BUYER TERMS OF USE

Table of Content

Welcome to Locally Crafted Australia’s website for buyers, where you can obtain information to assist with managing your relationship with Locally Crafted Australia, and its affiliates (each and collectively, “Locally Crafted”, “we”, “us” or “our”). Any person or entity (“Buyer”, “you” or “your”) who wants to purchase Products (as defined in Section 1) over Locally Crafted Australia’s platform or access or use this website must accept these Buyer Terms and Conditions (“Agreement”) without change.

BY USING THIS WEBSITE, YOU (1) ON BEHALF OF YOURSELF AND THE ENTITY THAT YOU REPRESENT, AGREE TO BE BOUND BY ALL TERMS OF USE OF THIS AGREEMENT, INCLUDING ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE; AND (2) REPRESENT AND WARRANT THAT YOU ARE EXPRESSLY AUTHORISED TO BIND BUYER TO THIS AGREEMENT.

User Agreement

1/ User Agreement

By using the locally crafted.com.au website (and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Terms of Use”) and our Privacy Policy. This Agreement is between you and Locally Crafted Australia (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

Specific Terms related to Sales

2/ Specific terms applicable to marketplace sales

In addition to selling its own goods and services, Locally Crafted Australia operates as a marketplace platform that allows independent, third-party sellers who abide by our standards to sell goods on our Website (“Members”). If goods on the site are being sold by a Member, the listing will contain all required product details in addition to any terms of sale specific to the Members goods (such as delivery timetables), delivered by the Member to us.

By buying goods sold by our Members, you are transacting directly with Locally Crafted Australia, upon the Member will send your products, directly to the shipping address provided by you. Locally Crafted Australia does not control any aspects of the shipping, listing content and accuracy or the quality of the goods. Locally Crafted Australia arranges shipping and acts as a first line of customer service in case you need assistance with a placed order.

To ensure a satisfied buying experience is achieved, Locally Crafted Australia monitors the shipping aspects to ensure provided shipping terms are respected, and has extensive Terms and Conditions with the Member in place, to cover an ongoing effort from the Member to deliver goods that are answering to the presented quality and descriptions of the listed goods.

In addition to terms applicable to goods we sell, these terms also set out terms applicable to goods sold by third party Members.

You agree that as a platform for independent Suppliers, we are not responsible for the transactions that occur between you and the Seller, nor are we responsible for the Member’s goods or services to the extent permitted by law, Locally Crafted Australia makes no warranty or representation regarding the standard of any goods or services to be supplied by the Supplier. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).

Registration & User Requirements

3/ Registration and User Requirements

You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.

Access & Use of the Website

4/ Access and use of the Website

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

You must not (or attempt to):
1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3. interfere (or attempt to interfere) with security-related or other features of our site; or
4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Information on Website

5/ Information on the Website

Information about goods on the Website is based on material provided by our Members, and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us.

You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

Disclaimer & Liability

6/ Disclaimer and Liability

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
1. errors, mistakes or inaccuracies on the Website or our social media pages;
2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
3. personal injury or property damage of any nature resulting from your access to or use of the Website;
4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5. any interruption or cessation of transmission to or from the Website;
6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
7. the quality of any product or service of any linked sites.

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a Member through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and a Member selling goods and services.

Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Indemnity

7/ Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

Placing Orders

8/ Placing Orders

You are responsible for any discrepancies or errors in your order caused by you.

The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase either:
- a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any of our Member’s terms and conditions at the price specified (including delivery and other charges); or
- goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).

Goods sold by Locally Crafted Australia are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.

When an order is placed, we will send the order to the Member for confirmation, at which time they may accept or reject your order. Where a Member rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by Locally Crafted Australia via email.

Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.

You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in the product's Return Policy.

In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.

Guest Checkout

9/ Guest Checkout

You can make purchases on our Website without creating an account by using our Guest Checkout.

When you use Guest Checkout, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.

Price, Payment & Use of Codes

10/ Price, Payment and Use of Discount/Coupon Codes

The prices of goods, delivery and other charges shown are in Australian dollars.

All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

A discount codes and coupons are only valid for a single transaction, and may not be used in conjunction with any other discounts. They are also subject to our fair use requirements, and where we reasonably determine that an individual is abusing the use of the discount code, we may cancel a transaction or that code (for example where the same individual use a discount code across multiple with multiple accounts).

Shipping & Delivery

11/ Shipping and Delivery

Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.

Our Members will use their best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, shipping service providers may suffer delays beyond anyone’s control. Please allow up to 30 days delivery (for standard and express post). Buying from Locally Crafted Australia’s platform does not incur any shipping fee or a minimum spend.

Members will not charge any rates for shipping on goods to you. Seeking payment for shipping costs from you is against our Suppliers’ Terms and Conditions and needs to be reported to us.

Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout. Each member determines if their products are eligible for express shipping. This information will be clearly indicated on the product page on our website.

For goods sold on and by Locally Crafted Australia, some orders may not require signature and will be left in a safe place at your delivery address in accordance with courier’s standard practices.

A signature may be required for some deliveries and some marketplace orders (depending on the individual Member’s requirements). You are responsible for ensuring you are able to accept delivery. Neither we, nor a Member will be responsible:
1. for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
2. for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item’s carrier:
3. for late delivery where attempted delivery has occurred on or before the stated delivery time-frames.

