Terms and Conditions
General Terms and Conditions of Sale for www.tamarasheward.com.
These are the General Terms and Conditions of Sale (Conditions) for all products available for sale by Tamara Sheward trading as Tamara Sheward (“we”, “us” and when relating to us, “our”), including products available for sale on the website www.tamarasheward.com owned and operated by Tamara Sheward.
These Conditions apply to all transactions between the purchaser (“you”) and Tamara Sheward, including all quotations, offers, orders or sales. These Conditions (which will only be waived and varied in writing signed by Tamara Sheward) prevail over all conditions of the transaction to the extent of any inconsistency. Please read these Conditions carefully.By creating an account on the Website, checking the box marked “I Agree” or “I Accept” or otherwise completing a purchase with Tamara Sheward, you indicate that you have read, understood and agree to be bound by these Conditions. If you have any questions you may contact Tamara Sheward on her contact page www.tamarasheward.com/get-in-touch.
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Unless otherwise statement, the terms in these Conditions have the following meaning:
Agreement means your agreement with Tamara Sheward made on your acceptance (in accordance with these Conditions) of Tamara Sheward’s offer contained in these Conditions
Australia Post means Australia Postal Corporation
Conditions means these General Terms and Conditions of Sale, as updated or amended from time to time
Delivery Address means the address for delivery of products nominated by you at checkout
Delivery Service means Australia Post
Dispute means any dispute arising out of or in relation to this Agreement or these Conditions
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 belonging to Tamara Sheward, or to which Tamara Sheward is entitled, in relation to its business, products and the Website
Tamara Sheward means Tamara Sheward trading as Tamara Sheward
Notice means a notice in writing delivered by hand, post or email to the last-known address of the party to whom it is addressed
Parties means the parties to this Agreement
Purchase Price means the purchase price determined by Tamara Sheward for any product, inclusive of all applicable taxes, duties or levies (including GST)
Website means the website located at www.tamarasheward.com which is owned and operated by Tamara Sheward.
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While Tamara Sheward takes every care in collating and organising the content on the Website, including details, descriptions, textures, appearance, colours and prices of products which appear on the Website for sale, you acknowledge that errors may occur and that images of products may vary from the delivered product, depending on your monitor or screen, settings and computer type.
Unless otherwise stated, any additional products or accessories styled or shown in the product image are for display purposes only and are not included in the Purchase Price.
Tamara Sheward may elect not to fill any order (or part of an order) that you have placed where the Website contains errors or inaccuracies, including and without limitation to, errors, inaccuracies, or out-of-date information regarding pricing, shipping, payment terms, or return policies or where a product is out of stock.
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You agree to pay the Purchase Price for any product to Tamara Sheward.
Prices displayed on our Website are shown in Australian dollars (AUD).
Where the option is given to you, you may make payment by way of:
Credit Card payment;
Stripe; or
Any other method of payment accepted by Tamara Sheward from time to time.
In making any payment, you warrant that you have read, understood and agreed to be bound by these Conditions, the terms and conditions of any payment gateway or processor (such as Stripe) and the terms and conditions of any Delivery Service, which are available on their website.
You acknowledge and agree that payment of the Purchase Price is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution of is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that Tamara Sheward may immediately stop delivery of any products unless or until those costs are paid by you to Joanna Mary Author.
You agree and acknowledge that Tamara Sheward can vary the Purchase Price for any product at any time on notice, and that such notice is given by posting the updated price on the Website
Tamara Sheward may, at its option and without prejudice to any of its right, either suspend delivery, require payment in a particular form or terminate this Agreement by Notice to you where you:
Default on any payment due under this Agreement;
Commit an act of bankruptcy; or
In the case of a company, become subject to:
A petition, an order being made or a meeting being called to consider a resolution for you to be wound up, deregistered or dissolved;
A receiver, manager or administrator is appointed to all or any part of your property and undertaking.
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Tamara Sheward may exchange a product purchased by you in accordance with these Conditions, or otherwise within its absolute discretion. Unless otherwise stated in any other relevant document, exchanges are subject to the terms and conditions set out in these Conditions.
