Terms and Conditions

  1. About the Website
    1.1. Welcome to oakandwonder.com (the ‘Website’). The Website provides you
    with an opportunity to browse and purchase various products that have been
    listed for sale through the Website (the ‘Products’). The Website provides this
    service by way of granting you access to the content on the Website (the
    ‘Purchase Services’).
    1.2. The Website is operated by Oak and Wonder (ABN 45 392 941 557) . Access
    to and use of the Website, or any of its associated Products or Services, is
    provided by Oak and Wonder. Please read these terms and conditions (the
    ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies
    that you have read, understood and agree to be bound by the Terms. If you do
    not agree with the Terms, you must cease usage of the Website, or any of
    Services, immediately.
    1.3. Oak and Wonder reserves the right to review and change any of the Terms by
    updating this page at its sole discretion. When Oak and Wonder updates the
    Terms, it will use reasonable endeavours to provide you with notice of updates
    to the Terms. Any changes to the Terms take immediate effect from the date of
    their publication. Before you continue, we recommend you keep a copy of the
    Terms for your records.
  2. Acceptance of the Terms
    You accept the Terms by remaining on the Website. You may also accept the Terms by
    clicking to accept or agree to the Terms where this option is made available to you by
    Oak and Wonder in the user interface.
  3. Registration to use the Purchase Services
    3.1. In order to access the Purchase Services, you must first register as a user of
    the Website. As part of the registration process, or as part of your continued
    use of the Purchase Services, you may be required to provide personal
    information about yourself (such as identification or contact details), including:
    (a) Email address
    (b) Mailing address
    (c) Telephone number
    (d) Password
    3.2. You warrant that any information you give to Oak and Wonder in the course of
    completing the registration process will always be accurate, correct and up to
    date.
    3.3. Once you have completed the registration process, you will be a registered
    member of the Website (‘Member’) and agree to be bound by the Terms. As a
    Member you will be granted immediate access to the Purchase Services.
    3.4. You may not use the Purchase Services and may not accept the Terms if:
    (a) you are not of legal age to form a binding contract with Oak and Wonder;
    or
    (b) you are a person barred from receiving the Purchase Services under the
    laws of Australia or other countries including the country in which you are
    resident or from which you use the Purchase Services.
  4. Your obligations as a Member
    4.1. As a Member, you agree to comply with the following:
    You will use the Purchase Services only for purposes that are permitted by:
    (a) the Terms;
    (b) any applicable law, regulation or generally accepted practices or
    guidelines in the relevant jurisdictions;
    (c) you have the sole responsibility for protecting the confidentiality of your
    password and/or email address. Use of your password by any other
    person may result in the immediate cancellation of the Purchase Services;
    (d) any use of your registration information by any other person, or third
    parties, is strictly prohibited. You agree to immediately notify Oak and
    Wonder of any unauthorised use of your password or email address or
    any breach of security of which you have become aware;
    (e) access and use of the Website is limited, non-transferable and allows for
    the sole use of the Website by you for the purposes of Oak and Wonder
    providing the Purchase Services;
    (f) you will not use the Purchase Services or Website for any illegal and/or
    unauthorised use which includes collecting email addresses of Members
    by electronic or other means for the purpose of sending unsolicited email
    or unauthorised framing of or linking to the Website;
    (g) you agree that commercial advertisements, affiliate links, and other forms
    of solicitation may be removed from the Website without notice and may
    result in termination of the Purchase Services. Appropriate legal action will
    be taken by Oak and Wonder for any illegal or unauthorised use of the
    Website; and
    (h) you acknowledge and agree that any automated use of the Website or its
    Purchase Services is prohibited.
  5. Purchase of Products and Returns Policy
    5.1. In using the Purchase Services to purchase the Product through the Website,
    you will agree to the payment of the purchase price listed on the Website for
    the Product (the ‘Purchase Price’).
    5.2. Payment of the Purchase Price may be made through Stripe or PayPal (the
    ‘Payment Gateway Provider’)
    In using the Purchase Services, you warrant that you have familiarised yourself
    with, and agree to be bound by, the applicable Terms and Conditions of Use,
    Privacy Policy and other relevant legal documentation provided by the Payment
    Gateway Providers.
    5.3. Following payment of the Purchase Price being confirmed by Oak and Wonder,
    you will be issued with a receipt to confirm that the payment has been received
    and Oak and Wonder may record your purchase details for future use.