We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

As Locally Crafted Australia is concerned about Carbon Emission Footprint, we introduce a Carbon Emission Offset Tax. This tax is reflected under the Shipping Information on your invoice and is at this stage a calculated average. It is our purpose to bring forward a more precise calculation for each product; reflecting carbon emission made during item production, shipping, packaging and recycling. This charge will be assessed regularly to reflect current pricing for tCo2e. Any paid charge is 100% transferred to a carbon emission reducing fund/project by us. A page with more information about the project and how it assists reducing carbon can be found int he footer of the website. In the near future, you will be able to select your preferred project at checkout or by Locally Crafted Australia when checkout selection is absent or no selection was given.

Packaging & Labelling

12/ Packaging and Labelling

We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.

Change of Mind Returns

13/ Change of Mind Returns

Locally Crafted Australia and its Members will allow a return for refund or exchange where you have changed your mind, provided that the item in question is:

returned within 30 days of receiving order;
as new and is not used, worn, or opened and has all original packaging and tags in-tact (including any package seals (if any) being unbroken);
in a resalable condition; and
not damaged in any way.

We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.

To return your item for change or mind, you must follow our returns process (Claims / Product Return Page) . You will be responsible for the cost and risk of returning goods, including the cost of return shipping. If the item is not received by us or the Member, you will not be eligible for a credit or exchange. We recommend you insure high value items that you return for change of mind.

You may be provided with a product exchange, refund or store credit (at our discretion or at the discretion of the Member) only when the returned product is received, and it complies with the requirements of our conditions of returned items.

If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address.

Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available.

The following goods are excluded under this policy:

• Cosmetics & Beauty products (If the hygiene seal is broken)

• Pharmaceutical/Health products
• Perishable Goods & Food items
• Personal Care Items
• Pierced jewellery
• Mattresses, pillows, mattress and pillow protectors
• Gift cards, phone recharge or third party gift cards
• Media – Books and unsealed CDs, DVDs & Video Games
• Adult toys/sexual health products
• Personalised/Made to order Goods
• Earphones/Headphones (if the package has been opened)
• Large/Bulky items

Availability of Goods

14/ Availability of Goods

Locally Crafted Australia works with automated updates on product information reflecting accurate stocking quantities at our Members’ locations.

In the occurrence that items may be out of stock or are unavailable and we may not be able to fulfil all or part of your order, we may refund you the price paid for the items impacted, if we can’t fulfil your order for more than 14 days.

We may withdraw or suspend from sale any item displayed on the Website, either temporarily or permanently, at any time and without notice. Locally Crafted Australia will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular item.

Where an item which is the subject of an Order has been withdrawn or suspended from sale and your payment for the item has already been processed, we will refund any money paid to us.

Locally Crafted Australia reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and Locally Crafted Australia will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Return Policy.

Problems with your Goods

15/ Problems with your Goods

If you have a problem with your goods, please contact us via cs@locallycrafted.com.au or use the Claims / Product Returns form. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.

For goods purchased from any Member, for goods having a valid manufacturer warranty you can contact us. Locally Crafted Australia is your first line of customer service and sees to it that your purchase experience is satisfying.

You are responsible for the return of your goods unless it is unreasonable for you to do so (such as large or bulky items) and in such circumstances, we will arrange for them to be collected from you. Where we collect goods, you may still be required to assist us with the returns process (such as disassembling assembled items), and we will work with you to ensure this is as smooth and efficient as possible.

Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.

If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

Refunds will be issued using the payment method used for purchase. We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and claim type, this may take longer.

Defective Goods

16/ Defective Goods

All goods sold on Locally Crafted Australia (whether by us or any Member) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Any product warranty given by Locally Crafted Australia or any of its Members will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our Return Policy. This warranty only applies where specifically advertised in the product’s listing.

Goods that you purchase from our site may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by Locally Crafted Australia, and rights you may have in relation to those warranties are separate to any warranty rights given to you by Locally Crafted Australia.

Any complaint or dispute can be sent to cs@locallycrafted.com.au

We will investigate your dispute within 24 hours and give you updates on our progress.

Social Media & Content

17/ Social Media and Content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook, Instagram, LinkedIn, Pinterest, YouTub and Reddit page, Twitter feed, or forum or other like application or site that allows for the publication of user-generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.

You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.

As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains or links to viruses, malware, spyware or similar software; or
- impersonates any person or misrepresents your relationship with any person.
- We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
- You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Intellectual Property

18/ Intellectual Property

All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Locally Crafted Australia, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to our Members are used with permission and remain the intellectual property of the Member.

You may not:
- modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.22. IF you correspond OR otherwise communicate WITH us, you automatically GRANT TO us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence TO USE, copy, display AND distribute the content of your correspondence OR communication AND TO PREPARE derivative works of the content OR incorporate the content INTO other works IN order TO publish AND promote such content. This may include, but IS NOT limited TO, publishing testimonials ON our Website AND developing your ideas AND suggestions FOR improved goods OR services we provide.

Transfer & Assignment

19/ Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party.
- We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
- We shall be entitled to assign the benefit of any agreements we have with you to the third party.

General

20/ General

We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Privacy & Personal Information

21/ Privacy and Personal Information

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

Taxes

22/ Taxes

Our store will automatically charge and withhold the applicable goods & services tax for all orders.

Eco-Friendly, Sustainable and Locally Made Products

BUYER TERMS OF USE