Requests for exchange must be made by contact form at www.tamarasheward.com/get-in-touch within fourteen (14) days of received the Product.
Where Tamara Sheward agrees to an exchange, you must return the item to Tamara Sheward in accordance with these Conditions, or otherwise in accordance with instructions provided by Tamara Sheward
Where Tamara Sheward agrees to an exchange, exchange is only available for products with a Purchase Price equal to or lesser than the Purchase Price of the original. The exchange value does not include any postage or handling fees.
Unless otherwise provided in these Conditions, you will be responsible for any additional postage or handling fees incurred by you in returning the item to Tamara Sheward, as well as any additional postage or handling fees incurred by Tamara Sheward in delivering the product on exchange. Tamara Sheward may choose to refund part or all of your postage costs within its absolute discretion.
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Tamara Sheward posts products within Australia only. Products are sent to the Delivery Address via ordinary post with Australia Post and are subject to their terms and conditions which are available on their website.
Tamara Sheward may post products internationally within its absolute discretion. Requests for international postage should be made by contact form at www.tamarasheward.com/get-in-touch prior to purchase and will be subject to additional postage You will also be responsible for any export, import or other taxes or duties that may apply. Tamara Sheward reserves the right to cancel and refund any order requiring postage outside Australia.
Tamara Sheward may post products using express or registered mail on Requests for express or registered mail should be made by email to email address prior to purchase and will be subject to additional postage costs. Tamara Sheward reserves the right to cancel and refund any order requiring express or registered delivery.
You agree to pay Tamara Sheward postage fees in the sum of $10.00 (minimum) in addition to the Purchase Price for orders up to 5kg in weight. Should your order exceed 5kg in weight, Tamara Sheward reserves the right, in its absolute discretion, to charge additional postage fees in accordance with the current fees and charges charged by the Delivery Service.
You acknowledge and agree that payment of postage fees or any other payments referred to in this clause (in addition to the Purchase Price) in accordance with this clause is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment of postage fees or other amounts is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that JTamara Sheward may immediately stop delivery of any products unless or until those costs are paid by you to Tamara Sheward.
You acknowledge and agree that Tamara Sheward can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
Tamara Sheward will endeavour to dispatch orders within four (4) business days of your order. You acknowledge and agree that handling times may vary and that Tamara Sheward will not be liable for any delay in dispatch of your order.
Products will be delivered in accordance with the Delivery Service’s estimated delivery times, which are available on their website.
You may track your order using tracking services provided by the Delivery Service. Where available, Tamara Sheward will provide tracking details once your order has been dispatched to the Delivery Service. Tamara Sheward is in no way responsible for the reliability or accuracy of any tracking service provided by the Delivery Service. Should you experience any issues with the tracking service, you must contact the Delivery Service
While Tamara Sheward endeavours to keep dispatch and delivery dates, any delay of dispatch or delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate this
Should circumstances beyond the control of Tamara Sheward prevent or hinder dispatch or delivery, Tamara Sheward will be free from any obligation to deliver products while such circumstances continue. For as long as such circumstances exist, Tamara Sheward may, at its option, cancel, rescind or terminate all or any part of this Agreement or keep the Agreement on foot until such circumstances have ceased. Such circumstances beyond the control of Tamara Sheward include, but are not limited to: strikes, lockouts, rebellions; flood; fire; extreme weather events; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology.
In the event of non-delivery, you must contact Tamara Sheward within five (5) business days of the estimated date of delivery (calculated in accordance with this clause). Non-delivery issues will be lodged with the Delivery Service for investigation in accordance with their terms and conditions.
It is your responsibility to ensure that you supply Tamara Sheward with a current, accurate and accessible Delivery Address and that products can be delivered to the Delivery Address. Tamara Sheward will not be responsible for any incorrect or failed delivery due to your failure to provide a current, accurate and accessible Delivery Address.
