Leina & Fleur terms & conditions

1.1 - Website terms of use

Welcome to the Leina & Fleur website (the Website), which is owned and operated by LBFR Creative Pty Ltd A.C.N.169 582 496 (we, us, our, or Leina & Fleur).

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use).  Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time.

Our services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

Prohibited conduct

In relation to the Website, you must not:

  • use the Website for any activities, sales or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use the Website to send unsolicited email messages;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the Website or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

    Intellectual Property

    The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by Leina & Fleur and protected by Australian and international laws.

    Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks 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 may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

    You must not:

    • reproduce or use any of the material on the Website for commercial purposes, including sale;
    • in any way modify the material on the Website; or
    • cause any of the material on the Website to be framed or embedded in another website.

      In summary, 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.  We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. 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.

      Indemnity

      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.

      Disclaimer

      Some legislation such as the Australian Competition and Consumer 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 implied warranties of merchantability 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 tour 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

        To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

        In the case of services supplied or offered by us:

        • the resupply of the services; or
        • the payment of the cost of having the services resupplied.

          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.

            Privacy

            By agreeing to and accepting the Terms of Use, you also agree to our Privacy Policy (see below in section 1.4).

            Termination

            The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

            Miscellaneous

            We rely upon your continued observance of the Terms of Use.  If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

            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.

            If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

            All rights not expressly granted in the Terms of Use are reserved.

            If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

            Applicable Law

            The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

            Contact us

            Please email us if you have any questions relating to these Terms of Use.

            Terms of Use last updated on 26 August 2020.

            1.2 - Social media terms of use

            LBFR Creative Pty Ltd A.C.N.169 582 496 (we, us, our, or Leina & Fleur) offers its social media pages as a service to provide you with information about us, our services, and other matters of interest. Our social media pages are available to the public and are openly available to all users of the relevant social media website. 

            Our social media pages are those pages on social media websites including, but not limited to, Facebook, Twitter, Pinterest, Instagram, YouTube, which are identified as being a web page associated with Leina & Fleur (Social Media Pages). To avoid any confusion between a third party social media page and our own, a link to each Social Media Page that is associated with Leina & Fleur can be found on our website (our Website). We do not associate ourselves with, or provide any warranties as to the quality, content or legality of any social media page that is not linked to from our Website. 

            In accessing and using our Social Media Pages, you must comply with any relevant terms and conditions associated with the relevant social media channels, as well as with these terms and conditions.

            Content on Social Media Pages

            Regardless of whether it was posted and/or uploaded by us or a third party, Leina Broughton: 

            • does not endorse any comments, advice, statements, visuals, audio, videos or other material (Content) posted to our Social Media Pages;
            • does not represent or warrant the accuracy of Content posted to our Social Media Pages; and
            • will not be liable for any Content posted to our Social Media Pages. 

            Whilst we may not monitor all Content that you post to our Social Media Pages, we expect that you will not post any Content that we may deem to:

            • be defamatory, abusive or hateful, intimidating, or misleading;
            • constitute junk mail or bullying;
            • infringe a third party’s rights; or
            • breach any other laws.

            In the event that you do post such material, we reserve the right to remove that material from our Social Media Pages immediately and without notice to you.

            We will also remove, without notice to you, any unapproved Content that is commercial in nature. Leina & Fleur is not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.

            Third Party Links

            Leina & Fleur may, from time to time, provide hyperlinks to third party websites (Linked Websites). We do not control content posted on the Linked Websites, and we are therefore not responsible for any content found on them. We provide hyperlinks to Linked Websites for your convenience only, and do not endorse or approve any of the content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided on the Linked Websites.

            Intellectual Property

            By uploading Content to a Social Media Page, you grant Leina Broughton a worldwide non-exclusive, sub-licensable, royalty-free licence to:

            • use, reproduce, distribute, display, publish and adapt any part or all of the Content;
            • publicly promote, endorse or market the Content in any way whatsoever, including via the Social Media Pages or otherwise; and 
            • perform or carry out any actions associated with achieving any of the above.

            Leina & Fleur may use the Content for any period of time beyond your removal of the Content from the Social Media Pages.

            Privacy Policy

            By agreeing to these Social Media Terms, you also agree to the terms of our Privacy Policy (see below in section 1.4).

            Miscellaneous

            To the extent permitted by law, 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 Social Media Pages by you.

            We do not make any claims that the information or Content on the Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. If you access any Social Media Pages, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

            Contact Us

            Thank you for taking the time to observe our Social Media Terms. Please email us if you have any concerns about any Content on our Social Media Pages.

