Terms & Conditions - YVM
Terms & Conditions
Cabernet Cat Pty Ltd trading as Yarra Valley Maker
This site – https://yarravalleymaker.com.au – is owned and operated by Cabernet Cat Pty Ltd trading as Yarra Valley Maker (ABN: 74 104 703 095).
The terms ‘Cabernet Cat Pty Ltd trading as Yarra Valley Maker’, ‘Yarra Valley Maker’, ‘us’, ‘our’ or ‘we’ refers to Cabernet Cat Pty Ltd trading as Yarra Valley Maker, the owner of the site, whose registered office is PO Box 237, Healesville, Victoria, 3777. The terms ‘customer’, ‘you’ or ‘your’ refers to the site user. The term site refers to http://yarravalleymaker.com.au and all subdomains.
Any new features or tools which are added to the current site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
Your use of this site is subject to the following terms and conditions:
- Content: The content of this site is for your general information and use only. It is subject to change without prior notice.
- Changes: We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes.Your continued use of or access to the site following the posting of any changes constitutes acceptance of those amendments.
- Warranty: Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this site for any particular purpose.
You hereby acknowledge that such information and materials may contain mistakes, inaccuracies, errors and/or omissions. We expressly exclude any liability for such to the fullest extent permissible by law.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We undertake no obligation to update, amend or clarify information on this or on any related site, including without limitation, pricing information, except as required by law.
- Licensing: This site contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the site. Any reproduction of the site’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Copyright & Trademarks: All trademarks reproduced in this site, which are not the property of, or licensed to us, are acknowledged on the site. You agree that the content you access, view or download on this site and the software used to create it, remains the property of Yarra Valley Maker or its Licensors as defined by Australian and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
Yarra Valley Maker respects the copyrights of others. If you feel that data is used in Yarra Valley Maker’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at:
Yarra Valley Maker
PO Box 237
HEALESVILLE, VIC, 3777
Please include the following details:
• Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
• A statement that the complaining party believes that infringement of the complaining party's copyright has occurred and the reasons for such belief;
• A statement that you are the copyright holder or authorised to act on their behalf; and
• Contact details including an email address where the complaining party may be contacted.
- Risk: Your use of any information or materials on this site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this site meet your specific requirements.
- Indemnity: You indemnify us (Yarra Valley Maker, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors) from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the site. In no case shall Yarra Valley Maker's maximum liability exceed the cost of the relevant original order.
- Purposes: You may only use the site for lawful purposes and in a manner consistent with the nature and purpose of the site. Unauthorised use of this site may be a criminal offense and/or give rise to a claim for damages.
Without the express written permission of Yarra Valley Maker, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
- Security: Yarra Valley Maker uses reasonable endeavours to ensure this site, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Yarra Valley Maker Laser will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programs (e.g. those used for transmission of viruses).
- Links: This site may also, on occasion, include links to other sites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the sites. We have no control over the nature, content and availability of those sites nor are we liable for those sites or any content or information such sites contain.
- Comments and other interactions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to maintain any comments in confidence, pay compensation for any comments or respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Operation of Site: Every effort is made to keep the site up and running smoothly. You agree that from time to time we may suspend access to all or part of the site for indefinite periods of time or close the site at any time, without notice to you. You expressly agree that your use of, or inability to use, the site is at your sole risk. We take no responsibility for, and will not be liable for, the site being temporarily unavailable due to technical issues beyond or within our control.
- Application of Warranty: These terms and conditions do not relate to your use of any product or service described on our site unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
- Jurisdiction: Your use of this site and any dispute arising out of your use of it is subject to the laws of Victoria.
- Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the consumer protection legislation does not apply.
- Refusal of Service: We reserve the right to refuse service to anyone for any reason at any time.
- GST: All prices are GST inclusive unless otherwise stated.
- Pricing errors: Although we do our best to ensure prices stated on this site are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to remove the product from sale and/or cancel your purchase. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.
- Stock Availability: All items sold via the Yarra Valley Maker site are subject to availability and Yarra Valley Maker reserves the right not to accept or to cancel any order for products that are out of stock. Yarra Valley Maker works does it’s best to ensure stock information is as accurate as possible however some errors and omissions are expected. Photos on the site are representative of what you will receive – you will not receive the items in the photos unless otherwise stated (limited editions and one-of-a-kind works)
- Cancelling Orders: Yarra Valley Maker reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Yarra Valley Maker believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
- Refunds: Yarra Valley Maker will comply with its obligations under any applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management. Please refer to our Returns FAQs.
- Gift Voucher Expiry: Gift vouchers are valid for one year from the time they are issued, after which the voucher and credit will expire. Any credit remaining after the expiry of the gift voucher is non-refundable.
- Delivery Estimates: Yarra Valley Maker makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site are based on standard Australia Post transit times. Delivery times may be adversely affected by events beyond Yarra Valley Makers ability to control. By placing an order, you agree not to hold DarkLight Laser liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
- Addressing: If a product is found to be mis-addressed by Yarra Valley Maker then Yarra Valley Maker shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Yarra Valley Maker will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
- Payment and Title: Payment options are currently – Paypal or Direct Bank Transfer. Payment methods will be presented at the time of purchase. Yarra Valley Maker retains title in the products purchased until Yarra Valley Maker receives payment in full.
- Incorrect Bank Account Number: If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Yarra Valley Maker, then Yarra Valley Maker will not accept any responsibility for correcting payment and goods will not be dispatched by Yarra Valley Maker until Yarra Valley Maker has received payment in full.
- Mailing Cash: Yarra Valley Maker does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Yarra Valley Maker Laser accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.
Yarra Valley Maker would like to welcome you to this site, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this site, you acknowledge that you have read and accepted the following disclaimer.
The information on this site is provided "as is" and for general information only. Yarra Valley Maker has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this site and the information on it may occur from time to time and Yarra Valley Maker does not guarantee that the site will always operate or be error free.
Accordingly, to the maximum extent permitted by law, Yarra Valley Maker does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.
Questions about the Terms and Conditions should be sent to us here.