Terms of service

Application of terms and conditions

a) If you purchase any goods via www.bellalucia.com.au (Website), you must agree to these terms and conditions (Terms).

b) These Terms are between Bella Lucia Pty Ltd (ACN 683 917 811) (We, Us or Our) and you.

Availability of Goods

a) We use reasonable efforts to ensure that all details, descriptions and prices of the goods which appear on Our Website (Goods) are accurate. However, listing errors may occur in relation to such details, descriptions and prices (Error). 

b) If We discover an Error in relation to any Goods which appear on our Website, We will endeavour to correct the Error as soon as practicable.

c) We reserve the right to update the availability, details, descriptions and prices of the Goods which appear on Our Website at any time without notice.

Orders

a) When you place an order for Goods via the Website (Order), you are making an offer to purchase those Goods and will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order.

b) When you place an Order, you must specify the address for delivery of the Order (Delivery Address).

c) We will send you confirmation by email that the Goods which you ordered have been dispatched to you (Dispatch Email), at which time a binding contract between Us and You is formed incorporating these Terms (Contract). Only those Goods listed in the Dispatch Email will be included in the Contract.

Pricing

a) All prices on the Website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.

b) The amount payable to Us for an Order (Order Amount) is the total of the sum of the price of each of the Goods ordered and include GST, and the cost of delivery (if any) for the delivery option You choose. Any such additional delivery charges are clearly displayed at the time You place an Order. 

c) We reserve the right to cancel any Order prior to dispatch where an Error is identified. In such case, We will promptly refund any amounts paid by You.

Payment 

a) Payment must be made in full at the time of placing your Order, using any payment method authorised on the Website, including but not limited to valid credit or debit cards, PayPal, or any approved “buy now, pay later” services. Once we receive your order, your selected payment method will be charged for the Order Amount as listed in the Confirmation Email. 

b) Your payment constitutes an offer to purchase the Goods. No binding agreement for the sale of the Goods arises until we accept your offer to purchase the Goods and issue a Dispatch Email.

c) You may cancel any Order prior to Us sending you the Dispatch Email. In such case, we will promptly refund any amounts paid by You.

Packing of Goods

a) We will take reasonable care in the packing of Goods to minimise the risk of damage to Goods in transit, using materials and methods that, in Our reasonable opinion, are appropriate for the Goods.

b) We will not be liable for any breakage or damage of the Goods occurring after dispatch, including during transit, where such breakage or damage arises from causes beyond Our control, including but not limited to mishandling by third-party carriers.

Delivery of Goods 

a) Unless requested otherwise by you prior to placing your Order, all orders in Australia are sent by ordinary post without insurance or tracking.

b) We use all reasonable endeavours to deliver the Goods to your Delivery Address within the timeframe indicated by Us at the time of your Order. However, We do not guarantee exact delivery dates or times.

c) We are not liable for any loss or damage incurred by any person as a result of delay or non-delivery caused by Our carrier that We have no control over or by any event which is out of Our reasonable control or foresight including but not limited to any delay or non-delivery caused by an incorrect Delivery Address being provided to Us.

d) Express post and tracking may be available at Our discretion, as indicated on the Website, at an extra cost to You in accordance with clause 4(a).

e) We do not accept liability for any loss of Goods in transit unless the Goods were insured by You at the time of dispatch.

f) Your Order is deemed to be delivered (Delivery) to the Delivery Address provided by you, on the earlier of:

• Where tracking is included with the delivery method selected by you, when it is marked as delivered, whether or not you are present to accept delivery; or
• Where tracking is not included with the delivery method selected by you, on 10 business days after the date of dispatch, following which, we will not be liable for any claim of non-delivery. 

Refund policy

a) We do not give refunds after issuing the Dispatch Email if you change your mind or make the wrong decision. 

b) To request a refund under clause 5(c), you must contact Us requesting to cancel your Order within a reasonable time prior to Us issuing you the Dispatch Email.

c) Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You may be entitled to a repair, replacement, or refund under the ACL. 

d) To request a repair, replacement, or refund under the ACL, you must contact Us within a reasonable time of Delivery and provide reasonable evidence of the alleged fault or failure of the Goods to comply with a consumer guarantee under the ACL.

e) If we determine the Goods constituting your Order do not comply with a consumer guarantee under the ACL, we will offer you a repair, replacement, or refund, subject to clause 9 and at Our election, unless otherwise required by law. In the event we offer you a repair, replacement, or refund under this clause 8(e), we may require you to return the Goods to Us at Our nominated postal address before issuing the repair, replacement, or refund.

Limitation on claims

a) We have no liability to the extent that Our performance of the Contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which We are prevented from or delayed in performing any of Our obligations, is beyond Our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

b) We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part.

c) Our liability for failure to comply with a consumer guarantee under ACL is limited to, in the case of Goods supplied by Us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply), or the repair of the Goods (or the payment of the cost of the repair).

d) Subject to clause 9(c), no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

e) In all other respects, Our total liability for loss or damage of every kind, whether:

• Arising pursuant to the Terms; or
• Arising in any other way out of or in relation to the supply of the Goods, their sale, delivery or the way they behave, and whether in tort or Contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to Us for the Goods.

f) To the maximum extent permitted by law, and except as otherwise stipulated in these Terms, We do not accept liability to you in respect of any indirect or consequential loss or damage which may be suffered or incurred by you in respect of Goods supplied pursuant to these Terms.

Warranty disclaimer
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

Intellectual property
Where applicable, the specifications and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property), where belonging to Us, remain Our property.

Title and risk
Title in the Goods constituting your Order does not pass to you until payment has been received and We issue the Dispatch Email. Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless that they are shipped with a third party.

Waiver
Any waiver of any provision of the Terms will be effective only if in writing and signed by Us. Without limiting the foregoing, if you breach these conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these conditions.

Entire agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Us.

Governing law
These Terms are governed by the laws in force in Victoria. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria.