LENA LEKKAS DESIGN – TERMS AND CONDITIONS AGREEMENT
1. Sale of Goods & Services
In consideration of the Covenants and Agreements contained in this Agreement, the parties in this Agreement agree as follows:
- 1.1 The Seller will sell, transfer and deliver to the Buyer the following goods, and perform the following services: Apparel, Accessories, Specialty Goods & Art.
- 1.2 The seller will provide the following services to the buyer: Apparel Design/Styling & Complementary Healthcare Coaching.
- 1.2a Your Timeline Therapy̘ Master Practitioner is a legal Complementary Healthcare Provider and not a licensed Medical Doctor, Psychologist, or Psychiatrist. The self-regulated holistic treatments and client-centred disciplines in which your practitioner is trained and in which he/she has experience include, consulting and coaching TimeLine therapy® techniques, Neuro-Linguistic Programming (NLP) and Hypnosis.
We will always provide only those services in which we have been trained, and if we find that we cannot help you, we will refer you to a licensed person who can assist you. During your sessions, we will use one or more of the following techniques: TimeLine therapy® techniques, Neuro-Linguistic Programming (NLP), Hypnosis and/or Meditation practice/techniques. - 1.2b Coaching Confidentiality. We keep all information we receive from you, confidential, and do not disclose it to persons outside our company. All client information is kept strictly confidential and is for our internal use only. (Importantly, we are required in some states to share information about child abuse with states that oversee such matters.) We only collect, hold, use and disclose sensitive information for the following purposes:
- ξ any purposes you consent to;
- ξ the primary purpose for which it is collected;
- ξ secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the above listed third parties as reasonably necessary to provide our services to you;
- ξ to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and ξ if otherwise required or authorised by law.
- 1.2c During the program or session you will receive follow-up support to assist you to get the results you want. However, discipline measures and self-care interests are completely up to you for results to show. You must also finish the program, attend every session, and go through the entire process all the way to the end. Session tasks must be fully completed. Processes, dedication and patience are a must & required. Two weeks may be required between sessions for the processes to integrate & results to show. Processing time may vary for each person.
- 1.2d Client Responsibility: Your Choice. While, during the session, we will offer you advice and other ways of looking at your problem and its solutions for your consideration, you hereby agree that whatever we discuss is only our perspective and is not binding upon you, nor is it a prescription. If you want to discuss our suggestions with someone else, you should discuss them with a licensed health care provider. It is your responsibility to confirm whether or not any changes we made produced the desired results. It is your responsibility to communicate your results to us. Our liability is limited to the amount paid to us for the coaching sessions.
- 1.2a Your Timeline Therapy̘ Master Practitioner is a legal Complementary Healthcare Provider and not a licensed Medical Doctor, Psychologist, or Psychiatrist. The self-regulated holistic treatments and client-centred disciplines in which your practitioner is trained and in which he/she has experience include, consulting and coaching TimeLine therapy® techniques, Neuro-Linguistic Programming (NLP) and Hypnosis.
- 1.3 The buyer will accept goods and pay for the Goods with the purchase price, paid by e-transfer as required in clause 5 of this Agreement.
- 1.4 The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified in this Agreement, the amount of any present or future use, excise or similar tax applicable to the sale of the Goods will be paid by the Buyer unless the Buyer provides to the Seller a tax exemption certificate acceptable to the applicable taxing authorities.
- 1.5 The Purchase Price is inclusive of Goods and Services Tax, but does not include transfer duty. The Seller will provide a valid tax invoice to the Buyer that complies with requirements imposed by the Australian Taxation Office.
2. Payment
- 2.1 The Buyer will make payment for the Goods at the time when, and at the place where, the Goods are received by the Buyer or, in the alternative, when any document of title or registrable bill of sale, bearing any necessary endorsement, is tendered to the Buyer.
- 2.2 The Goods will be deemed received by the Buyer when delivered to the Buyer. The method of shipment will be within the discretion of the Buyer. However, the Seller will only be responsible for the lesser of truck freight or rail freight to the Buyer.
3. Risk of Loss
- 3.1 The risk of loss from any casualty to the Goods, regardless of the cause, will be on the Seller until the Goods have been received by the Buyer. The Buyer will provide, at its expense, insurance on the Goods insuring the Seller’s and the Buyer’s interest as they appear, until payment in full to the Seller.
4. Warranties
- 4.1 THE GOODS ARE SOLD ‘AS IS’ AND THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Seller does not assume, or authorise any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods. The Seller’s above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
- 4.2 The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition. Further, the Seller disclaims any warranty as to the condition of the Goods.
5. Title
- 5.1 Title to the Goods will remain with the Seller until delivery and actual receipt of the Goods by the Buyer or, in the alternative, the Seller delivers a document of title or registrable bill of sale of the Goods, bearing any necessary endorsement, to the Buyer.
