Terms of Use

Welcome to Lorna Murray Apparel.

Your access to and use of our website (https://lornamurray.com.au/) hosted by Shopify Inc (the Website), including your order of products through the Website, is subject to these terms and conditions and our Privacy Policy (available here), which together comprise our Terms of Use.

In these Terms of Use, a reference to we, us or our is a reference to Gingham Traders Pty Ltd ABN 47 642 110 898 trading as Lorna Murray.

Please note in particular the provisions in these Terms of Use relating to the rights you grant us to use content that you upload to the Platforms (clause 8), limitations on our liability to you (clause 11), and your agreement to indemnify us in the event of any breach by you of these Terms of Use (clause 12).

1. Accepting the Terms of Use

    (a) Please read our Terms of Use carefully before accessing or using the Website.

    (b) By accessing or using the Website, including by placing orders on the Website, you acknowledge that you have read and understood and agree to be bound by the Terms of Use.

2. Changes to the Terms of Use

    (a) We may change our Terms of Use from time to time. Any changes we make will be effective immediately upon our posting of the changes on the Website. Please check back from time to time to review our Terms of Use. By continuing to use the Website and/or by placing orders with us, you agree to be bound by the updated Terms of Use.

    (b) If you do not agree to be bound by the Terms of Use, or any updates to them, you must immediately cease using the Website.

3. Our Products

    (a) We will make certain of our products available for purchase on our Website.

    (b)To purchase our products, you must be of at least the age of majority in the country from which you are accessing our Website and purchasing our products. If you are not of the age of majority, then you must obtain the consent of your parent or legal guardian to purchase our products. Any such parent or legal guardian is responsible to us and is legally bound to these Terms of Use as if they had agreed to the Terms of Use themselves.

    (c) We reserve the right to, without prior notice and in our discretion:

         (i) change the prices and/or descriptions of our products by updating the prices and/or descriptions displayed for the products on our Website;

         (ii) correct any errors, inaccuracies or omissions on our Website, or cancel orders that have been affected by such errors, inaccuracies or omissions (even if you have already submitted your order);

         (iii) suspend, discontinue, terminate or cease the supply or availability of our products; and

         (iv) limit the availability of our products to particular territories or jurisdictions.

    (d) We will not be liable to you or any third party for taking any action described in clause 3(c).

    (e) You acknowledge and agree that:

         (i) we cannot guarantee the availability of products that we display for sale on our Website, and that there may be limited quantities of our products available for sale; and

         (ii) whilst we have made reasonable efforts to accurately display the features (including colour, shade and the like) of our products on our Website, as our products are handmade there may be natural variations, imperfections and slight differences between the products you actually receive and the corresponding products that are displayed on our Website. You acknowledge and agree that such variations, imperfections and differences are not faults and you will not be entitled to an exchange, return or refund of any products affected in this way.

4. No resale purchases

    (a) You may only purchase our products for personal, non-commercial use (including but not limited to personal purchases and gifting to family and friends).

    (b) You must not purchase our products for commercial purposes or for the purpose of re-sale, unless we agree otherwise in writing. By ordering products on our Website, you certify that you are not purchasing the products for commercial purposes or for the purpose of re-sale.
   
    (c) We may, in our discretion, place limits on, or refuse, orders:
         
         (i) that may be made per person or per order; or

         (ii) orders that we suspect, in our discretion, are placed by resellers, distributors, or otherwise for commercial or re-sale purposes.
 
    (d) If you wish to express interest in re-selling our products, you may lodge a request with us to consider by emailing us at lorna@lornamurray.com.au. You will not be permitted to re-sell our products unless and until we provide our express written consent for you to do so.

5. Conditions of use

You agree:

    (a) that you may be asked to provide proof of identity to access the Website or to purchase our products on the Website, and that your access to the Website or order of our products may be refused if you do not provide proof of identity when we request you to do so;
   
    (b) not to use another person's details without their consent;
   
    (c) not to use the Website in any way that is illegal, that will infringe the rights of any third party or that breaches these Terms of Use;

    (d) to ensure that all information and data you provide to us on the Website, including on your account, is correct, accurate and current;

    (e) not to attempt to exploit, alter, modify, reverse engineer or create derivative works of the Website or the materials on them;

    (f) not to copy, share or insert a link to the Website for the purpose of advertising or promoting yourself or any third party, or suggesting that you or a third party has a sponsorship, affiliation or other connection with us, unless you have our prior written consent to do so;
 
    (g) not to interfere in any way with the Website or the activities of other users, or to introduce computer viruses, spyware programs, or any software which may affect or compromise the security, availability or use of the Website; and

    (h) to comply with all laws, rules, and regulations applicable to your use of the Website and our products, including laws relating to copyright.

6. Refunds, exchanges and cancellations

    (a) We offer refunds on all full-priced and original condition purchases up to 14 days after the products are delivered to you (Refund Period). You must communicate all returned purchases via email within the Refund Period to lorna@lornamurray.com.au and must return them at your expense. Returned purchases must have swing tags still attached and be returned in original packaging. The return parcel must have your name (as the purchaser) enclosed and Web shop order number.

