1. About the Website

1.1. Welcome to www.adelenaidoo.com (Website). The Website is operated by AM & J Naidoo t/as Adele Naidoo Designs (ABN: 95 986 349 974) (Adele Naidoo Designs). 

1.2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). Products may include both original designs of Adele Naidoo Designs, and those that are not original designs of Adele Naidoo Designs.

1.3. Access to and use of the Website, or any of its associated Products, is provided by Adele Naidoo Designs. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

1.4. Adele Naidoo Designs reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. 

2. Acceptance of the Terms

You accept the Terms by using the Website. By continuing to browse or make a purchase on the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

3. Purchase of a Product 

3.1. To purchase a Product via the Website, you will be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) your name, business name, address, ABN, email address, mailing address, and contact number.

3.2. You warrant that any information you give to Adele Naidoo Designs while completing a purchase will always be accurate, correct and up to date.

3.3. You may not make a purchase via the Website and may not accept the Terms if you are under the age of 18 years. If you are under 18 years of age, you may only use the Website with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. 

4. Returns Policy  

4.1. When purchasing a product via the Website, Adele Naidoo Designs wants you to be satisfied with your Product. If you have any issues with Adele Naidoo Designs Products, please e-mail adelenaidoodesigns@gmail.com.

4.2. Adele Naidoo Designs does not provide refunds for change of mind. Please keep this in mind when making a purchase. This policy does not affect your rights under the Australian Consumer Law for products that are faulty, not as described, or not fit for purpose.

4.3. If you have received the incorrect Product, Adele Naidoo Designs will provide a replacement on the return of the Product and will bear the cost of return shipping. To request a replacement and organise to return the incorrect Product please e-mail adelenaidoodesigns@gmail.com with your proof of purchase and photographs of the Product you have received within 14 days of receiving the Product. The returned Product must be unopened and in its original saleable condition.   

4.4. Adele Naidoo Designs does not provide refunds for change of mind on sale items. However, this does not affect your rights under the Australian Consumer Law. If a sale item is faulty, not as described, or not fit for purpose, you are entitled to a remedy under the Australian Consumer Law, which may include a repair, replacement, or refund.

4.5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers, except where the delay is so substantial that it amounts to a failure to supply within a reasonable time under the Australian Consumer Law, in which case you may be entitled to cancel the order and receive a refund. 

4.6. In the following situations, no refund or return will be available:

a. Denied acceptance of delivery by receiver; 

b. Inaccurate delivery address; 

c. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Adele Naidoo Designs. A return fee not exceeding the actual costs of return shipping may be charged to the initial payment method, provided the receiver has been given at least 10 business days' notice to collect the parcel after the calling card was left. 

5. Shipping and Product Delivery 

5.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Adele Naidoo Designs is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Adele Naidoo Designs will strive to meet the requirements of your anticipated delivery date. However, Adele Naidoo Designs will not be liable for any losses you suffer due to a delay, except where the delay is so substantial that it amounts to a failure to supply within a reasonable time under the Australian Consumer Law, or where the loss is reasonably foreseeable. 

5.2. You acknowledge that Adele Naidoo Designs uses third party delivery companies (Delivery Service Providers). You acknowledge and agree that Adele Naidoo Designs is not the provider of these options and merely facilitates your interaction with the Delivery Service Providers in respect of a purchase. 

5.3. Adele Naidoo Designs currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Adele Naidoo Designs can ship to both commercial and domestic physical addresses. 

5.4. In the event that an item is lost or damaged in the course of delivery, please contact Adele Naidoo Designs directly by sending an email to adelenaidoodesigns@gmail.com outlining in what way the Products were damaged in transit, including photographs where possible, so we can assess the damage and provide you with a remedy in accordance with your rights under the Australian Consumer Law.

6. Use and Installation of Products

6.1. By purchasing a Product from Adele Naidoo Designs, you agree to carefully read and follow the instructions of use included with each product.

6.2. Before installing or hanging a Product, Adele Naidoo Designs strongly recommends you engage a professional installer or art hanger to ensure adequate fixture mechanisms are in place, such as weight-appropriate hooks or similar fixtures. Adele Naidoo Designs will not be responsible or liable if a Product falls or is damaged due to improper installation by you or a third party, nor will Adele Naidoo Designs be responsible for any property or personal damage as a result of such improper installation.  

6.3. Before installing or hanging a Product, please ensure the chosen location is suitable and that the Product will not be exposed to unsuitable conditions over an extended period, including heat and moisture or dripping from an air conditioning unit

6.4. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product, where applicable, and you agree to provide the Adele Naidoo Designs’ recommendations that a professional installer or art hanger is engaged, and suitable placement is identified, as outlined above. 

7. Warranty

7.1. Adele Naidoo Designs’ 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 of the Product 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 (Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose. 

