Terms & Conditions
Terms & Conditions
These are the terms and conditions of business for Lambada Leather Proprietary Limited (ABN: 92 115 087 824). These terms will apply to all purchases of Goods. Please read this document carefully before engaging in a business relationship with Lambada.
By placing an order through any means, you confirm your unconditional acceptance of these Terms and Conditions.
We may change these terms and conditions from time to time. The latest version of these terms and conditions is available on our website. You agree to be bound by any revisions. These terms and conditions shall be incorporated into all agreements present and future for the supply of goods from Lambada to the Client.
Definitions
Lambada – A Culture of Leathercraft (Lambada Leather Pty Ltd), hereafter ‘Lambada’. (Also referred to as ‘we’, ‘us’, ‘our’, ’the Website’)
Persons, hereafter ‘the Client’. (Also referred to as ‘you’)
Order
1.1 By placing an order with Lambada, you automatically agree to adhere to our terms and conditions of business.
1.2 Clients accept that goods are custom made to order and come with a lead time of at least 6 weeks.
1.3 Individual items cannot be amended after an order is placed. Clients must be thorough in their selection process and be mindful that all items are custom made to order.
1.4 You acknowledge that all goods that you order are intended for personal, domestic, non-commercial use only.
1.5 We shall not be liable to the Client if we are prevented or delayed in the performance of our obligations to the Client if this is due to any cause beyond our reasonable control including but not limited to; An act of God, Explosion, Flood, Fire or Accident, War or Civil Disturbance, Strike, Industrial Action, Work Stoppage, Government Intervention, Third Party Act or Omission, Failure of our Supplier(s). Late orders will be shipped as soon as the item becomes available and the Client agrees to accept all products as ordered when delivered.
1.6 If we cannot process or accept your order after payment is received we will contact you by email or telephone.
1.7 All Goods are located outside Australia when an Order is placed.
1.8 Lambada reserves the right to refuse service or cancel orders in their sole discretion.
1.9 Client cancelations are not permitted.
Responsibilities
2.1 You agree not to post or transmit to the Website any material which;
is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
is not properly licenced for use on this Website;
violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
infringes on the rights of a third party in any country in the world; or
has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
2.2 You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
2.3 You may not reverse engineer, decompile, or disassemble the Lambada design application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.4 You agree that Lambada owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of items designed by you using our designer, and photographs of items custom made for and sold to you.
Payment
3.1 If you decide to purchase a product from Lambada, you agree to promptly pay the associated fee. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.
3.2 All prices quoted on our website are in AUD.
Returns and Refunds
4.1 Our pieces are custom made to order and are therefore unique to every customer. Returns will not be permitted for mistaken choice.
4.2 Return any piece with a manufacturing error within 365 days of purchase for a repair or full replacement.
4.3 Leather is a naturally occurring material and is not uniform. Marks and textures on leather do not justify faults in items and will not be accepted as legitimate grounds for returns.
4.4 Proof of purchase must always be supplied.
Credit card fraud
Lambada, through our transaction provider ANZ, employs high security standards including but not limited to ‘Verified by Visa’. However Lambada will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this Website.
This site is covered by an SSL Certificate.
Supply of products
5.1 Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.
5.2 When designing your custom made products, the images displayed are a representation only. The actual product that is custom made for you may differ to the represented images in texture, colour or dimension.
5.3 The Lambada Design application offers a 2D image only. Presumptive allocation based on the selected colors will be used to complete the unseen components of the product.
5.4 Swatch colours featured on the website are web safe colours only and are an indication of what colours are available. Colours on display may vary compared to the real life leather pigments.
Delivery of your products
6.1 The making of your product and delivery time takes an average of 6 weeks from the date your payment is received.
6.2 Lambada makes every effort to deliver your custom made items according to the average delivery times. The average delivery times are in business days (Monday through Friday) excluding Public holidays.
6.3 Average ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made product has not arrived after the expected delivery time, please contact us.
6.4 Unless otherwise agreed by us, we will deliver your custom made product to the address indicated on your order form.
6.5 We will use our reasonable efforts to deliver your custom made product to you within the average delivery time; however, we do not guarantee that we will deliver within this time frame.
6.6 Risk and Title in Goods passes to you on the date and time of delivery of the goods to Lambada’s nominated delivery agent in the country of export.
Customs and duties
In respect of an order of Direct Import Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. You will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you agree that you are liable to pay such Taxes to the relevant authority in addition to your payment to us of the price and delivery charge. It is your responsibility to determine whether any such Taxes apply in your destination country for delivery or the country from which the goods are shipped. You agree that Lambada is not liable to you with respect to any loss, damage, cost or expense that you incur as a result of your obligation to pay Taxes in a particular jurisdiction.
Reviews, comments and designs
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide Lambada, including without limitation, designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and Lambada shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Lambada. You also grant Lambada the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Lambada will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Lambada as to the origin of any Submissions or Content. Lambada may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Links
Outbound links from this Website are provided for your convenience.
Lambada has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
Disclaimer and liability
7.1 Whilst every effort has been made to ensure the information contained within this Website is correct, Lambada makes no warranty as to the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
7.2 Lambada, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Governing law and severability
This contract will be governed by the laws of New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
Personal information/Privacy
8.1 Any personal information which is collected will be used and disclosed only to provide you with the products and services you’ve requested, or otherwise to carry out our business.
8.2 We will not under any circumstances disclose information about you to a third party unrelated to our business, unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure.
8.3 If you have elected to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.
8.4 We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.
8.5 We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorised use or alteration.
8.6 Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.
