Terms and Conditions
Terms and Conditions ("Terms")
Last updated: November 10, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.Ludwina.com website (the "Service") operated by In Focus Productions Pty Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties (“Paypal”) for purposes of facilitating the completion of Purchases.
In Focus Productions Pty Ltd does not store or keep credit card numbers from any online transactions.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
In Focus Productions Pty Ltd delivers to most destinations across Australia and will consider delivery overseas if first contacted via email. For all and any overseas orders, you need to consider that the delivery fee may be quite substantial. This can be negotiated upon receipt of your email.
Orders placed in Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders outside of Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
In Focus Productions Pty Ltd uses Australia Post for all deliveries throughout Australia.
In Focus Productions Pty Ltd’s freight charges are calculated using our automated freight calculator.
All orders over the value of $100 AU which are purchased in Australia for delivery in Australia will not incur a delivery fee. This is only available to orders placed and delivered within Australia; not overseas orders.
In Focus Productions Pty Ltd will use reasonable efforts to arrange the dispatch of the Product within 5 working days of submitting your order.
Expected delivery times once the order has been dispatched within Australia, is 2 - 3 working days. (This is an estimate only)
All deliveries must be signed for. If not, the risk will pass to you, upon you, or any other person in attendance at the delivery address, signing for the receipt of the Product.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
The quantity in stock will not take into account the orders that are yet to be processed. It may be that an order placed earlier will have the stock allocation that was displayed at the time you placed your order. There may be from time to time discrepancies with the inventory that may affect the accuracy of the stock status that is displayed on the website.
From time to time there may be limited quantity items on offer with regards to limited edition and/or exclusive products. The quantity for limited items currently stands at one unit per customer.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Promotions and coupon codes
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content, features and functionality are and will remain the exclusive property of In Focus Productions Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of In Focus Productions Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by In Focus Productions Pty Ltd.
In Focus Productions Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that In Focus Productions Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
In Focus Productions Pty Ltd 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 In Focus Productions Pty Ltd’s reasonable control.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
In Focus Productions Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us.
Shipping Australia Wide
Your package will be shipped express using Australia Post. Deliveries are normally received within 1-3 working days, depending on your location within Australia.
Shipping is FREE for all orders over $100, Australia wide.
Standard shipping within Australia is charged at a flat rate of $9.95.
Once your order has been dispatched you will receive an email containing your tracking number in order for you to track the progress of your delivery.
Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Likewise customers are responsible for paying any additional customs or duties charges that may be incurred on their order. In Focus Productions Pty Ltd will make every effort to deliver on time. However, we shall not be held liable for delayed or lost shipment. Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery, or if incorrect details are provided during the checkout process. When your order is shipped you will be sent an email confirmation which will include an order number and must be used when enquiring about your order.
Promotional and Discount Codes
Promotional and discount codes are only valid on full-price products only. The discount does not apply to SALE items or items which are already discounted.
Promotional and discount codes are not be used in conjunction with other promotional and discount codes. Only one promotional or discount code is allowed per order and must be within the terms of the offer.
Please note - we cannot offer exchanges or refunds on sale items. For items purchased with a discount or promotional code, we can offer exchange or credit note, but cannot offer a refund. This applies to both Australian and International orders.
In Focus Productions Pty Ltd reserves the right of refusal on all purchases that do not meet the Terms and Conditions above.
Return and Exchange Policies
Please note – All prices are in AU dollars and we are only selling and delivering in Australia. If you are from outside of Australia and would like to purchase items, please firstname.lastname@example.org with your location and the items you wish to purchase and we can send you the cost for delivery. We do not offer exchanges or refunds on SALE items. This applies to both Australian and International orders.
Please make your jewellery purchase carefully as we do not refund simply because you may not like it when you try it on. We suggest that you imagine yourself wearing the piece and consider it carefully before purchasing.
All our pieces are resizable which means they either stretch to fit your body, as with the rings and some bracelets, or they have an option for extending, as with the necklaces and some bracelets.
All of our jewellery is costume jewellery and are priced accordingly. We recommend gentle care of your pieces and that you do not wear them in water, whilst swimming or doing any aggressive activity. We also recommend gentle care when storing your jewellery. We do not sell gold or silver jewellery other than on rare occasions and it will be clearly defined as such.
It’s our aim for you to love every item you purchase from the ‘Big, Bold & Bodacious’ jewellery collection.
However, if you are not 100% satisfied with your new item, we are happy to exchange it for another item. We do not give refunds in these circumstances and this condition does not include sale items.
However, if your item arrives damaged, please follow the instructions below.
Conditions for Returns of Damaged Items – within Australia
There are a few simple regulations in order to return a damaged item:
1. Products must be returned within 14 days of purchase
2. Please take a photo of the damaged item
3. Attach the photo along with a description of the damage to: email@example.com
4. When you receive a reply from us, we will instruct you to purchase a prepaid plastic satchel at your local post office
5. Carefully and safely wrap the item in bubble wrap to ensure it’s safe arrival
6. Include the Australia Post receipt for the postage satchel in the package along with your invoice which came with the original parcel
7. Please hold onto the tracking number for your package once you have posted it
8. When we receive it, we will refund you the full amount along with the postage cost
This shall be refunded to the credit card or Paypal account which you used to purchase your items. Please note, Ludwina.com cannot be held liable for any items lost in transit, so keep that tracking number safe!
How to return an item you wish to exchange - within Australia
Please note that the following only applies to full priced items. Products on sale cannot be returned.
There are a few simple regulations in order to exchange an item:
1. Products must be returned within 14 days of purchase
2. They must be in the original condition, unmarked, unworn and not damaged
3. Please email us first at firstname.lastname@example.org and tell us why you wish to return it and what item you wish to replace it with. (It’s ideal to select at least two items in case one is not available when the return is processed)
4. When you receive a reply from us, purchase two prepaid plastic satchels at your local post office so you can use one to return your item and the other for us to send you the replacement item. (Postage is paid by you for exchanged items)
5. Carefully and safely wrap the item in bubble wrap to ensure it’s safe arrival
6. Please include the invoice that was attached to the package when you received it
7. Hold onto the tracking number for your package once you have posted it so you can track it’s travels
8. When we receive it, we will post the replacement item immediately in the satchel you provided us.
Please send all returns to:
BIG, BOLD & BODACIOUS
32 Macdonald Avenue,
ALTONA NORTH VIC 3025
If we are unable to deliver the item you ordered, the item is faulty/damaged or the item is not what you ordered, we will gladly refund you for the total amount of your purchase item, however associated shipping charges are excluded.
Refunds can only be credited back to the credit card or Paypal account that was used to make the original purchase. The refund will be processed as soon as the items have been received, however, please allow 14 days from the day you return the product for your account to be credited.
Important points to keep in mind:
- We only deliver using Australia Post.
- We do not offer any exchanges or refunds on SALE items or purchases made using a discount voucher or discount code.
- Refunds are given on full priced items only; this does not include any associated shipping charges from the original purchase or return.
- Exchanges can only be made if the chosen item is available.
If you have any queries regarding the returns and exchanges process, do not hesitate to contact Ludwina.com by email email@example.com. Alternatively, you can call us Monday-Friday, 8.30AM - 5.00PM (AEST) on 1300 309 739.