    5.4. Oak and Wonder may, at their sole discretion, provide a refund on the return of
    the Products within 30 days where the Product packaging is unopened and
    remains in a saleable condition. You acknowledge and agree that you are liable
    for any postage and shipping costs associated with any refund pursuant to this
    clause.
  6. Warranty
    6.1. Oak and Wonder’s Products come with guarantees that cannot be excluded
    under the Australian Consumer Law. You are entitled to a replacement or
    refund for a major failure of the Product 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 ‘Warranty’).
    6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
    defects and workmanship in the Products within 1 month from the date of
    purchase (the ‘ Warranty Period’).
    6.3. In order to make a Warranty Claim during the Warranty Period, you must
    provide proof of purchase to Oak and Wonder showing the date of purchase of
    the Products, provide a description of the Products and the price paid for the
    Products by sending written notice to Oak and Wonder at …… or by email at
    [email protected]
    6.4. Where the Warranty Claim is accepted then Oak and Wonder will, at its sole
    discretion, either repair or replace any defective Products or part thereof with a
    new or remanufactured equivalent during the Warranty Period at no charge to
    you for parts or labour. You acknowledge and agree that you will be solely
    liable for any postage or shipping costs incurred in facilitating the Warranty
    Claim.
    6.5. The Warranty shall be the sole and exclusive warranty granted by Oak and
    Wonder and shall be the sole and exclusive remedy available to you in addition
    to other rights and under a law in relation to the Products to which this warranty
    relates.
    6.6. All implied warranties including the warranties of merchantability and fitness for
    use are limited to the Warranty Period.
    6.7. The Warranty does not apply to any appearance of the supplied Products nor
    to the additional excluded items set forth below nor to any supplied Products
    where the exterior of which has been damaged or defaced, which has been
    subjected to misuse, abnormal service or handling, or which has been altered
    or modified in design or construction.
  7. Delivery
    7.1. You acknowledge that the Purchase Services offered by Oak and Wonder
    integrate delivery (the ‘ Delivery Services’) through the use of third party
    delivery companies (the ‘ Delivery Service Providers’).
    7.2. In providing the Purchase Services, Oak and Wonder may provide you with a
    variety of delivery and insurance options offered as part of the Delivery
    Services by the Delivery Service Providers. You acknowledge and agree that
    Oak and Wonder is not the provider of these delivery and insurance options
    and merely facilitates your interaction with the Delivery Service Providers in
    respect to providing the Delivery Services.
    7.3. In the event that an item is lost or damaged in the course of the Delivery
    Services, Oak and Wonder asks that you:
    (a) contact the Delivery Service Provider directly to request a refund or to
    claim on any insurance options available; and
    (b) contact us by sending an email to [email protected] outlining in
    what way the Products were damaged in transit so we are able to
    determine if the Delivery Service Provider should be removed from the
    Purchase Services.
  8. Copyright and Intellectual Property
    8.1. The Website, the Purchase Services and all of the related products of Oak and
    Wonder are subject to copyright. The material on the Website is protected by
    copyright under the laws of Australia and through international treaties. Unless
    otherwise indicated, all rights (including copyright) in the site content and
    compilation of the website (including text, graphics, logos, button icons, video
    images, audio clips and software) (the ‘Content’) are owned or controlled for
    these purposes, and are reserved by Oak and Wonder or its contributors.
    8.2. Oak and Wonder retains all rights, title and interest in and to the Website and
    all related content. Nothing you do on or in relation to the Website will transfer
    to you:
    (a) the business name, trading name, domain name, trade mark, industrial
    design, patent, registered design or copyright of Oak and Wonder; or
    (b) the right to use or exploit a business name, trading name, domain name,
    trade mark or industrial design; or
    (c) a system or process that is the subject of a patent, registered design or
    copyright (or an adaptation or modification of such a system or process).
    8.3. You may not, without the prior written permission of Oak and Wonder and the
    permission of any other relevant rights owners: broadcast, republish, up-load to
    a third party, transmit, post, distribute, show or play in public, adapt or change
    in any way the Content or third party content for any purpose. This prohibition
    does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
  9. Privacy
    Oak and Wonder takes your privacy seriously and any information provided through your
    use of the Website and/or the Purchase Services are subject to Oak and Wonder’s
    Privacy Policy, which is available on the Website.
  10. General Disclaimer
    10.1. You acknowledge that Oak and Wonder does not make any terms, guarantees,
    warranties, representations or conditions whatsoever regarding the Products
    other than provided for pursuant to these Terms.
