WEBSITE TERMS & CONDITIONS
This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.
Terms of Agreement for online trading between Prana & Grace (ABN 61 162 020 441) and The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to the following legally binding terms and conditions.
Please read them carefully before proceeding with a purchase on the website. You must accept these terms and conditions to access the e-commerce gateway and further make a direct purchase online.
PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in within the Website at thetime of purchase, subject to any subsequent notification of price by Prana & Grace to you in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. Prana & Grace accepts Visa and Mastercard. you warrant that you are an authorised user of the credit card used to complete payment in accordance with this clause 1.2.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by Prana & Grace. we will email you with confirmation of the receipt of your purchase order, and then acceptance by Prana & Grace will be upon your receipt of the email confirming despatch of the product in accordance with clause 3.4 and 3.5. Prana & Grace may reject your purchase order, and refund any payment made by you, at any time prior to your receipt of this acceptance by Prana & Grace.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian dollars only (AUD).
1.5 Prana & Grace may vary prices in the event of price changes or mistakes on reasonable prior notice to you. If Prana & Grace requests payment for increased prices, you may cancel the order by giving notice to Prana & Grace, which must be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by STRIPE Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption during the payment process. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet.
1.7 Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
1.8 Prana & Grace reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive products. The quantity per limited edition items currently stands at one unit per customer. It is a condition of this Agreement that you do not resell the Products to a third party.
1.9 The use of cookies on this Website - this Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.
1.10 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.11 Prana & Grace does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by STRIPE Systems for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.12 The Website is owned and operated by Prana & Grace. This Agreement supersedes all prior agreements and may be revised by Prana & Grace from time to time.
1.13 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
YOUR USE OF THE WEBSITE
2.1 You agree that you will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Prana & Grace’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
DELIVERY
3.1 Prana & Grace delivers to most destinations within Australia only
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST which is already included in the sale price of the garment.
3.3 Prana & Grace uses Australia Post's Express Post Mail Service to deliver products within Australia. This is a trackable service and your order confirmation will include the tracking number.
3.4 Prana & Grace’s freight charges are calculated using our automatic freight calculator and included within the cost of the purchased item unless urgent deliveries are required. Please note all international sales carry a flat fee which is converted to AUD.
3.5 Prana & Grace will use reasonable endeavours to arrange dispatch of the Product within a minimum of 3 working days of submitting the purchase order.
3.6 Expected delivery times are:
3.6.2 within Australia, 2-3 working days from time of dispatch.
3.7 Prana & Grace will not be liable to you for any loss or damage you suffer if the Product is not delivered within the time-frames set out in clause 3.6.
Please note: All packages sent to PO Box addresses (throughout Australia and Internationally), cannot be sent using a courier service. PO Box addresses can only be serviced using Australian Registered Post. If you prefer for your Product to be delivered using a secure courier service, please provide a physical postal address.
3.9 Australia wide couriers - all deliveries must be signed. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product.
3.9.1 If a courier service is requested within Australia, courier charges will apply based on weight and location. These charges are required to be paid in full prior to dispatch of goods.
3.9.2 If the product is delivered using a courier service, and there is no one at the delivery address to receive the Product, the Product will be returned to Prana & Grace. Prana & Grace is not liable for the refund of any courier charges involved. All packages delivered by courier need to be signed in order to accept the package. Should an ATR (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for missing packages left by the courier. If the Product is delivered using Australia Registered Post, and the recipient is not present to receive the Product, it will be delivered to the closest Australia Post outlet.
For international orders, DHL Express shall contact the recipient to arrange for a delivery time. The Postal company may attempt further delivery of the Product to You, however, if this is not effected Prana & Grace will arrange for the return of the Product to Prana & Grace and refund the price to You, less any shipping costs incurred by Prana & Grace, and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.
SITE LIABILITY AND INDEMNITY
4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 8 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.
YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS
5.1 You will be asked to accept this Agreement during the purchase process by ticking "I agree with Prana & Grace’s Terms & Conditions and Privacy Policy ". By ticking "I agree with Prana & Grace’s Terms & Conditions and Privacy Policy” you agree to the terms and conditions of this Agreement.
5.2 From time to time, this Agreement will be reviewed and may be revised. Prana & Grace reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer Prana & Grace.
WEBSITE AVAILABILITY
6.1 From time to time down-time, either scheduled or unscheduled, may occur. Prana & Grace will work within reason to ensure this amount of down-time is limited.
6.2 Prana & Grace will not be held liable for the consequences of any down-time.
6.3 Due to changing market forces and other extenuating circumstances that affect product availability and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
6.4 Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
6.5 Images displayed on this website should be regarded as illustrative and informational purpose only. We endeavour to display products as close to the physical colour/product as possible.
INTELLECTUAL PROPERTY
7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Prana & Grace.
7.3 Prana & Grace’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Prana & Grace.
7.4 All rights not expressly granted are reserved.
7.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Prana & Grace’s direct control and Prana & Grace accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Prana & Grace is entitled to require you to remove any link from another website to this Website which you install without obtaining Prana & Grace’s prior written consent.
WARRANTIES
8.1 You acknowledge that the Products require special maintenance. Prana & Grace will not be liable for any damage caused by any failure by You to maintain the Product properly.
8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
8.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, Prana & Grace does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
LIMITATION OF LIABILITY
9.1 To the fullest extent permitted by law, Prana & Grace’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Prana & Grace, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
9.2 Prana & Grace’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Prana & Grace has been notified of the possibility of such loss or damage.
9.3 You agree that Prana & Grace’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
FORCE MAJEURE
10.1 Prana & Grace 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 Prana & Grace’s reasonable control.
TERMINATION
11.1 Prana & Grace reserves the right to terminate this Agreement at any time.
11.2 Subject to clause 11.3, Prana & Grace shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
11.3 If the Product has not been delivered to You prior to any termination of this Agreement by Prana & Grace, Prana & Grace will refund to You any payment You have made prior to the termination.
MISCELLANEOUS
12.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
12.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Prana & Grace in writing.
12.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
12.4 The Agreement will be made on Prana & Grace‘s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
12.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
12.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
12.7 Prana & Grace may be notified by email at info@pranaandgrace.com
DEFINITIONS
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
" Prana & Grace " means Prana & Grace Pty Ltd (ABN 61 162 020 441).
"Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
"Website" means internet website with the URL www.pranaandgrace.com and associated websites.
"You" means the user of the Website (and "Your" has the corresponding meaning).