Terms of Service

WEBSITE TERMS AND CONDITIONS 

These are our Terms of Service (“Terms”) which apply to all customers of La Mira (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms, conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately you won't be able to purchase any of our products online. 

 THINGS YOU NEED TO DO BEFORE YOU PURCHASE

 Before you buy anything from our Website, there are a few things you should know:  

  • please give us complete and accurate information, and let us know if anything changes; 
  • you need to use any special offers, gift codes or coupons at the time of purchase - they can't be applied after the fact; and 
  • once you place an order, we may not be able to cancel it, as it will have already been processed and paid for by us. 

ACKNOWLEDGEMENTS YOU MAKE WHEN PURCHASING ON OUR WEBSITE

 Whilst we aim to do our best, please be aware that there could be: 

  • occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions; 
  • colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products; 
  • delays if you have ordered multiple Products, including pre-order and in stock items, as they will be shipped to you together; and  
  • some Products with limited quantities, and some sales that are limited to certain regions or groups of people. 

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.  

If you are making payments for Products in installments, you authorize us to deduct all accrued and outstanding fees from your credit card or debit card provided. 

 THINGS YOU NEED TO KNOW AFTER YOU PURCHASE ON OUR WEBSITE 

 After purchasing something from our Website, there are a few more things you should know:  

  • if you have issues with late, stolen, or damaged deliveries, please contact Australia Post or the courier company directly; 
  • please follow the manufacturers or our instructions in relation to the Product; 
  • if you have any issues with the Product and require a refund, please contact us via email at within 48 hours; 
  • please ask our prior written consent before publishing any information about us; and 
  • if there is a dispute, please keep all communications confidential. 

 THINGS WE WOULD LOVE YOU TO DO AFTER PURCHASING

We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us! We might even use them for marketing and information purposes, publications, exhibitions and professional awards across print or digital mediums, including our social media channels. 

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but don't want us to use it, it is your responsibility to notify us immediately at hello.lamira@outlook.com.au

 OTHER MATTERS YOU SHOULD BE AWARE OF 

 WE MAY CHANGE INFORMATION ON OUR WEBSITE

 Except as required by law, we may change shipping information, availability, Product information, prices, promotions and any other information on our Website.  

 WE MAKE DELIVERIES AT YOUR OPTION AND COST

The areas we deliver to are those that are published on our Website. These areas may change from time to time as we are able to service a larger area. We will process your delivery upon receipt of payment and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your location and any selected delivery option. Any international customers are responsible for any custom and import duties. The delivery times for international shipping may also vary depending on Australia Post International and any border or government restrictions.  

 WE COMPLY WITH THE AUSTRALIAN CONSUMER LAW

Our 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, 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. 

Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds except as required under the Australian Consumer Law. For example, we do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information. 

 IF WE NEED TO CANCEL YOUR ORDER, WE WILL PROVIDE A REFUND 

On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission.  

WE CAN REFUSE TO SERVE YOU AND SELL PRODUCTS AT ANY TIME 

We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement. 

LIABILITY AND INDEMNITY  

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product. 

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:- 

  • the replacement of the products or the supply of equivalent products; or 
  • the payment of the cost of replacing the products or of acquiring equivalent products. 

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for. 

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement. 

FORCE MAJEURE 

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. 

IF THERE IS A DISPUTE  

 In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 

 OTHER  

 This Agreement is to be construed in accordance with the laws of SA, Australia, and you and we submit to the jurisdiction of the courts of SA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement. 

 DEFINITIONS  

 Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). 

 Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.  

Force Majeure Event means any event beyond our control which prevents us complying with our obligations under this Agreement, including, but not limited to any pandemic, "Act of God" such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder, or acts or threats of terrorism or electrical failure, changes to regulations, travel limitations, or weather events.  

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.  