    10.2. Oak and Wonder will make every effort to ensure a Product is accurately
    depicted on the Website, however, you acknowledge that sizes, colours and
    packaging may differ from what is displayed on the Website.
    10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
    representations or conditions implied or imposed by law, including the
    Australian Consumer Law (or any liability under them) which by law may not be
    limited or excluded.
    10.4. Subject to this clause, and to the extent permitted by law:
    (a) all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in these Terms are excluded; and
    (b) Oak and Wonder will not be liable for any special, indirect or consequential
    loss or damage (unless such loss or damage is reasonably foreseeable
    resulting from our failure to meet an applicable Consumer Guarantee),
    loss of profit or opportunity, or damage to goodwill arising out of or in
    connection with the Purchase Services or these Terms (including as a
    result of not being able to use the Purchase Services or the late supply of
    the Purchase Services), whether at common law, under contract, tort
    (including negligence), in equity, pursuant to statute or otherwise.
    10.5. Use of the Website, the Purchase Services, and any of the products of Oak and
    Wonder (including the Delivery Services), is at your own risk. Everything on the
    Website, the Purchase Services, and the Products of Oak and Wonder, are
    provided to you on an “as is” and “as available” basis, without warranty or
    condition of any kind. None of the affiliates, directors, officers, employees,
    agents, contributors, third party content providers or licensors of Oak and
    Wonder (including any third party where the Delivery Services are made
    available to you) make any express or implied representation or warranty about
    its Content or any products or Purchase Services (including the products or
    Purchase Services of Oak and Wonder) referred to on the Website. This
    includes (but is not restricted to) loss or damage you might suffer as a result of
    any of the following:
    (a) failure of performance, error, omission, interruption, deletion, defect,
    failure to correct defects, delay in operation or transmission, computer
    virus or other harmful component, loss of data, communication line failure,
    unlawful third party conduct, or theft, destruction, alteration or
    unauthorised access to records;
    (b) the accuracy, suitability or currency of any information on the Website, the
    Purchase Service, or any of its Content related products (including third
    party material and advertisements on the Website);
    (c) costs incurred as a result of you using the Website, the Purchase Services
    or any of the Products;
    (d) the Content or operation in respect to links which are provided for the
    User’s convenience;
    (e) any failure to complete a transaction, or any loss arising from e-commerce
    transacted on the Website; or
    (f) any defamatory, threatening, offensive or unlawful conduct of third parties
    or publication of any materials relating to or constituting such conduct.
  11. Limitation of Liability
    11.1. Oak and Wonder’s total liability arising out of or in connection with the
    Purchase Services or these Terms, however arising, including under contract,
    tort (including negligence), in equity, under statute or otherwise, will not exceed
    the most recent Purchase Price paid by you under these Terms or where you
    have not paid the Purchase Price, then the total liability of Oak and Wonder is
    the resupply of information or Purchase Services to you.
    11.2. You expressly understand and agree that Oak and Wonder, its affiliates,
    employees, agents, contributors, third party content providers and licensors
    shall not be liable to you for any direct, indirect, incidental, special
    consequential or exemplary damages which may be incurred by you, however
    caused and under any theory of liability. This shall include, but is not limited to,
    any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
    business reputation and any other intangible loss.
    11.3. Oak and Wonder is not responsible or liable in any manner for any site content
    (including the Content and Third Party Content) posted on the Website or in
    connection with the Purchase Services, whether posted or caused by users of
    the website of Oak and Wonder, by third parties or by any of the Purchase
    Services offered by Oak and Wonder.
    11.4. You acknowledge that Oak and Wonder does not provide the Delivery Services
    to you and you agree that Oak and Wonder will not be liable to you for any
    special, indirect or consequential loss or damage, loss of profit or opportunity,
    or damage to goodwill arising out of or in connection with the Delivery Services.
  12. Termination of Contract
    12.1. The Terms will continue to apply until terminated by either you or by Oak and
    Wonder as set out below.
    12.2. If you want to terminate the Terms, you may do so by:
    Your notice should be sent, in writing, to Oak and Wonder via the ‘Contact Us’
    link on our homepage.
    (a) notifying Oak and Wonder at any time; and
    (b) closing your accounts for all of the Purchase Services which you use,
    where Oak and Wonder has made this option available to you.