If a product is undelivered due to your error and returned to Tamara Sheward, any further postage fees incurred by Tamara Sheward for arranging the return of the product and the re-shipping will be payable by you prior to the product being re-shipped. Tamara Sheward reserves the right, in its absolute discretion, to terminate this Agreement and issue a refund or replacement of your order in accordance with these Conditions.
If a product is deemed undeliverable, it may be disposed of in accordance with the Delivery Service’s terms and Tamara Sheward will not be responsible or liable in any way for the sale, destruction or other disposal of the product.
In the event of products lost or damaged in transit, you agree that Tamara Sheward’s liability will be limited to that which it is able to recover from the Delivery Service, less its reasonable costs of investigating and applying for any compensation, unless otherwise required by these Conditions.
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Risk in the products will pass to you upon delivery of the products to you. If you have authorised Tamara Sheward and its agents or a Delivery Service to leave products unattended at the Delivery Address, the order will be deemed delivered on leaving the order at the Delivery Address.
Where, in accordance with these Conditions, Tamara Sheward accepts return of any products, risk in those products will revert to Tamara Sheward upon delivery of the products to Tamara Sheward.
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These Conditions do not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.
Our products come with guarantees that cannot be excluded under the Australian Consumer. You are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision of products by Tamara Sheward on the Website, which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. Tamara Sheward does not exclude these rights but does exclude all other conditions and warranties implied by custom, law or statute. The terms in these Conditions that seek to modify, exclude or limit Tamara Sheward’s liability will apply to the maximum extent permitted by law. These Conditions must be read and construed subject to any such statutory
To the extent permitted by law, where Tamara Sheward makes a supply of products to you for the purposes of the Australian Consumer Law, if Tamara Sheward or any of its employees, sub- contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law (other than a guarantee under section 51, 52 or 53), then Tamara Sheward’s liability for breach of the guarantee is limited, at Tamara Sheward’s option, to:
replacement of the products or the supply of equivalent products;
repair of the products;
payment of the cost of replacing the products or acquiring equivalent products; or
payment of the cost of having the products repaired; or
such other remedy as is fair and reasonable in the circumstances and which Tamara Sheward is ready and willing to provide and in any case, Tamara Sheward will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
In circumstances where the Australian Consumer Law does not apply, Tamara Sheward excludes all liability for any and all loss or damage suffered by you or any other person in any way connected with a purchase or the Website and will only provide a remedy if:
Tamara Sheward is unable to continue to provide the product;
Tamara Sheward makes a decision, in its absolute discretion, that it is reasonable to do so under the circumstances; or
otherwise in accordance with these Conditions.
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This refund policy is additional and supplementary to the rights stated in relation to the Australian Consumer Law above and does not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.
If you are unhappy with your order, you may return the product in exchange for a product with the same or lesser Purchase Price or refund of the Purchase Price (less postage fees) within fourteen (14) days of purchase. Tamara Sheward will not offer a refund on purchases where you have changed your mind or made an incorrect choice, whether before or after delivery, so please choose wisely.
If products are damaged in your possession, Tamara Sheward will not be responsible for repair, replacement or refunds of the products (see clause, Risk).
If you receive a damaged of faulty product, you must email contemporaneous photographs to www.tamarasheward.com/get-in-touch within fourteen (14) days of purchase unless your order is delivered after that date, in which you must email within fourteen (14) days of delivery. Where Tamara Sheward is satisfied of a legitimate claim, Tamara Sheward will offer you the choice of: a refund, exchange (see clause, Exchange). Tamara Sheward may, in its absolute discretion, agree to provide a remedy combining the above options.
To claim your refund or exchange in accordance with this clause, you must post the product to Tamara Sheward at the address nominated by Tamara Sheward within five (5) days of lodging a claim with Tamara Sheward. Products must be posted with a return code supplied by Tamara Sheward. You are responsible for all postage costs associated with returns. Where Tamara Sheward is satisfied of a legitimate claim for a damaged or faulty product, Tamara Sheward will reimburse postage costs using the same method as was used at checkout. In order for postage costs to be reimbursed, you must include your postage receipt with the returned product or email a copy of your postage receipt. We recommend that you track and/or insure your delivery, as Tamara Sheward will not be liable if the product is lost or damaged in transit (see clause, Risk).
