders

Orders will not be despatched until payment in full has been received and Shop City and/or its Associates are satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, Shop City and/or its Associates are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

(i) CANCELLATION BY US

We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

(ii) CANCELLATION BY YOU

If you need to cancel an order, please contact the supplier immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed by the supplier. Once the supplier has accepted payment for an order, cancellation of the order is within the sole discretion of the supplier.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

(iii) DELIVERY

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, the supplier is not obliged to re-send the order to the correct address at the suppliers expense. We will provide you with an estimated date for delivery of all parcels. While the supplier makes every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Australia Post who we believe will always do their best to deliver products by the estimated delivery date.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to the discretion of the supplier.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

(iv) RETURNS AND EXCHANGES

The supplier will not exchange or refund goods unless they were damaged or faulty when purchased. The supplier will refund up to $AUD10.00 in delivery fees to return damaged or faulty goods. This will be refunded according to the original method of payment.

(v) GOODS DAMAGED OR FAULTY UPON DELIVERY

Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply.

In the event that you receive a defective or damaged product, the supplier will refund the original product price and delivery via the original method of payment. Alternatively, if you request a replacement, the supplier will despatch your replacement item (subject to availability) once they receive the return, at their cost.

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to the supplier.

12. Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Shop City and its Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Shop City harmless from and against any and all claims, loss or expense that may be incurred by Shop City or its Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Shop City and its Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

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