Welcome to the Elliana.com.au website and online store. By using our website and/or purchasing our products, you accept and agree to our terms and conditions as outlined below.
Copyright
All content on this website (including but not limited to text, graphics, images, photos, icons, logos, audio clips, digital downloads, and software, is our property or the property of our content suppliers and protected by copyright laws.
You agree not to reproduce, copy, duplicate, sell, resell or exploit any portion of the website or access to the website or any contact on the website, without our express written permission.
Products
Product details (including but not limited to descriptions, photos, images, options and prices) are subject to change at any time without notice.
All colours within our photos, images and/or descriptions are to be used as a guide only and we cannot guarantee the accuracy of any colour. This is because each monitor, display device or screen may show colours differently to the intended colour.
We reserve the right to suspend or discontinue any product at any time.
Ordering
All prices are displayed in Australian Dollars. All prices and product details are subject to change without notice.
From time to time, we may provide coupon codes for discounts or free shipping. Eligible codes can only be applied to new orders by you entering the code in the relevant section during checkout. Codes cannot be applied to an order once an order has been submitted. We reserve the right to disable any further use of any code that has been previously made available.
We do our best to keep product information as accurate as possible, however in the unlikely event that you have ordered a product that has been listed with incorrect information, an incorrect price, is not in stock, or the product is no longer available, we reserve the right to remove any such product from your order regardless of whether or not the order has been confirmed or payment has already been made. If this occurs, we will contact you and we may provide you with alternative options as well as the option to cancel your order entirely for which you will receive a full refund if payment has already been made. Any refund will be issued using the same payment method that was used for the purchase.
We reserve the right to refuse service to anyone at any time without reason and we reserve the right to limit the quantities that can be purchased for any product.
You agree to provide current, accurate and complete purchase and account information for any purchases made.
Payment
Payment must be received in full (including but not limited to any taxes and delivery fees) before any orders will be processed and delivered.
Payment options provided are subject to change without notice.
Delivery
All purchases are eligible for delivery to an address within Australia and New Zealand.
We cannot guarantee any delivery time-frame for any order. Any delivery times provided to you or stated on our website are an estimate and are to be used as a guide only.
The legal ownership and risk in products ordered will pass to you upon delivery provided that all amounts owed to us are paid in full.
Please ensure that your delivery address is secure. We are not responsible for parcels that have been lost, stolen or damaged once it is confirmed that delivery has been made.
If an order is not able to be delivered due to the delivery address that you provided being incorrect, incomplete, or inaccessible, you may be required to pay for additional delivery charges.
Returns
Please choose products carefully. We do not offer refunds or exchanges for simply changing your mind.
For products that are damaged or faulty, or if you have received the wrong product, please contact us as soon as possible. We will then provide you with instructions to return the product for a replacement, repair or refund, depending on the situation.
Products with damage caused by reasonable wear and tear or misuse will not be considered for a replacement, repair or refund.
Please DO NOT send any product back to us until we have agreed to accept the product for return.
If a refund is processed, the refund amount will be applied back to the same payment method and/or card used for the purchase. If an e-gift card was used for the purchase, the refund amount will be applied back to the e-gift card.
e-Gift Cards
General discounts and offers do not apply to e-gift cards unless the offer is specifically for an e-gift card. However, e-gift cards can be used to pay for a purchase in conjuntion with another offer, if applicable.
Elliana e-Gift cards expire three (3) years from the date that the e-gift card was purchased.
e-Gift cards cannot be redeemed for cash and cannot be used to purchase another e-gift card.
Membership Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept full responsibility for all activities that occur under your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Reviews, Comments, Emails, and Content
If applicable, visitors may post and/or submit comments, reviews, questions, suggestions, ideas, or other content, as long as it is not illegal, defamatory, obscene, threatening, infringing of intellectual property rights, invasive of privacy, or otherwise injurious to third parties or objectionable and does not contain or include commercial solicitation, political campaigning, any form of "spam", or any malicious software (including but not limited to viruses).
You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information.
If you post content or submit material, and unless we indicate otherwise, you grant us and our associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, distribute, publish, create derivative works from, and display such content in any media throughout the world. You grant us and our associates and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you post; that the use of the content you supply is not in violation to this policy; that the content is accurate; and that the content will not cause injury to any entity or person.
We reserve the right (but not the obligation) to monitor and edit or remove any account, activity, or content.
We take no responsibility and assume no liability for any content posted by you or any third-party.
Disclaimer of Warranties and Limitation of Liability
This website, including the content that it contains is provided "as is".
We make no representations or warranties (express or implied) of any kind with respect to our website, and we hereby expressly disclaim any and all warranties (express or implied) of any kind with respect to our website, its operation, or the information or materials that it contains (including but not limited to the merchantability and/or fitness for a particular purpose.)
While we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of this site is accurate, complete, current, reliable, or error-free. If one of our products is not as described, your sole remedy is to return it in unused condition.
Our website may contain links to third-party websites. These are not owned or operated by us and you therefore acknowledge that we are not responsible for the content contained within those sites, nor the operation of those sites.
Our website may contain certain historical information. Any such historical information, may not be current and is provided for your reference only.
You agree that we (including but not limited to our employees, officers, directors and other representatives) shall not be held liable for any damages whatsoever arising from the use or operation of our website. You also agree that this limitation of liability is comprehensive and applies to all damages of any kind (including but not limited to direct, indirect, consequential, special, compensatory, punitive and incidental damages.)
General
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of these terms and conditions or any third-party's rights.
We reserve the right to vary these terms and conditions from time to time. When these terms and conditions are changed, we will publish them on our website and you agree that by doing so, you have been provided with sufficient notice of the variation. Once published, the terms and conditions will be in immediate effect.
The provisions in these terms and conditions are enforceable independently of each of the others and, if a provision is, or becomes illegal, invalid, void or deemed unenforceable by any court of competent jurisdiction, it shall not affect the legality, validity or enforceability of any other provisions. If any provisions are so held to be illegal, void, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
Failure or delay to enforce any provision of these terms and conditions shall not be deemed a waiver of future enforcement of that or any other provision.
You agree that the laws of Queensland, Australia, will govern these terms and conditions and any dispute of any sort that might arise between you and us or our associates.