Terms of Services And Conditions -Shipping

Terms and Conditions

You have read and agreed upon placing your order.

We abide with and respect the Australian Consumer Law or any other Australian law

https://www.accc.gov.au/consumers/consumer-rights-guarantees

The underneath terms and conditions applies in addition to other rights and remedies you may have under the Australian Consumer Law or any other law.

For the named purchaser or buyer of the product to which this section applies (“you”), and is not transferable to any other person

You are entitled to a replacement, store credit, or refund for a major failure for the item/items you purchased. You are also entitled to have the goods repaired or replaced if the goods fail to be as per description, and the failure does not amount to a major failure.

We will provide you with a replacement (where available) or a store credit or a refund for the full amount of the purchase price if a replacement is unavailable.

Parts of the items are not available, but we may use one or more of brand new items and take it and sent it you. This applies if we still have similar item in our stock.

We will do our best to help you find parts in the market and give you directions.

When item is delivered to you and the package looks or is damaged, please do not accept it. Tell the delivery agent to take it back.

Tracking number for deliveries will be provided with most of our items and it will be sent to you as soon as possible after we receive it from the delivery agency.

The tracking number is as a "bonus" with your order and we may not provide any, if it is not available from the delivery agency or if the cost for it will mean a loss when it is calculated with the profit margin for this sale.

You can request tracking with your delivery -prior to placing order- and if it is not available for free as " bonus", we will let you know the cost and you will pay it as additional in your cart.

When an item on sale, has the option to add in your cart " tracking fees" it should be added in your cart if you wish to purchased it.

You have received the goods on the date the product is delivered to your nominated delivery address. Where no proof of delivery is available, you agree that is considered as delivered, 3 days from the date the goods are dispatched to you as per our records and notification sent to you.

Within 21 working dates you should notify us for " not received" with email, starting counting 3 days after " dispatch" notification. After that, claims for " not received " can't be accepted from the delivery agency.

Maximum time frame for delay is delivery is 5 weeks and applies to items that have this warning in the description.

Please always read the description and if you have doubts about something or the details are not clear enough, inquire before ordering or do not place an order with us.

Always buy online from websites like ours, only products that you know well, that you have or you have used in the past and you are fully aware for the quality, strength and durability.

With your order you agree with our terms and conditions and as per Australian Consumer Law relevant section.

Claims for not as expected, changed my mind, I didn't read details, I don't like it, I found it cheaper, are not accepted - See please the relevant section at the

Australian Consumer Law section at the website :

https://consumerlaw.gov.au/

Note : An item is considered delivered when we are able to provide tracked delivery proof.
Items may be left in front door if you were not at home for the delivery. Delivery agencies during and after “Covid” pandemic, are doing “ contactless delivery” and signature not required anymore.
Also a photo with items left at your address will be an extra proof of completed delivery.

If you worry about the delivery and want to be present, please make arrangements with the delivery agency via your orders tracking number. If you do not agree with that cancel your order within one hour .

Please, prior to making and order, do your own research to find the best and cheaper item for you. It is in your best interests. We do not guarantee or advertise the lowest price of items.

Orders can be cancelled within one hour. Starting from the time and date you placed your order and is recorded in our records.

That way we ensure that the item is held for you, but same time we don't have the chance to sell it to someone else. Also that way we have the ability to arrange for your item to get ready and dispatched as soon as possible so it can be delivered to you faster. Any delays will cause more lengthy time for expected delivery after dispatch. The process of receiving and arranging for an order, means costs for us have already started and more will be added until the day of delivery. Record keeping for all orders is mandatory as per Taxation Rules.

Read items description for any specifics regarding delivery time, or expected delays from manufacturer or supplier.

Administration fees 10% for items with prices over 100$ - ( minimum cancellation fees is 10$ for items under 100$ price ) may apply if we accept a cancellation after the one hour limit, for any reason we think is fair and right and of course as long is possible to stop the process of your order.

Notes and description in our website forms part of the “terms and conditions”

You agree to our terms and conditions of sale when you order from us.

We do not handle delivery and we can't interfere with the process.

In some rare occasions delivery agencies for various reasons beyond their control are not able to provide us with tracking info on time or they do not provide at all.

This can be a problem but unfortunately is not in our hands and you agree that you understand that.