6. Security Interest
- 6.1 The Seller retains a security interest in the Goods until paid in full.
7. Inspection
- 7.1 Inspection will be made by the Buyer at the time and place of delivery.
- 7.2 Any refund will not include costs of delivery or installation/de-installation. Those costs will be borne by the Buyer.
8. Claims
- 8.1 Failure to provide notice of any claim within 10 days of delivery will constitute unqualified acceptance of the Goods and a waiver by the Buyer of all claims relating to the Goods.
9. Excuse for Delay or Failure to Perform
- 9.1 The Seller will not be liable in any way for any delay, non-delivery, or shipment default caused by labour disputes, transportation shortages, material delays, priorities, fires, accidents, or other causes beyond the Seller’s or its suppliers’ control. If the Seller, in its sole discretion, is prevented from delivering the Goods at the time specified or within one month after the date of an Agreement, the Seller will have the right to terminate this Agreement by written notice to the Buyer, which notice will be accompanied by a full refund of all sums paid by the Buyer pursuant to this Agreement.
10. Remedies
- 10.1 The Buyer’s exclusive remedy and the Seller’s limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
11. Cancellation
- 11.1 The Seller reserves the right to cancel this Agreement:
- 11.1a if the Buyer fails to pay for any shipment when due;
- 11.1b in the event of the Buyer’s insolvency or bankruptcy; or
- 11.1c if the Seller deems that its prospect of payment is impaired.
12. Notices
- 12.1 Any notice to be given or document to be delivered or emailed to either the Seller or Buyer pursuant to this Agreement will be sufficient.
- 12.2 Correspondences to hello@lenalekkas.com.au is required for Awareness and clarity of intentions of documents, notices or goods being delivered, either personally or sent by prepaid registered post to the address supplied, & must have authorisation from seller permitting the actions of the buyer beforehand. Any written notice or delivery of documents will have been given, made and received by the day of delivery if delivered personally, or by the third (3rd) consecutive business day next following the date of posting if sent by prepaid registered post within Australia. Overseas time frames may vary via post, Correspondence clarity, Authorisation and documented Agreements apply with Overseas Buyers also.
13. Additional Provisions
- 13.1 The are no returns for change of mind. In general, an incorrect size choice or choice is considered a change of mind. It is the responsibility of the buyer to make an educated decision based on the size chart supplied and request the seller’s non-bound suggestion if an inquiry is made to assist the buyer in making a choice. There is a no returns policy for undergarments and swimwear.
- 13.2 All products sold are subjected to a quality assurance (QA) check for sustainability and manufacturing compliance, and are accompanied by a QA sticker or authenticity check certificate. Any goods damaged in the activity of dressing or experimenting with an article’s capacity of use are not the seller’s responsibility and cannot be compensated. Any concerns or complaints must be communicated by email to hello@lenalekkas.com.au and be supported with photo evidence for the seller to determine the issue at hand for them to make non bound recommendations for the issue to be resolved.
- 13.3 Where in the case there is an agreement to deposits on an item of customisation or specialty service the buyer reserves the right to no refund. This is considered a change of mind in regards to any particular occurrences or reasons that may be presented. Any services or material expenses contributed to a change of mind speciality service & or customisation are considered expenses performed, and if they exceed the deposit made, they will be considered outstanding expenses towards the creation or preparation of the goods or services and deemed payable by the buyer, and an invoice issued.
- 13.4 Limited edition items are ineligible for a refund or credit.
- 13.5 The buyer is responsible for the care and respect of their goods. It is solely the buyer’s responsibility to respect and care for the product as recommended on the label or care certificates supplied. It is the merchant’s responsibility to include care instructions with the item, informing the purchaser how to care for their goods. There will be no refund if the goods are not cared for as suggested; however, non-bound advice can be given to repair or revive the goods if they are deemed valuable. Where possible, whether it is a customised product or not, inquiries can be made about restorations, which will also incur costs to be borne by the buyer/customer.
14. General Provisions
- 14.1 Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- 14.2 All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
- 14.3 The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
- 14.4 This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
- 14.5 This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the State of New South Wales.
- 14.6 If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finders of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
- 14.7 This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
- 14.8 This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
- 14.9a Time is of the essence in this Agreement. Upon purchase of the items or services, the buyer Agrees to the policies in this Agreement.
- 14.9b This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to the prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.
We may, at any time and at our discretion, vary these Terms and Conditions of Agreement, by publishing the amended Terms and Conditions on our site. We recommend you check our Site regularly to ensure you are aware of our current Terms and Conditions.
For any questions or notices, please contact us at Lena Lekkas Design, ABN: 74 593 591 793, Email: hello@lenalekkas.com.au, Last Update: June 2022