    12.3. Oak and Wonder may at any time, terminate the Terms with you if:
    (a) you have breached any provision of the Terms or intend to breach any
    provision;
    (b) Oak and Wonder is required to do so by law;
    (c) the partner with whom Oak and Wonder offered the Purchase Services to
    you has terminated its relationship with Oak and Wonder or ceased to
    offer the Purchase Services to you;
    (d) Oak and Wonder is transitioning to no longer providing the Purchase
    Services to Users in the country in which you are resident or from which
    you use the service; or
    (e) the provision of the Purchase Services to you by Oak and Wonder is, in
    the opinion of Oak and Wonder, no longer commercially viable.
    12.4. Subject to local applicable laws, Oak and Wonder reserves the right to
    discontinue or cancel your membership to the Website at any time and may
    suspend or deny, in its sole discretion, your access to all or any portion of the
    Website or the Purchase Services without notice if you breach any provision of
    the Terms or any applicable law or if your conduct impacts Oak and Wonder’s
    name or reputation or violates the rights of those of another party.
    12.5. When the Terms come to an end, all of the legal rights, obligations and
    liabilities that you and Oak and Wonder have benefited from, been subject to
    (or which have accrued over time whilst the Terms have been in force) or
    which are expressed to continue indefinitely, shall be unaffected by this
    cessation, and the provisions of this clause shall continue to apply to such
    rights, obligations and liabilities indefinitely.
  13. Indemnity
    13.1. You agree to indemnify Oak and Wonder, its affiliates, employees, agents,
    contributors, third party content providers and licensors from and against:
    (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
    damage (including legal fees on a full indemnity basis) incurred, suffered
    or arising out of or in connection with any Content you post through the
    Website;
    (b) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so and any breach by you or your agents
    of these Terms; and/or
    (c) any breach of the Terms.
  14. Dispute Resolution
    14.1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not
    commence any Tribunal or Court proceedings in relation to the dispute, unless
    the following clauses have been complied with (except where urgent
    interlocutory relief is sought).
    14.2. Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
    Terms, must give written notice to the other party detailing the nature of the
    dispute, the desired outcome and the action required to settle the Dispute.
    14.3. Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties’) must:
    (a) Within 14 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;
    (b) If for any reason whatsoever, 14 days after the date of the Notice, the
    Dispute has not been resolved, the Parties must either agree upon
    selection of a mediator or request that an appropriate mediator be
    appointed by the President of the Australian Mediation Association or his
    or her nominee;
    (c) 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;
    (d) The mediation will be held in Perth, Australia.
    14.4. Confidential
    All communications concerning negotiations made by the Parties arising out of
    and in connection with 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.
    14.5. Termination of Mediation:
    If 4 weeks 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 so.
  15. Venue and Jurisdiction
    The Purchase Services offered by Oak and Wonder is intended to be viewed by
    residents of Australia. In the event of any dispute arising out of or in relation to the
    Website, you agree that the exclusive venue for resolving any dispute shall be in the
    courts of Western Australia, Australia.
  16. Governing Law
    The Terms are governed by the laws of Western Australia, Australia. Any dispute,
    controversy, proceeding or claim of whatever nature arising out of or in any way relating
    to the Terms and the rights created hereby shall be governed, interpreted and construed
    by, under and pursuant to the laws of Western Australia, Australia, without reference to
    conflict of law principles, notwithstanding mandatory rules. The validity of this governing
    law clause is not contested. The Terms shall be binding to the benefit of the parties
    hereto and their successors and assigns.
  17. Independent Legal Advice
    Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent legal
    advice and declare the Terms are not against public policy on the grounds of inequality
    or bargaining power or general grounds of restraint of trade.
  18. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent
    jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
  19. Wholesale Agreement
    19.1. If you apply for a wholesale account, Oak and Wonder retains the sole discretion
    to approve or decline your account. You will be notified of the outcome of your
    application by the email address you provided, in a timeframe decided by Oak and Wonder.
    19.2. You must sell goods bought from Oak and Wonder at or above the retail price
    displayed on the Website, oakandwonder.com.
    19.3. When advertising our goods for sale, you must use the same images and descriptions
    that are displayed on our website, or a reasonable approximation thereof. If you wish to
    change the way the product is advertised, you must obtain written permission to do so.
    19.4. You otherwise agree to not display or advertise our products in a manner that is
    detrimental to our brand.
    19.5. Oak and Wonder reserves the right to terminate your wholesale account at any time,
    without providing specific reasons for doing so.
    19.6. Oak and Wonder reserves the right to update our wholesale prices at any time.
    Updated wholesale prices can be obtained by accessing the wholesale ordering form.
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