The Fine Print
- Introduction and contract formation
- Term and termination
- Agency relationship
- Seller Administration Section on the Website
- Seller's Store and the Website
- Seller's terms of supply
- Customer Orders, payment and fulfilment
- Returns, refunds, disputed payments and dissatisfied Customers
- Well Made Living Commission and Fees and net payment to Seller
- GST for Australian Sellers
- GST for Non-Australian Sellers
- Exclusions of and limitations on liability
- Intellectual property rights
- Definitions and interpretation
1 Introduction and contract formation
2 Term and termination
3 Agency relationship
4 Seller Administration Section on the Website
5 Seller's Store and the Website
- is accurate, complete, up-to-date and not misleading or deceptive;
- does not contain any Virus (including any computer program or code that can disrupt the operation of software, hardware or systems, or cause file deletions, file modifications or other effects that are not part of the functionality of software, hardware or systems);
- complies with all applicable laws;
- is not: (a) defamatory or in contempt of any legal or other proceedings; (b) indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety; (c) of a menacing character; (d) discriminatory to any group of persons including groups defined by reference to colour, race, sex, origin, nationality or ethnic or national origins; or (e) offensive or denouncing of political or religious beliefs.
- the nature of all other sellers using the Website and products offered for purchase using the Website (including products that are the same or similar to Seller's products); and
- the manner in which the Website is presented (including the nature and arrangement of content, the categorisation of products, the order in which products and sellers are presented, features, functionality, advertising, links and the ‘look and feel').
6 Seller's terms of supply
7 Customer Orders, payment and fulfilment
- Well Made Living will collect payment for that Order on behalf of Seller using the payment mechanisms made available by Well Made Living, provided however that Well Made Living may decline to collect or process any payment at its discretion (for example, in the case of fraudulent or suspicious Orders); and
- upon receipt of payment for the Order, Well Made Living will (a) notify Seller of the Order by email alert; and (b) include details of the Order in the Seller Administration Section for access by Seller
- fulfill the Order by shipping the relevant product with within 2 business days or within such other period specified in the despatch note which Seller has set for that product in Seller's Store;
- include with each shipped Order any materials which Well Made Living may require to be included; and
- promptly update the order status in the Seller Administration Section to indicate that the product has been shipped;
8 Returns, refunds, disputed payments and dissatisfied Customers
9 Well Made Living Commission and Fees and net payment to Seller
10 GST for Australian Sellers
11 GST for Non-Australian Sellers
12 Exclusions of and limitations on liability
- it is not feasible for Well Made Living to ensure that the Website is available at all times or that it is error-free or Virus-free and the internet is not necessarily a secure or reliable method of communication;
- while Well Made Living has systems to back-up information on the Website, Seller should retain a copy of Seller's Information so that it be can reloaded to a Store if necessary; and
- Well Made Living is not liable for any failure to properly send or receive communications (including Orders) via the internet, or to make available the Website, due to any interference or failure.
- 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
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
13 Intellectual property rights
- during the Term: either as part of the Website (including in response to search requests or when displaying a list of products sorted by product category) or for promotional purposes relating to Well Made Living or the Website in any medium; and
- after the Term: for archival, record-keeping and related and incidental purposes. Direct product links will stay active indefinitely for search engine optimisation purposes, even if a product has been unpublished or deleted, but such products will not be available for purchase.
15 Definitions and interpretation.
- Affiliated Website means any website facility set up by Well Made Living to increase the exposure and sale of products offered for sale on Well Made Living’s own Website.
- Agreement means the agreement between Well Made Living and a Seller made in accordance with clauses 1.3 and 2.1 and incorporating these terms and conditions, as amended from time to time.
- Australian Seller means a Seller that supplies products in Australia or through an enterprise carried on in Australia, or whose supply of products is connected with Australia. In the preceding sentence, "enterprise", "carried on in Australia" and "connected with Australia" have the meanings defined in the GST Law.
- Charge-back Fee means, in relation to any payment dispute, the amount charged by the Website Payment Provider in connection with resolution of that dispute.
