Thank you for shopping with Lady Petrova. We would like you to read our Trading Terms and Conditions carefully to ensure that you are fully aware of your rights when purchasing goods (the “Goods”) from our website. Access to and use of this Website and the Goods available through this Website are subject to the following terms, conditions and notices (the “Terms and Conditions”). By purchasing the Goods you are agreeing to all of the Terms and Conditions, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice to you.
The Terms and Conditions constitute the entire terms of the agreement between the Supplier and the Purchaser and is governed by the laws of the State of Victoria. The Purchaser may not sub-contract, assign or vary its rights under these Terms and Conditions without the prior written consent of the Supplier. In the event of any ambiguity, conflict or confusion between the purchase or written order issued by a purchaser for the supply of Goods, these Terms and Conditions shall prevail.
You must not misuse this website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
4. TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the Terms and Conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our returns policy below.
5. OUR CONTRACT
When you place an order, you may receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the Goods shall not be formed until your payment has been approved by us and we have debited your credit card or received payment in full. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
6. ORDERS, COST AND PAYMENT
No price list, range, book, catalogue or quotation given by the Supplier shall constitute an offer to supply goods to the Purchaser.
6.2. Any indent order for the supply of Goods must be in writing and shall not be binding upon the Supplier until accepted by the issue of an order confirmation which will detail all prices, the part of the order accepted, pricing and the proposed delivery date of the stock ordered (“Order Confirmation”).
6.3. The Order Confirmation may list suggested substitution of styles for styles not being produced or unavailable.
6.4. In season orders made by telephone, email or by our agents are done so in accordance with these Terms and Conditions.
6.5. All orders placed with the Supplier by the Purchaser shall be deemed to be an offer by the Purchaser to purchase the Goods subject to these Terms and Conditions.
6.6. Whilst every endeavour is made to maintain prices as quoted on the Order Confirmations if any movements occur after the date of acceptance in the relevant exchange rates, duty rates, tariffs, quotas or freight rates or any other factors beyond our control, the Purchaser reserves the right to amend the price to include a reasonable allowance for any movement in such rates, tariffs, quotas, freight rates or other such factors and all orders shall be subject to such price alterations up to the date of delivery of the goods.
6.7. The Goods supplied shall be as specified in the Order Confirmation.
6.8. At the Supplier’s sole discretion a deposit may be required or the Supplier may require payment by way of letter of credit against delivery.
7. PRICING AND AVAILABILITY
Whilst we endeavour to ensure all details, sizes, descriptions and prices on the Website are accurate, various types of errors may occur from time to time. If we discover an error in the price or payment of any Goods which you have ordered we will inform you of this as soon as possible. You may either confirm your order at the correct price or cancel it. If the order is cancelled and you have already paid for the Goods, you will receive a full refund. All prices are charged in $AUD. Orders shipped within Australian are inclusive of GST. Delivery costs, duties, levies, taxes, imposts and fees will be charged in addition
8. INTELLECTUAL PROPERTY, SOFTWARE AND CONSENT
The intellectual property rights in all software and content made available to you on or through this website remain the property of Lady Petrova or its licensors and protected by copyright laws and treaties around the world. All such rights are reserved by Lady Petrov
9. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Lady Petrova and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Lady Petrova’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Lady Petrova shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and/or any page of this Website.
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
12. SUPPLY OF GOODS OUTSIDE AUSTRALIA AND INTERNET SALES
Goods supplied under these Terms and Conditions must not be supplied by you to purchasers outside Australia, or to persons who operate internet sales stores or who conduct web based sales outside of Australia. You agree that you will state on any website or other method of obtaining orders for sale that the goods will not be supplied to customers outside Australia.
13.1. All goods are dispatched free on board from the Supplier’s warehouse unless prior agreements have been made in writing. All goods will be sent with our nominated freight carrier and the consignment note number and cost of freight will be added to each invoice sent with the goods.
13.2. Every attempt will be made by the Supplier to deliver the goods during the delivery window as advised on the Order Confirmation. In the event of any failure to deliver the goods during the delivery window does not give the Purchaser any right to terminate or alter any order confirmed.
13.3. Part orders of an Order Confirmation may be sent on a pro rata basis and the goods so delivered will be invoiced and must be paid as required by these Terms and Conditions.