7.2. If you have received a Product that you believe is faulty or defective, please contact adelenaidoodesigns@gmail.com with photographic proof. 

8. Information and Product Disclaimer 

8.1. Any information provided to you by  Adele Naidoo Designs regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

8.2. Except as required by the Australian Consumer Law, Adele Naidoo Designs makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products beyond those expressly stated on the Website and takes no responsibility for any results obtained when using the Products for purposes other than their intended use.

9. Copyright and Intellectual Property

9.1. The Website and all of the related Products of Adele Naidoo Designs are subject to copyright. The material on the Website and Adele Naidoo Designs Products are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) and the Products are owned or controlled by Adele Naidoo Designs.

9.1. Adele Naidoo Designs retains all rights, title and interest in and to the Website and Products. Nothing you do on or in relation to the Website, or by purchasing a Product, will transfer to you:

(a) Any copyright or intellectual property rights in a Product or the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Adele Naidoo Designs; or

(b) the right to use or exploit a Product, a business name, trading name, domain name, trade mark or industrial design; or

(c) Adele Naidoo Designs’ designs, systems or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

9.2. You may not, without the prior written permission of Adele Naidoo Designs and the permission of any other relevant rights owners: copy or reproduce a Product, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any designs or content of Adele Naidoo Designs or any third party content for any purpose. 

10. Privacy

Adele Naidoo Designs takes your privacy seriously and any information provided through your use of the Website are subject to Adele Naidoo Designs Privacy Policy found on the Website.

11. Mailing List Registration 

11.1. You may be given the option to register for the Adele Naidoo Designs Mailing List (Mailing List).

11.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including name and email address.

11.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Adele Naidoo Designs. You may unsubscribe from the Mailing List at any time by following the unsubscribe instructions included in each email or by contacting us at adelenaidoodesigns@gmail.com.

12. Force Majeure

12.1. If circumstances beyond Adele Naidoo Designs’ control prevent or hinder the provision of the Products, Adele Naidoo Designs is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Adele Naidoo Designs may elect to cancel a purchase made via the Website if such circumstances arise, in which case you will be entitled to a full refund of any amounts paid. 

12.2. Circumstances beyond Adele Naidoo Designs’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

13. General Disclaimer

13.1. You acknowledge that Adele Naidoo Designs does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those outlined on the Website, except for guarantees that cannot be excluded under the Australian Consumer Law. 

13.2. Adele Naidoo Designs will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website. Variations to colours can occur on different devices or screens used, and Adele Naidoo Designs makes no warranty that the colour or appearance of a Product will be what is depicted on a particular device or screen. 

13.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

13.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Adele Naidoo Designs will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

13.5. Use of the Website, and any of the Products of Adele Naidoo Designs is at your own risk, subject to your rights under the Australian Consumer Law. Everything on the Website and the Products of Adele Naidoo Designs are provided to you on an "as is" and "as available" basis, except for warranties and conditions that cannot be excluded under the Australian Consumer Law. Subject to the Australian Consumer Law, none of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Adele Naidoo Designs make any express or implied representation or warranty about its content or any Products referred to on the Website beyond those required by law. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website or any of the Products;

(d) the content or operation in respect to links which are provided for your convenience;

(e) any failure to complete a transaction, or any loss arising from a purchase via the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

14. Limitation of Liability

14.1. Subject to any rights and remedies you may have under the Australian Consumer Law or other applicable law that cannot be excluded, Adele Naidoo Designs' total liability arising out of or in connection with the Website, the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Adele Naidoo Designs is the resupply of Products to you.

14.2. Subject to any rights and remedies you may have under the Australian Consumer Law or other applicable law that cannot be excluded, you expressly understand and agree that Adele Naidoo Designs, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

14.3. Adele Naidoo Designs is not responsible or liable in any manner for any site content (including the content and third party content) posted on the Website or in connection with the Products, whether posted or caused by users of the website of Adele Naidoo Designs, by third parties or by any of Products offered by Adele Naidoo Designs.

15. Indemnity

15.1. You agree to indemnify Adele Naidoo Designs, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) reasonably incurred, suffered or arising out of or in connection with any unlawful or infringing content you post through the Website;

(b) any direct or indirect consequences reasonably arising from your breach of these Terms or your unlawful use of the Website; and/or

(c) any breach of the Terms.

16. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia.

17. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Western Australia.

18. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice 

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.

1. Products

1.1. The website, www.adelenaidoo.com (Website) is operated by AM & J Naidoo t/as Adele Naidoo Designs (ABN: 95 986 349 974) (Adele Naidoo Designs). 

1.2. Access to and use of the Website is provided by Adele Naidoo Designs. 

1.3. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Product). Products may include both original designs of Adele Naidoo Designs, and those that are not original designs of Adele Naidoo Designs.