All claims must be directed through Customer Service. Please obtain the correct return address from customer service, and this applies for claims in resolution centre in Paypal. Please do not return or post items before obtaining instructions from Customer Service - if you do, there is a risk that your returned item may not be identifiable and your claim may not be accepted. In order to make a claim, please be prepared to provide Customer Service with:

1. details of the defect or damage in relation to which you are making a claim.

2. photographic evidence of the defect or damage, where applicable;

3. your name, order number and any other proof you have and

4. any other details we may need to process your claim.

10. If you are entitled to make a claim under the terms and conditions and under the Australian Consumer Law , Customer Service will provide you with instructions as to how the goods are to be returned at our expense (you will either be reimbursed for standard postage or, for larger items, we will organise a courier to collect the item when it is possible to do so ). Unless otherwise required by law, you will bear any other costs incurred in making a claim under this warranty.

See more in our " Return and Refunds " section please.

Purchase the " extra" warranty when is available for an item to be covered more than 3 months.

Where a purchased item is damaged or defective at time of delivery, you must contact Customer Service before using the item. Customer Service will provide further assistance in relation to making your claim under this warranty.

12. You must comply with all return instructions provided to you via your registered email address when making a claim under this warranty.

13. Where goods returned under this warranty are found to not be defective, we reserve the right of reimbursement by you for retrieval or postage costs incurred by us in relation to the goods, and a re-stocking fee equal to 10% of the purchase price of the good paid (being our estimate of our reasonable costs incurred as a result). In such cases, you agree that we may hold your goods until such payment is received by us.

14. This section will not apply in circumstances where:

The goods have not been installed, maintained, operated or used in accordance with the manufacturer’s instructions or any other specifications provided with the goods or any other mentioned in description and photos;

2. where damage or defects are caused by deliberate or negligent misuse or abuse, physical alteration, fire, liquid spillage, use of incorrect voltage, power surges or dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, computer viruses, corrosive conditions or introduction by an insect, pest or other foreign body;

3. where damage results from any third party software or hardware not provided by us;

4. where items are lost or stolen; and

5. in relation to repairs of batteries, where the batteries have not been used in accordance with specifications or they expire by normal use.

Our liability under this section shall not exceed the amount of the purchase price of the goods or the replacement of the goods with the same or a similar product, and expressly excludes any additional or consequential loss or damage suffered by you or any third party to the fullest extent permissible by law.

16. In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law, we are not to be held liable for any loss or damage to the software or data, howsoever arising.

17. You should maintain a backup of all software and data stored on your devices. If you return media (such as a hard disc drive), whether separately or as a part of a larger electronic or computing product, to us for any reason, including for replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.

In general with simple words

What does the warranty not cover?

Improper handling of the product (Negligent unpacking)
Not following proper guidelines for installation
Intentional or unintentional damage to the product
Intentional or unintentional physical damage or cosmetic damages
Any damage or error that is not due to faulty construction.
Damage caused by unattended children or pets
Commercial use of non-commercial equipment (unless stated by the manufacturer)
Unsupervised use of the product

*In case of damage or fault occurs due to user’s negligence we do not cover the shipping cost for repair or replacement of the product

Any dates for delivery are a guide only. Your item may arrive earlier or later. These dates also do not take into account public holidays and are subject to change at the discretion of Australia Post or other agency that we may be using.

Please be aware that photos do not always show the exact color.

Buy only if you have or had same or similar item, or you have seen it at the shops or from a friend. You are aware of the quality and functions.

For any purchases with the purpose to resell to another person, or sending to someone else be aware that most of what mentioned in this section do not apply or other terms may be needed.

We strive to sell and deliver and be sure that will not turn down a reasonable argument. We want to build a good reputation and to see you again as a customer.

Mostly of conditions of sale is for the legal aspect and according to laws and regulations, but we see and respect the " humane " factor and we work with it in mind and we will take it in consideration.

Most buyers are reliable and honest but unfortunately is not always the case.

You are welcomed for suggestions or to mention any mistakes that you have noticed in this section.

It will be appreciated.

You agree with the above when you make an order with us.

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This website is operated by The owner and other persons as employees or other members of the family. Throughout the site, the terms “we”, “us” and “our” refer to owner.
We operate this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All big items are not assembled due to high posting fees. Like almost all sellers online and those selling via delivery most of the items need assembly

Example and not limited to, Furniture, exercise bikes, bikes, Ladders, Electronics, electrical and appliances.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall JolemarCo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless lolemarko and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at : use CONTACT US button in main home page

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