Returned products (other than products found to be damaged or faulty by Tamara Sheward) must be unopened and in their original packaging. Failure to return products in this condition will result in the products being returned to sender and a claim for any further postage costs incurred being You are responsible for all postage costs associated with such returns.
Once we have received a returned product, an exchange, store credit or refund (in accordance with these Conditions) will be processed within seven (7) business days.
For exchanges, and refunds not processed within seven (7) business days, please follow up by email to www.tamarasheward.com/get-in-touch. You agree and acknowledge that Tamara Sheward will not be liable for any delay in processing of an exchange or refund.
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All Intellectual Property Rights in the Website, its contents and products are owned by Tamara Sheward.
You acknowledge and agree that all Intellectual Property Rights owned by Tamara Sheward before and after this Agreement will remain the sole property of Tamara Sheward and that nothing in this Agreement transfers any ownership in Intellectual Property Rights to you.
You agree not to copy, share, distribute, disclose or otherwise infringe on any of Tamara Sheward’s Intellectual Property.
Subject to the balance of this clause, Tamara Sheward grants you a worldwide, non-exclusive, royalty-free, revocable license to share photographs and images of Tamara Sheward’s products on social media on the condition that you credit the photograph or image to Tamara Sheward by tagging Tamara Sheward on the social media platform or such other method as Tamara Sheward agrees to in writing. Tamara Sheward’s social media handles are available on the Compliance with this condition is an essential term, any breach of which will amount to a breach of this Agreement and will entitle Tamara Sheward to immediately revoke the licence and claim a remedy from you, including damages for loss or an account of profits.
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If a Dispute arises out of or relates to this Agreement or Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless this clause has been complied with (except where urgent interlocutory relief is sought).
A party to this Agreement claiming a Dispute has arisen, must give Notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the
On receipt of that Notice by that other party, the Parties to the Agreement must:
Within thirty (30) days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Victoria,
All communications concerning negotiations made by the Parties arising out of this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do as requested.
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Tamara Sheward takes your privacy seriously and any information provided for the purpose of establishing this Agreement is subject to Tamara Sheward’s Privacy Policy, which is available on the Website.
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It is your responsibility to ensure that any product you purchase is appropriate for your own use and specific situation. You must ensure that you carefully read the product title, details, description and all disclaimers before purchasing anything from the Website.
To the extent permitted by law, Tamara Sheward disclaims all responsibility and liability for any loss or damage, however caused, suffered by you or any other person, in relation to the Website and any products sold on the Website.
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Any advice, recommendation, information, assistance or service given by Tamara Sheward in relation to products sold or manufactured by Tamara Sheward or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and Tamara Sheward does not accept any liability or responsibility for any loss suffered as a result of your or any other person’s reliance on such advice, recommendation, information, assistance or service.
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Both parties confirm and declare that:
they have read and understood the Conditions;
the Conditions are fair and reasonable;
they have taken the opportunity to obtain independent legal advice or, having been afforded the opportunity to obtain independent legal advice, have chosen not to do so;
they have been afforded the opportunity to negotiate changes or amendments to the Conditions; and
the Conditions are not against public policy on the grounds of inequality or bargaining power.
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Tamara Sheward reserves the right, in its absolute discretion, to review and change these Conditions by updating this document. You agree that notice of the amended Conditions will be given to you by posting a copy on the Website or otherwise make a copy of it available to you, and that changes to the Conditions take immediate effect from the date of notice. Before you continue, we recommend you keep a copy of the Conditions for your records
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If any part of these Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Conditions shall remain in force.
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This Agreement may be terminated and performance of services or delivery of products cancelled at any time by Tamara Sheward on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, Tamara Sheward will refund any amounts paid by you in respect of undelivered products.
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This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to this Agreement or Conditions, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement or Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Conditions shall be binding to the benefit of the Parties and their successors and assigns.