 Products means any product available through our Website, and includes any of our bags made of cotton, terry, fuzz, often with inner quilting, or laptop cases, totes, mini totes, saddle bags, wallets, keychains, pencil cases, camera bags, insulated lunch cooler bags, hair tool bags. 

We, us, or our means Astala Luna Pty Ltd [ABN 72654138280] and includes any of our directors, officers, employees, agents, partners, and contractors. 

Website and Services means https://astalaluna.com.au/, and everything available on this website including, but not limited to, all Products and any services. 

 WEBSITE TERMS OF USE

These Terms of Use govern your access, the use of our website and the services our website provides. You are agreeing to these terms and conditions and any other policies we publish or link to on our website; we like to call this an "Agreement". If you don’t agree to our Agreement, we kindly ask that you shop elsewhere. Just know that if you breach our Agreement, we may need to terminate your use of our website. We may also change, suspend or stop providing our website at any time, but we'll always try to let you know if that's the case.  

 YOUR OBLIGATIONS WHEN USING OUR WEBSITE  

TO PROVIDE CORRECT INFORMATION AND COMPLY WITH THE LAW

Firstly, please provide us with current and accurate information when filling out any of our opt-in or other forms. It is also important that you comply with the laws of WA and Australia when you use our website, including, but not limited to, all intellectual property and cybercrime laws. If you're accessing our website from outside of Australia, please make sure to also comply with all the relevant local laws. 

TO ONLY MAKE PERSONAL AND NON-COMMERCIAL USE OF OUR CONTENT

Next up, please only use the website and its Content for your personal and non-commercial use. We own or license the Copyright in all Content on our website, and any other use is prohibited unless permitted by law, or with our prior written permission (which you can request by emailing info@astalaluna.com.au). All trademarks on our website belong to their respective owners. 

TO USE THIRD PARTY SOFTWARE OR LINKS AT YOUR RISK

If you choose to use third-party software, links or other tools to enhance your experience on our website, please do so at your own risk. We provide the links for your assistance only, and we have no control over those other sites or their content. We do not endorse them in any way, and any use of those sites is at your sole risk. Similarly, we have no control over third-party apps and software and do not make any warranties in relation to them. You will need to read and agree to their terms and conditions before using them 

TO DIRECT CONCERNS ABOUT THIRD PARTY PRODUCTS TO THAT THIRD PARTY

Please note that our website and services may include advertisements for third-party products and services. We have no control over the advertisements or the websites of third parties, and we are not responsible for their content, or their products or services. We do not endorse any of their goods or services, but in some cases, we may have a relationship with that third-party who may pay us a referral fee or a commission when you buy their products and services. If you have any concerns about third-party products or services, please contact that third-party directly. Any purchase you make is a contract between you and them, and we're not involved.  

TO BE RESPECTFUL WHEN POSTING 

We want to encourage you to engage in online discussions in our community. However, we ask that you be respectful when posting. Please don't include any personal information such as your email address or physical address in any posts. Please also follow our posting rules. We don't allow:  

  • any disrespectful, inappropriate, offensive, threatening or abusive content;  
  • any content that breaches the rights of a third party (e.g. which is defamatory); 
  • any content that impersonates any other person, or misleads us as to the origin of your posts; or  
  • any advertising, self-promotion or sales. 

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.  

 WE MAKE NO WARRANTIES OR GUARANTEES 

We need you to know that we make no warranties or guarantees about our website or its Content. We can't guarantee our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or that our Content is accurate, complete and current. For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies.  If you find any issues, please email us at  info@astalaluna.com.au  

 LIMITATION OF LIABILITY AND INDEMNITY 

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control. 

  Additionally, you indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party. 

 OTHER 

This Agreement is governed by the laws in WA, Australia and the parties submit to the jurisdiction of the courts of WA, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision. 

 DEFINITIONS 

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs. 

 Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content. 

 Copyright means all rights pursuant to the Copyright Act 1968 (Cth).  

 Loss or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.  

 We, us, or our means La Mira Australia [ABN 35299256437] and includes any of our directors.