1.4. You have agreed to purchase a Product from the Website.

2. Acceptance of the Terms and Conditions

You accept these Terms and Conditions by proceeding with and completing your purchase. 

3. Purchase of a Product 

3.1. To purchase a Product via the Website, you will be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) your name, business name, address, ABN, email address, mailing address, and contact number.

3.2. You warrant that any information you give to Adele Naidoo Designs while completing a purchase will always be accurate, correct and up to date.

3.3. You may not make a purchase via the Website and may not accept these Terms and Conditions if you are under the age of 18 years. If you are under 18 years of age, you may only use the Website with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The parent or legal guardian will be legally responsible for all obligations under these Terms and Conditions. 

3.4. When making a purchase via the Website, you agree to make payment of the purchase price as outlined on the Website, to Adele Naidoo Designs at the time of making the purchase. 

4. Returns Policy  

4.1. When purchasing a product via the Website, Adele Naidoo Designs wants you to be satisfied with your Product. If you have any issues with Adele Naidoo Designs Products, please email adelenaidoodesigns@gmail.com.

4.2. Adele Naidoo Designs does not provide refunds for change of mind. Please keep this in mind when making a purchase. This policy does not affect your rights under the Australian Consumer Law for products that are faulty, not as described, or not fit for purpose.

4.3. If you have received the incorrect Product, Adele Naidoo Designs will provide a replacement on the return of the Product and will bear the cost of return shipping. To request a replacement and organise to return the incorrect Product please e-mail adelenaidoodesigns@gmail.com with your proof of purchase and photographs of the Product you have received within 14 days of receiving the Product. The returned Product must be unopened and in its original saleable condition.  

4.4. Adele Naidoo Designs does not provide refunds for change of mind on sale items. However, this does not affect your rights under the Australian Consumer Law. If a sale item is faulty, not as described, or not fit for purpose, you are entitled to a remedy under the Australian Consumer Law, which may include a repair, replacement, or refund.

4.5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers, except where the delay is so substantial that it amounts to a failure to supply within a reasonable time under the Australian Consumer Law, in which case you may be entitled to cancel the order and receive a refund. 

4.6. In the following situations, no refund or return will be available:

a. Denied acceptance of delivery by receiver; 

b. Inaccurate delivery address; 

c. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Adele Naidoo Designs. A return fee not exceeding the actual costs of return shipping may be charged to the initial payment method, provided the receiver has been given at least 10 business days' notice to collect the parcel after the calling card was left.

5. Shipping and Product Delivery 

5.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Adele Naidoo Designs is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Adele Naidoo Designs will strive to meet the requirements of your anticipated delivery date. However, Adele Naidoo Designs will not be liable for any losses you suffer due to a delay, except where the delay is so substantial that it amounts to a failure to supply within a reasonable time under the Australian Consumer Law, or where the loss is reasonably foreseeable. 

5.2. You acknowledge that Adele Naidoo Designs uses third party delivery companies (Delivery Service Providers). You acknowledge and agree that Adele Naidoo Designs is not the provider of these options and merely facilitates your interaction with the Delivery Service Providers in respect of a purchase. 

5.3. Adele Naidoo Designs currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Adele Naidoo Designs can ship to both commercial and domestic physical addresses. 

5.4. In the event that an item is lost or damaged in the course of delivery, please contact Adele Naidoo Designs directly by sending an email to adelenaidoodesigns@gmail.com outlining in what way the Products were damaged in transit, including photographs where possible, so we can assess the damage and provide you with a remedy in accordance with your rights under the Australian Consumer Law.

6. Use and Installation of Products

6.1. By purchasing a Product from Adele Naidoo Designs, you agree to carefully read and follow the instructions of use included with each product.

6.2. Before installing or hanging a Product, Adele Naidoo Designs strongly recommends you engage a professional installer or art hanger to ensure adequate fixture mechanisms are in place, such as weight-appropriate hooks or similar fixtures. Adele Naidoo Designs will not be responsible or liable if a Product falls or is damaged due to improper installation by you or a third party, nor will Adele Naidoo Designs be responsible for any property or personal damage as a result of such improper installation.  

6.3. Before installing or hanging a Product, please ensure the chosen location is suitable and that the Product will not be exposed to unsuitable conditions over an extended period, including heat and moisture or dripping from an air conditioning unit. 

6.4. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product, where applicable, and you agree to provide Adele Naidoo Designs’ recommendations that a professional installer or art hanger is engaged, and suitable placement is identified, as outlined above. 

7. Warranty

7.1. Adele Naidoo Designs’ 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 of the Product 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 (Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose. 

7.2. If you have received a Product that you believe is faulty or defective, please contact adelenaidoodesigns@gmail.com with photographic proof. 

