1. General

1.1 These Terms for the Supply of Products (Terms) apply to all supplies of products (Products) by Dianne Richardson (referred to as we, us, our) to you, the individual or company, that is purchasing the Products made via our website at [peacewarrior.com.au] (Website).
1.2 By agreeing to these Terms you represent that you are over the age of 18.
1.3 These Terms may be amended or varied by us from time to time. You will be bound by the Terms that were in force at the time you ordered the Products.
1.4 You shall not order Products for the purpose of re-selling them including via your own website or store. If you would like to purchase Products for the purpose of re-sale, please contact us at admin@peacewarrior.com.au

2. Products

2.1 From time to time items that are listed as in stock may in fact not be and we reserve the right to withdraw any Product from sale without notice. If this applies to your order we will contact you to offer a refund, or discuss placing the item on backorder for you, or suggest a suitable available alternative.
2.2 Every effort is made to ensure that the Products correspond closely to the descriptions and images displayed on the Website. Sometimes due to variations in production runs, colour differences or computer or device screens, differences may arise. We are not responsible for slight variations in colour, embellishment or construction. Imperfections and variations should be appreciated and are consistent with our commitment to ethical, local and traditional production methods such as hand-printing with water-based colours.
2.3 Prices and colours of Products may change or vary and all Products are subject to availability.
2.4 We will not be liable for any loss or damage that you suffer as the result of any of the above occurring.

3. Orders

3.1 Your order for Products (Order) must contain your correct name, invoice address, delivery address, telephone number, email address, credit card details and any other details we or our payment merchant requires to process and deliver your order. You must promptly update this information if it becomes out of date.
3.2 By placing your Order with us, you offer to purchase the Products specified in the Order subject to these Terms. We may accept or reject any Order.
3.3 We may at any time cancel, vary or suspend all or some of the Orders you have placed without any liability to you:
(a) if you breach any of these Terms in respect of an Order;
(b) we have insufficient stock to fulfil your Order; or
(c) we do not deliver to your nominated delivery address.
3.4 If we reject an Order or cancel all or any part of an Order, you will be notified by email and we will refund any amount you have paid in advance for the Order.
3.5 While we try to be as accurate as possible with the information on the Website about Products, sometimes errors or omissions occur or we have to change or update information about our Products. If we correct an error or omission or make a change about a Product which may affect your Order, we will try to notify you of the correct information and you may cancel the Order without any obligation within 48 hours from the time of the notice. If you do not cancel your Order within the notice period your Order will be processed as per the corrected information.

4. Price and payment

4.1 The price payable for Products is set out on the Website and is in Australian Dollars (AUD). Your credit card, debit card or other payment account will be charged in Australian dollars.
4.2 The total price shown on the invoice will include all goods and services taxes and any other applicable taxes, delivery charges, insurance, customs charges and other charges affecting the price of the Products. You will be told about these additional costs and you will be given a total purchase price before you finalise your order.
4.3 You must pay the full price for the Products you order at the time you place your Order. Payment must be made using the online ordering facility and via the methods we offer on the Website.
4.4 Orders that exceed your credit limit will not be processed.

5. Delivery

5.1 We will deliver the Products ordered to the delivery address provided when you placed your Order. We are not liable for any loss or damage suffered if you have not provided the correct address or you have changed address after placing the order and not notified us of the correct address within a reasonable time period before the Products are despatched to you.
5.2 We work hard to ensure that all orders are processed in a timely manner and within our stated policy of up to 3 to 5 business days. You will be sent an email with tracking details once your order has been sent.
5.3 Australian deliveries: We cannot deliver to PO boxes and in some instances, it may not be possible to deliver to your address if you live in multi-dwelling premises such as apartments or townhouses.
5.4 International deliveries: Selected countries may qualify for PO box deliveries.
5.5 Unless you opt for express shipping and pay the additional fee, you should allow, from the date you place your Order, 5 to 7 business days for deliveries in Australia and approximately 15 business days for international deliveries. Delivery time will depend on the area and remote areas will take longer. Events such as holiday periods and weather may delay your delivery. If a suitable person is not available at the address specified when the delivery is attempted, your parcel will be returned to the courier’s dispatch centre and a card left with details of how to arrange a re-delivery. Such an event will add additional time to your expected delivery date.
5.6 Any delivery times notified to you are estimates only and we are not liable for late or non-delivery no matter what the reason.
5.7 We may, at your request, agree to postpone delivery of the Products to a time more convenient to you provided that you agree to pay to us any additional amount we incur in respect of such postponement and for storage charges.
5.8 Title and the risk of loss or damage to the Products passes to you on delivery of the Products to the delivery address. The person who takes delivery must be an adult and available at the specified delivery address to carefully check the unwrapped Product, sign and acknowledge receipt in a satisfactory condition.