    (b) We only offer exchanges on non-sale items and where the products are being swapped for size or colour. The style and price must be the same. The exchange must be made within 14 days after the date the products are delivered to you and must be exchanged at your expense. The products must be in their original condition with swing tags attached and in their original packaging. The return parcel must have your name (as the purchaser) enclosed and Web shop order number.

    (c) You agree that you will bear the postage costs in the event of a refund or exchange.

    (d) Orders cannot be cancelled once the purchases have been processed and dispatched through our postal freight system.

    (e) Our refund, exchange and cancellation policies as outlined in this clause 6 do not limit rights you have under the Australian Consumer Law which by law cannot be limited or excluded.

7. Intellectual Property in Our Content

    (a) All trademarks, copyright, database rights and other intellectual property rights of any nature in the content, layout and design of the Website and our products (Our Content) are owned by or licensed to us. All our rights in respect of Our Content are fully reserved.

    (b) In consideration of you agreeing to these Terms of Use, we grant you a non-exclusive, royalty free, revocable, non-transferable, non-sublicensable licence to use the Website in accordance with these Terms of Use.

    (c) Nothing in these Terms of Use constitutes, or may be construed as, a transfer of any intellectual property rights in Our Content to you.

    (d) You must not reproduce, sell, license, or otherwise exploit Our Content, unless you have our prior written consent to do so.

8. Intellectual Property in User Content

To the extent we allow you to post, upload, transmit or otherwise make available any information, images, video, suggestions, comments, improvements, ideas, feedback or other data on the Website (User Content), you agree that:

    (a) you are solely responsible for the User Content that you post, upload, transmit or otherwise make available;

    (b) you will not share anything which you do not have the permission or right to share;

    (c) you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty free and sub-licensable licence to use, exploit, distribute, publish, and create derivative works from, all such User Content (excluding personal information) including for the purposes of advertising and marketing our website and the Services, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity;

    (d) you consent to the doing of any acts or making of any omissions by us that may infringe on your moral rights in User Content; and

    (e) the User Content that you post, upload, transmit or otherwise make available does not infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark, or other intellectual property rights.

9. Links to external websites

Our Website may contain links to other websites (Linked Websites) which we do not control. We do not make any representations or provide any warranties about the currency or accuracy of the content on those Linked Websites. We will not be liable for the content or privacy practices associated with Linked Websites.

10. Warranties

    (a) To the maximum extent permitted by law, we give no warranties or representations of any kind whether express, implied, statutory or otherwise about our Website or our products, including but not limited to any warranties or representations relating to the accuracy, adequacy, security or completeness of any information contained on the Website.

    (b) You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on the Website. To the extent permitted by law, we exclude liability of any nature for any losses which you may sustain as a result of such activity, including but not limited to any damage to your computer system, its software or any loss of data.

11. Limitation of liability

    (a) To the maximum extent permitted by law, we and our directors, officers, employees, contractors, agents and any other related persons, subsidiaries and related bodies corporate of any kind, will not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities arising in connection with your use of the Website or ordering of, or use of, our products.

    (b) We may restrict, suspend or terminate your access to the Website or any feature of it for security, operational or maintenance reasons without notice. We may revise the content of, amend links on, or withdraw access to, our Website without notice. We will not be responsible for any loss, cost, damage or liability that may arise as a result.
 
    (c) Nothing in these Terms of Use limits or excludes any guarantees, warranties, representations or conditions implied by law, including the Australian Consumer Law, which by law cannot be limited or excluded.

12. Indemnity
You agree to indemnify us, our directors, officers, employees, agents, and affiliates, from any and all claims, liability, damages and/or costs (Claims) arising from or in connection with your misuse of the Website or your breach of these Terms of Use, except to the extent we (or our directors, officers, employees, agents or affiliates) cause or contribute to the Claim.

13. Collections notice and privacy

    (a) We collect your personal information so we can provide our products to you.

    (b) Your personal information is stored by Shopify Inc on their servers.

    (c) We will use any personal information you supply to us when using the Website in accordance with our Privacy Policy. For a complete description of how we use and protect your personal information, please see our Privacy Policy at https://lornamurray.com.au/pages/privacy-policy.

    (d) If you object to us transferring or using your information as detailed in the Privacy Policy, you must immediately cease using the Website.

14. General

    (a) If any provision of these Terms of Use is held for any reason to be illegal or unenforceable, then that provision will be disregarded and will not affect the enforceability of the remaining provisions of these Terms of Use.

    (b) The laws in force in the State of New South Wales will govern these Terms of Use. You agree to submit to the non-exclusive jurisdiction of the courts of that State.

    (c) You may not assign or transfer your rights under the Terms of Use without our prior written consent. You agree that we may assign or transfer our rights under the Terms of Use, including to a subsidiary or affiliate or a third party that acquires our business.