13.4. The Supplier will deliver Goods to the address nominated by the Purchaser which will be listed on the Order Confirmation when reasonably practicable and the Purchaser will take delivery of goods when tendered. Any redelivery shall entitle the Supplier to charge a reasonable re supply fee.
13.5. The Supplier does not guarantee availability of Goods even if the goods are listed in an Order Confirmation.
13.6. The Supplier will not be liable for any loss or damage (including consequential loss or damage) arising from any delay in delivery or failure to deliver or delivery of defective goods. Any shortage or packing mistakes must be advised to the Supplier in writing within seven (7) days.
Lady Petrova may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
The Purchaser cannot return goods without a completed Return form. The correct procedure for the return of goods is as follows:-
- Contact the Supplier by email to lodge your intention to return goods;
- The Supplier will email you a Return Form for completion which must be sent back with the item;
- Upon receipt the Supplier will inspect the goods and process the order in accordance with our warranty obligations set out in this Agreement.
- If you have received Goods that have been incorrectly sent to you or you are sending back shop ready stock all packing, swing tags, bar code identifications in which the Goods arrived must be returned.
16. IMPLIED TERMS
The Purchaser agrees that all warranties expressed or implied by statute, common law, equity or trade custom or usage or otherwise howsoever are to the extent permitted by law excluded. Except only for those rights and remedies that the Purchaser has in respect of the Goods under the Competition and Consumer Act 2010 (the “CCA”), and any other similar Federal or State statute and which cannot be lawfully excluded, restricted or modified.
- the Goods are provided for use by the Supplier on an as is where is basis and all conditions and warranties, whether statutory or otherwise, are excluded in relation to the Goods.
- without limiting Clause 7 the Supplier warrants that it will provide the Goods with reasonable care and skill. The Supplier makes no express or implied representation that the Goods are fit for purpose or that the Goods will not cause harm or injury whether direct or indirect to any person who uses or otherwise comes in contact with the Goods whether directly or indirectly; and
- The Supplier is not liable to the Purchaser for any loss whatsoever, including any damage, loss, claim, liability, cost or expense (whether direct or indirect, consequential or incidental) loss of profit, revenue, anticipated savings, contract, opportunity or goodwill (the ‘Loss”) which the Purchaser suffers, incurs or is liable for in connection with the use of the Goods.
17.1. The Supplier reserves the right to charge interest on any outstanding sum in accordance with Clause 6, without notice to the Purchaser.
17.2. Should any payment made be dishonoured, you shall be liable to the Supplier for any dishonor fees incurred by the Supplier.
17.3. In the event that:
- The Supplier consider that there is a material risk that you will be unable to pay any amount owing to us and gives you notice of this opinion; or
- You fail to make due payment on any invoice supplied by us by the due date; or
- You are a an individual and you commit an act of bankruptcy; or
- You are a company and it has an administrator, manager, trustee, official manager or receiver, liquidator or any other person authorised to enter into possession or control of you; or
- You have a judgment entered against you in any court;
- A secured creditor seizes or takes possession of any collateral asset in your possession as a security obligation under a financing contract; or
- You enter an invoice finance or factoring arrangement without the Supplier’s written consent
this shall be a default.
17.4. In the event of a default, the Supplier may without prejudice to any other rights it may have do any or all of the following:
Seek the repayment of all monies accrued and owing by you and such amounts will become immediately due and payable without any demand being required;
- Withdraw credit facilities that may have been extended to you;
- Withhold any further deliveries of Goods;
- Suspend and or terminate the performance of any other orders that you may have;
- Cancel all rebates, discounts and like allowances allowed in respect of any unpaid invoices;
- apply as an offset any credits which may be due to you by the Supplier against any amounts owed by you to the Supplier;
- commence legal proceedings, including winding up proceedings, and recovery of legal costs on a solicitor and own client basis.
18. PURCHASERS WARRANTY
The Purchaser warrants that all information provided to the Supplier is accurate, and the Purchaser shall indemnify the Supplier against any Loss, claims, damages or expenses arising out of or in connection with any breach of this warranty.
You agree to indemnify, defend and hold harmless Lady Petrova, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms and Conditions.
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms and Conditions. Any waiver of any provision of the Terms and Conditions will be effective only if it is in writing and executed by Lady Petrova.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing via our CONTACT page.