The material on the Website, including graphics, design, text, images within the Website and the selection and layout of the Website are owned or under license by Ekcelent and Co and protected by Australian laws.
Your use of the Website does not grant you a license or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
THIRD PARTY LINKS
The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
- all material on the Website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
LIMITATION OF LIABILITY
In the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods; or
- the payment of the costs of having the goods repaired.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
We are not able to change any details on order forms. We cannot add quantities, change sizes or combine orders.
Your order will always be posted out within our usual time frame to ensure that it arrives ASAP to you, however, we cannot guarantee the arrival date as once packages are with the postal system they are completely out of our control.
We aim to represent the products as accurately as possible in our photos. However please allow for slight colour variations in photos due to lighting.
If a code is required to be entered during a sale and is not entered, we are not able to credit the difference. Please check carefully the code is entered correctly and comes off your order prior to checkout.