            Social Media Terms last updated 9 December 2019.

            1.3 - Refunds & Returns Policy

            LBFR Creative Pty Ltd A.C.N.169 582 496 (we, us, our, or Leina & Fleur) makes every effort to be fully transparent at all times. Accordingly, we have developed this Refunds & Returns Policy to ensure that you are fully aware of your rights with respect to refunds and returns.

            Returns and refunds

            If you are concerned about your entitlement to a refund or exchange, we recommend that you read on to learn about your rights and our obligations to you. We offer a 30 day guarantee return period for any item (excluding earrings) returned unworn, unwashed, unused and in its original condition with tags still attached for any reason (please note your item must arrive back to our office within 30 days of the purchase date).  Any return requests arriving outside of our 30 day guarantee (or requests to return earrings) we will honour our obligations under the Australian Consumer Law below.

            30-Day Guarantee

            We want you to love your purchase with us. However, if you are in some way disappointed with your purchase, or if you change your mind, then we would want to know about it. So, with respect to any item that you purchase from us, if you are not satisfied with the quality of the item, or you have simply changed your mind, then please let us know and we will happily provide you with a refund (please note your item must arrive back to our office within 30 days of the purchase date).  This offer will exclude earrings and is on the condition that the returned item/s are unworn, unwashed, unused and in the original condition with tags still attached.

            Our money-back guarantee is available for up to 30 days from the purchase date, with arrival to our office within this time frame, (the Guarantee Period) and does not apply to sale items or earrings.

            All garments must be returned in their original condition, unworn, unwashed, unused and with swing tags still attached to be eligible for a full refund under the 30-Day Guarantee.

            Please note:- The return window is set at 24 days as our return conditions are:- All return packages must arrive back into our office within 30 days.  Average postage times are approximately 6 days (explaining why the returns window is set as 24 days rather than 30).

            Any refund requests outside of our Guarantee Period must be made in accordance with the remainder of this policy.

            Your entitlement to a refund or exchange

            We do not offer exchanges for a change of mind purchase. For these cases a refund will be offered (as long as our Terms and Conditions are met) and a repurchase of the preferred size can be made.

            You will be entitled to a refund or exchange where we are required to do so under any relevant laws, including the Australian Consumer Law. You may ask for a refund or exchange, if an item has a major problem, or is significantly different to what you asked for.

            In the event that you believe you are entitled to a refund or exchange, please submit a returns request to style@leinaandfleur.com.au*. 

            *postage charges will apply

            Returning items to us

            If you wish to return an item to us, we recommend that you do so as soon as possible after becoming aware of the issue prompting your request for a refund. Delayed claims for refunds may lead to your request for a refund being rejected.

            We reserve the right to assess the condition of a returned item prior to offering a refund. This may result in a refund being refused by us. You may be entitled to a refund equal to the cost of the item only.

            How to return items:

            Package the item/s in a shipping bag that will prevent damage in transit. We recommend similar packaging to what you originally received the item/s in.

            Leina & Fleur takes no responsibility for items that are returned but become lost or not delivered to us. If you are concerned about loss or damage in transit, you should consider adding tracking or insurance. However, this is at your sole discretion, and Leina & Fleur makes no representations or warranties in relation to the security of returned item/s.

            Send the item/s to Leina & Fleur at 1/8 Ern Harley Drive, Burleigh Heads, Queensland 4220 and enclose the relevant proof of purchase.

            Upon receipt of the item/s, we will inspect them and if they are returned in accordance with this Refunds & Returns Policy, and we are satisfied that you are entitled to a refund, we will issue you with a refund through the original payment channel.

            Return delivery charges

            We recommend you return the item to us via a shipping method that has tracking, so that the delivery can be tracked. All shipping costs will be the responsibility of the customer however if an item is deemed faulty or a shipping error has been made on our end please email style@leinaandfleur.com.au prior to return. We do not refund shipping charges for items returned under your 30-Day Guarantee. 

            We do not offer exchanges for change of mind however, where an exchange is required under Australian Consumer Law both the return shipping charge to our office as well as the shipping charges for returning the exchanged garment to you will be at your (the customer's) expense.

            Provision of refunds to you

            If after assessing the condition of the returned item/s, your refund is approved, we will send you an email confirming that your refund will be issued. Refunds will generally be processed within seven (7) working days of our receipt of returned items. You will receive an email from us, once your return has been processed.

