Lemonade Kids Co Pty Ltd – WEBSITE TERMS OF USE

Website Terms of Use

This website (the Site) is operated by Lemonade Kids Co Pty Ltd (ABN 69 645 294 319), trading as Lemonade Footwear (we, our or us). It is available at lemonadefootwear.com and may be available through other addresses or channels.

Your agreement to these Terms

By accessing or using the Site, you agree to these Terms of Use (Terms). If you do not agree, please stop using the Site.

Changes to these Terms

We may change these Terms at any time by publishing the updated Terms on the Site. The Terms in force when you place an Order apply to that Order. Content on the Site may change without notice.

Your licence to use the Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site in accordance with these Terms. All other uses require our prior written consent.

Conduct we don’t accept

You must not do, or attempt to do, anything unlawful or inappropriate when using the Site, including:

• breaching anyone’s privacy or other legal rights, or using the Site to defame, harass, threaten or offend any person;
• interfering with other users, or tampering with, damaging or introducing viruses or other harmful code into the Site;
• using the Site to send unsolicited electronic messages; or
• helping a third party to do any of the above.

You must not use the Site or its Content in any way that competes with our business.

Accounts

You may create an account (Account) by providing your name, email address and a password. You must keep your details up to date and your password confidential, and you are responsible for all activity on your Account. Please tell us immediately if you believe your Account has been used without your permission.

Orders

• An order placed through the Site (Order) is an offer by you to buy the items in that Order at the price shown when you place it.
• You must make sure your Order details, including items, sizes and delivery address, are correct before you submit it.
• We may accept or decline any Order. If we decline an Order or can only supply part of it, we will let you know and refund any amount paid for items we cannot supply.
• Each Order we accept forms a separate agreement between you and us. We will email you an Order confirmation once your payment has been validated.

Prices and payment

• Prices are shown on the Site in the currency of your selected market and include GST where applicable. For orders shipped to the United States, prices include all duties and taxes.
• Payment is processed by our secure third-party payment providers. Items are dispatched once payment is received in full.
• You must not pay, or attempt to pay, by fraudulent or unlawful means.
• If a price on the Site is clearly wrong because of an error, we may cancel the affected Order and refund you in full, or contact you to confirm the correct price before dispatch.

Promotions and discount codes

• Offers, including automatic discounts such as half-price accessories with every pair of shoes, apply only as described on the Site at the time of your Order and may change or end at any time.
• Welcome and other discount codes are limited to one use per customer unless stated otherwise, have no cash value, and cannot be applied to past Orders.
• If an item bought with a promotional discount is returned, the refund is the amount you actually paid for that item.

Delivery, returns and refunds

Delivery is governed by our Shipping Policy, and returns and refunds by our Refund Policy, both available on the Site. Nothing in these Terms limits your rights under our Refund Policy.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

Privacy

Our Privacy Policy, available on the Site, explains how we collect and handle your personal information.

Information on the Site

We take care to keep product information, sizing and descriptions accurate, but Content on the Site is general information only. If you are unsure about sizing or suitability, please contact us before ordering.

Intellectual property

We own or licence all intellectual property in the Site and its Content, including the Lemonade name and logo. You must not copy, reproduce, distribute, modify, frame or create derivative works from our intellectual property without our written consent.

Third-party sites

The Site may link to websites operated by others. We do not control and are not responsible for those websites.

Availability of the Site

We may suspend or discontinue the Site, in whole or in part, at any time. We may also refuse access to anyone who breaches these Terms.

Liability

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not liable for any indirect or consequential loss arising from your use of the Site, including any interruption to the Site or loss of data. Where our liability cannot be excluded but can be limited, our liability is limited to resupplying the goods or paying the cost of having them resupplied.

Indemnity

To the maximum extent permitted by law, you agree to indemnify us against any loss we suffer arising from your breach of these Terms or misuse of the Site.

Dealing with a problem

If you have a concern, please contact us at info@lemonadefootwear.com.au and we will work with you in good faith to resolve it. If a dispute cannot be resolved within 21 days of written notice, either party may pursue other remedies available at law. Nothing in this clause prevents either party from seeking urgent relief from a court.

Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.

If part of these Terms is invalid

If any part of these Terms is invalid or unenforceable, it will be read down or severed to the extent necessary, and the rest of these Terms will continue to apply.