8. Information and Product Disclaimer 

8.1. Any information provided to you by  Adele Naidoo Designs regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

8.2. Except as required by the Australian Consumer Law, Adele Naidoo Designs makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products beyond those expressly stated on the Website and takes no responsibility for any results obtained when using the Products for purposes other than their intended use.

9. Copyright and Intellectual Property

9.1. All Products of Adele Naidoo Designs are subject to copyright. The material on the Website and Adele Naidoo Designs Products are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Products are owned or controlled by Adele Naidoo Designs.

9.1. Adele Naidoo Designs retains all intellectual property rights in the designs, images, and creative works embodied in the Products. Upon purchase, you acquire ownership of the physical Product but not the intellectual property rights. Nothing you do on or in relation to the Website, or by purchasing a Product, will transfer to you:

(a)       Any copyright or intellectual property rights in a Product, industrial design, patent, registered design or copyright of Adele Naidoo Designs; or

(b)       the right to use or exploit a Product or industrial design; or

(c)       Adele Naidoo Designs’ designs, systems or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

9.2. You may not, without the prior written permission of Adele Naidoo Designs and the permission of any other relevant rights owners: copy or reproduce a Product (including photographing for commercial purposes), broadcast, republish, upload to a third party for commercial purposes, transmit, post for commercial purposes, distribute, show or play in public for commercial purposes, adapt or change in any way any designs or content of Adele Naidoo Designs or any third party content for commercial purposes. This does not prevent you from photographing or posting images of Products you have purchased for personal, non-commercial purposes, including on social media.

10. Force Majeure

10.1. If circumstances beyond Adele Naidoo Designs’ control prevent or hinder the provision of the Products, Adele Naidoo Designs is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Adele Naidoo Designs may elect to cancel a purchase made via the Website if such circumstances arise, in which case you will be entitled to a full refund of any amounts paid. 

10.2. Circumstances beyond Adele Naidoo Designs’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

11. General Disclaimer

11.1. You acknowledge that Adele Naidoo Designs does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those outlined on the Website, except for guarantees that cannot be excluded under the Australian Consumer Law. 

11.2. Adele Naidoo Designs will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website. Variations to colours can occur on different devices or screens used, and Adele Naidoo Designs makes no warranty that the colour or appearance of a Product will be what is depicted on a particular device or screen. 

11.3. Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

11.4. Subject to this clause, and to the extent permitted by law:

(d) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded; and

(e) Adele Naidoo Designs will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with a Product or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.5. The purchase of, and use of a Product of Adele Naidoo Designs is at your own risk, subject to your rights under the Australian Consumer Law. The Products of Adele Naidoo Designs are provided to you on an "as is" and "as available" basis, except for warranties and conditions that cannot be excluded under the Australian Consumer Law. Subject to the Australian Consumer Law, none of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Adele Naidoo Designs make any express or implied representation or warranty about any Products referred to on the Website beyond those required by law. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(f) the accuracy or suitability of a Product;

(g) costs incurred as a result of use of a Product; or

(h) any failure to complete a transaction, or any loss arising from a purchase via the Website.

12. Indemnity

To the extent permitted by law and except where caused by Adele Naidoo Designs' breach of the Australian Consumer Law or negligence, you agree to indemnify Adele Naidoo Designs, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with your misuse of a Product or your breach of these Terms and Conditions, but excluding any claims arising from defects in the Product, breach of consumer guarantees, or Adele Naidoo Designs' negligence;

(b) any direct or indirect consequences of you using a Product, or any breach by you or your agents of these Terms and Conditions; and/or

(c) any breach of the Terms and Conditions.

13. Limitation of Liability

13.1. Subject to any rights and remedies you may have under the Australian Consumer Law or other applicable law that cannot be excluded, Adele Naidoo Designs' total liability arising out of or in connection with a Product or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms and Conditions or where you have not paid the Purchase Price, then the total liability of Adele Naidoo Designs is the resupply of Products to you.

13.2. Subject to any rights and remedies you may have under the Australian Consumer Law or other applicable law that cannot be excluded, you expressly understand and agree that Adele Naidoo Designs, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13.3. Adele Naidoo Designs is not responsible or liable in any manner for any site content (including the content and third party content) posted on the Website or in connection with the Products, whether posted or caused by users of the Website of Adele Naidoo Designs, by third parties or by any of the Products offered by Adele Naidoo Designs.

14. Venue and Jurisdiction

In the event of any dispute arising out of or in relation a Product, you agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia.

15. Governing Law

The Terms and Conditions are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions will be governed pursuant to the laws of Western Australia.

16. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms and Conditions are fair and reasonable and both parties have had the opportunity to obtain independent legal advice 

17. Severance

If any part of these Terms and Conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms and Conditions will remain in force