6. Damaged Products

6.1 You must inspect all Products on receipt. If any products are defective or damaged, or if an order is incorrect or missing any items, you must notify us immediately giving details of the defect or damage or what is incorrect or missing. You must include a photograph of the Products to substantiate your claim and for insurance purposes.

6.2 We will replace the Products referred to in clause 6.1 with products up to the same value. If we cannot offer replacement Products, we will offer a refund for the Products which are damaged or defective or which were incorrect or missing an item.

7. Return of Products

7.1 Nothing in this clause affects your rights, if applicable, under the Australian Consumer Law which may not be excluded or varied by agreement.
7.2 If you are not satisfied with the Products and you cannot make a claim under clause 7.1, we will accept their return provided they are in the Products’ original packaging and condition and subject to proof that they are the Products you purchased from us. Products returned under this clause must be returned to our return address, specified on the Website, within 10 days of delivery to you. If we are satisfied that the Products have been returned in their original packaging and condition and with correct proof of purchase, we will give you a credit for the purchase price less any third party expenses we incurred in supplying the Products to you.
7.3 The Products must be returned in or with their original packaging, with all original accessories and contents and a copy of the relevant tax invoice, sent via signature service, fully insured, post or courier service.
7.4 We reserve the right to refuse to accept delivery of mail articles relating to returns and exchanges that do not comply with the above stated terms, or Products that have been damaged by abuse, improper or abnormal usage by you or a third party, or Products damaged by a repair provided by a person not authorised by us.
7.5 We do not take responsibility for Products damaged or lost in transit. Delivery charges relating to a returns or exchange process are your sole responsibility.
7.6 Except where required by law or in accordance with this clause, we are not obliged to accept any return of Products or pay the costs of their return. We reserve the right to refuse to accept any returned Products marked “Cash or cheque on delivery” or “More to pay”. If we do not accept the return of the Products, we will contact you in writing.
7.7 No refund will be payable to you until we have inspected the returned Products and determined that the terms of this clause have been satisfied.

8. Intellectual Property Rights

8.1 Unless otherwise stated, we own or are a licensee of the intellectual property rights in the Products and all materials, text and graphics related to, used on or connected with the Products. Except as necessary for using the Products or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no materials provided to you may be resold for profit, reproduced, adapted, uploaded to a third party website, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.

8.2 If you want to use any images or content from our Website or social media pages, you must obtain our prior written consent.

8.3 We are not liable for any damages or loss you suffer as a result of you using any image from the Website or social media pages.

9. Disclaimer

9.1 You must comply with all warnings, prohibitions and other notices for use of the Products provided by us in these Terms, when the Products are supplied to you or as otherwise notified to you or posted on the Website from time to time.
9.2 We are not liable for any damage or loss you incur, directly or indirectly, from the misuse or abuse of the Products.

10. Liability and indemnity

10.1 To the maximum extent permitted by law, all guarantees, terms, warranties, representations or conditions which are not expressly stated in this agreement or in a written warranty from us are excluded. If we are liable for breach of an imposed or implied guarantee, term, warranty, representation or condition, our liability is, at our option, to the extent permitted by law, limited to:
(a) the replacement of the Products or the supply of equivalent Products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent Products; or
(d) the payment of the cost of having the Products repaired.
10.2 To the maximum extent permitted by law, we are not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not we were aware that such loss or damage may occur.
10.3 You agree to indemnify us, our employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties arising out of your use of the Products in a manner for which they were not intended.

11. General

11.1 This agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
11.2 A notice given under this agreement must be in writing and sent to the recipient at the address specified on our Website for us, or given by you when you placed your Order, or such other address as notified from time to time.
11.3 If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of this agreement is not affected.
11.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.