- Claim means any claim, action, proceeding or demand.
- Commencement Date means the date on which the Term commences, being the date determined under clause 2.1.
- Commission means the agent's commission charged to Seller by Well Made Living, calculated at the rate set by Well Made Living from time to time.
- Confidential Information means any information disclosed or revealed by one party to the other party under or in relation to the Agreement that is by its nature confidential, is designated by the disclosing party as confidential or the receiving party knows or reasonably ought to know is confidential (including the terms of this agreement) BUT EXCLUDING information that is published or has otherwise entered the public domain without a breach of this Agreement or other obligation of confidence, is obtained from a third party who has no obligation of confidentiality to the disclosing party or is independently developed or obtained without breach of this Agreement.
- Customer means a customer of Seller's Store on the Website.
- Delivery Address means, in relation to an Order, the address that the Customer has specified in the shipping details as the address to which the product is to be sent by the Seller.
- Exclusive means, in relation to a product, that the product is available for purchase from Seller only through the Store and not directly or through any other website or distribution channel.
- Fee means a fee which Seller has agreed to pay to Well Made Living.
- Free Delivery means, in relation to an Order, delivery by regular post or better at no additional charge.
- GST and GST Law have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
- Well Made Living means Well Made Living Pty Limited ABN 58 519 898 521
- Intellectual Property Rights means all the rights conferred by the law of any country or jurisdiction in the world in relation to any invention, discovery, literary work, dramatic work, musical work, artistic work, copyright, moral right, database, trade mark, service mark, design, patent, semiconductor topography, confidential information, know-how, or trade secret, and in each case whether or not it has been reduced to a material form, and howsoever it may be recorded, stored or embodied.
- Loss means any damage, loss (including any currency exchange loss), cost, expense or liability.
- Non-Australian Seller means a Seller that is not an Australian Seller.
- Non-Excludable Provision means a guarantee, term, condition, warranty, right or remedy implied or imposed by any Australian statute (for example, the Australian Consumer Law) or regulation which cannot lawfully be excluded or limited under the terms of that statute or regulation.
- Order means an order placed by a Customer to purchase a product from Seller using the Website.
- Returns Policy means the policy on returns and refunds stated on the Website and in the Standard Customer Terms.
- Seller means a person who has applied to sell on the Website and been accepted as a seller by Well Made Living, subject to the terms of this Agreement as amended from time to time.
- Seller Administration Section means the section of the Website's content management system that is used by Seller to upload information and image files and manage Orders.
- Seller's Information means any information or materials that Seller provides in its Store, including any product names, images or trademarks.
- Seller's Website means a website published by or on behalf of Seller and includes any website through which Seller offers products for sale, other than the Well Made Living Website.
- Standard Customer Terms means the standard terms and conditions that apply to the offer, sale and supply of products to Customers on the Website.
- Store means, in respect of a Seller, the information and images Seller has provided for inclusion on the Website or which the Seller has uploaded to the Website through the Seller Administration Section.
- Store Credit means a credit of a denominated value issued by Well Made Living to a Customer for use by a Customer in payment for any products made available for sale on the Website.
- Tax means all forms of taxation including goods, services, value-added, withholdings, charges, assessments, contributions, remittances, imposts, excises, levies, duties and rates, whether imposed in Australia or elsewhere; and includes any reassessments of any such taxation and all penalties, interest, fines, or the like imposed in respect of any such taxation.
- Term means the term of this Agreement, being the period commencing on the Commencement Date and ending on the date of termination under clause 2.2.
- User Manual means the user manual as amended from time to time made available to Seller through the Seller Administration Section.
- Virus means any computer virus, macro virus, trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network, or to intercept or access without authority or expropriate any system, information or data
- Website means Well Made Living’s website at URL www.Well Made Living.com.au as extended by any Affiliated Website.
- Website Payment Provider means any third party that Well Made Living uses to collect payments (including a bank, credit or debit card scheme or other payment processing service such as PayPal).