Terms & Conditions
Theroamingatelier.com is a website operated by Alexandra Ganipeau, ABN 81220258655 of 150 Glen Eira aroad, Elsternwick, 3185 vic ("we", "us" and "our").
Access to and use of this site is provided by The Roaming Atelier on the following conditions and any other directions or rules of use on this site (Terms). If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes to the Terms are posted, you agree to all changes (including those of which you are then unaware have been posted).
Our website includes Services (a “Service”) available for purchase from The Roaming Atelier (the“Seller”).
If you place an order to purchase a Service via this Website, no order shall be deemed to be accepted by the Seller until we issue an email acknowledgement of order. The contract between you and Sellerwill relate only to those services notified in the email acknowledgement of order.
If the Seller accepts your order for the purchase of a Service, then an agreement is formed between you and the Seller.
If the Seller accepts your order for the purchase of a Service, then the following terms apply to the agreement with the Seller relating to that purchase.
(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Service, and any other applicable options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any other charges will be separately shown.
(b) You must pay for the Service online (by credit card) PayPal account. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the website.
2. Cancellation of orders
(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances.
(c) Services will be provided within a reasonable time after purchase. However, unforeseen supply problems or unexpected demand may occasionally result in a delay in scheduling or providing a Service. If there is a delay in scheduling a Service, the Seller will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you.(what is your policy if you get too busy or are away or can’t meet the client’s requested timeframe?)
3. Scheduling of Services
(a) The Seller will normally contact you within 2 Business Days of Seller’s receipt of your order, unless otherwise noted in the Service description.
(b) The Seller will deliver the Service to the place of delivery (i.e. where the Service will be provided) you specify when placing your order. If you specify an incorrect address for delivery and that error results in a delay in providing the service, the period of the delay will be deducted from the time allocated for providing the service.
Services, once purchased, are final. However, if additional services are desired, the amount paid for one service may be applied to additional services by paying the difference (for example, if you purchase a one-hour consultation, you may upgrade to a three hour consultation by paying the difference).
5. Gift Vouchers
(a) Gift Vouchers can be redeemed at checkout. The value of a Gift Voucher will be issued as credit in your account.
(b) Gift Vouchers are valid for 1 year and cannot be returned or exchanged for cash.
(c) All Gift Vouchers are in Australian dollars.
7. Licence to use the content on this Website
(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.
8. General restrictions
(a) In using this Website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this Website; or
(vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.
(i) You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you as a direct or indirect consequence of using this site.
10. Warranties and liability
(a) Certain legislation, including the Competition and Consumer Act 2010, imply guarantees and impose obligations upon The Roaming Atelier , which cannot be excluded, restricted or modified. Where such statutory provisions apply to the extent which The Roaming Atelier, is entitled to do so, its liability shall be limited at its option to;
(a) Where such statutory provisions apply and to the extent to which The Roaming Atelier, is entitled to do so, its liability shall be limited at its option in the case of the supply of services, to:
(i) the supply of the services again; or
(ii) payment of the cost of having the services supplied again.
(b) in the case of supply of Goods, the replacement of the Goods or supply of equivalent Goods; or
(i) the payment of the cost of replacing the Goods or acquiring equivalent Goods; or
(ii) the payment of the cost of having the Goods repaired; or
(iii) the repair of the Goods.
(c) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Service that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(e) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) AUD$100; and
(ii) the amounts paid by you to the Seller as a result of the purchase of a Product.
In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.
(d) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(e) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
11. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website (including the Sellers that may be included from time to time on this Website).
(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(c) These seller terms are governed by the laws of Victoria, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia.
(d) These seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.
(e) Your purchase of the Services is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
(f) The provisions of these seller terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these seller terms.
(g) The term “including” when used in these seller terms is not a term of limitation.