            All refunds will be issued via the same payment method used to purchase the items. There may be delays in the provision of the refund that may be caused by the issuing bank. Please contact us if you have not received your refund within five (5) working days of us notifying you that a refund has been issued. 

            Enquiries

            Please email us if you have any questions regarding our Refunds & Returns Policy. 

            Refunds & Returns Policy last updated on 11 December 2019.

            1.4 - Privacy Policy

            We recognise that your privacy is very important and that you have a right to control your personal information. Our policy for dealing with any personal information that you might disclose to us while visiting this Website is explained below.

            We will not collect any Personal Information about you except when you knowingly provide it. The amount of information we collect about you depends on how you use the website and whether you elect to give us any information about yourself by subscribing to our e-newsletters. Leina & Fleur may use your personal information to:

            1. send you direct marketing material by email or post; and
            2. compile a consumer profile about you to enable us to better serve you.

            If you visit this website to read or download information we record your IP Address. This information is used for statistical and site development purposes only. We endeavour to take all reasonable steps to keep secure any information, which we hold about you, and to keep this information accurate and up-to-date. Your information is stored in secure servers that are protected in secure facilities. However, we are not responsible for events arising from unauthorised access to your personal information. You can also play an important role in keeping your personal information secure, by maintaining confidentiality of any user name, password, profile and accounts used on the website. Please advise us immediately if there is any unauthorised use of your user name, password, profile or accounts by any other Internet user or any other breach of security.

            Personal information will not be released to persons or entities outside our organisation without your consent except where:

            • such disclosure is permitted under the Privacy Act 1988
            • Leina & Fleur is required by law to disclose information to third parties; or
            • Leina & Fleur has outsourced some internal functions to third party contractors, for example, data warehousing, hosting servers or mail houses.

            Why we collect information?

            We may collect information to deliver products or services to you, to complete other transactions with you or on your behalf and/or to better understand your requirements and preferences. This information enables us to personalise and improve our service and in particular to provide offers that are of greater interest, relevance or benefit to you.

            How we collect this information?

            When you place an order and/or register your details with us, we may store that information for future reference.

            What we collect?

            The personal information we collect is in most cases supplied directly by you when you give us your details, place an order, seek a refund, provide feedback to us or participate in competitions, surveys or promotions.

            The type of service or interaction you wish to receive will determine the specific type of information we need to collect. This may include, but not limited to, the following: name, address, phone and other contact details (fax, email etc), merchandise information (purchases, orders etc), and method of payment. Sometimes we collect other information such as your areas of interest, so that we can improve our service offering to you.

            Privacy Act

            Under the Privacy Act (1988) individuals are able to access any information pertaining to them that Leina & Fleur has collected. Leina & Fleur is obliged to provide this personal information which has been collected, used or disclosed since 1 June 2010. If you have any queries, problems or complaints relating to your privacy or would like to access your personal information held by us, please contact us at: style@leinaandfleur.com.au or via post C/O Leina and Fleur, 1/8 Ern Harley, Burleigh Heads QLD 4220.

            1.5 - Payment Security

            We use Shopify payment gateway as our credit card payment gateway, which ensures your credit card details are recorded in a highly secure 128 bit, encrypted environment.

            All browsers are required to use a minimum of 40-bit SSL (Secure Socket Layer) technology.

            Digital certification to verify integrity and authenticity from this website.

            Encrypted card details are sent with your order to our accounts department to be processed. Your card details are erased from record as soon as your order is processed.

            Each order is checked, one by one by our accounts department before processing. This reduces the possibility of credit card fraud.

            Ecommerce functionality programmed by Mint and hosted by Shopify.

            What does this mean?

            This means that when you order a product from our website, you can rest assured that the highest security checks have been put in place to reduce the possibility of your details falling into the wrong hands.

            1.6 - Rewards and Gift Cards

            Rewards

            Rewards points are non transferable (including between accounts under the same name).

            Rewards codes cannot be applied to an order after an order has been placed.

            Rewards codes cannot be cancelled once ordered. They will remain valid until used (on your next order).

            Points cannot be redeemed for cash.

            Only one rewards code can be used per order.

            If two or more separate accounts (using different emails) are held under your name, any points earned through transactions using these separate emails cannot be merged into one rewards account. All rewards points earned will remain under the original email used at time of purchase.

              Gift Cards

              All gift cards will be emailed to your desired recipient according to all details that you have entered at time of purchase.

              Gift cards cannot be redeemed for cash and cannot be refunded. 

              All Gift Cards are valid for 3 years from the date of purchase.

              If the item purchased on a Gift Card is returned, the amount paid with the Gift Card will be refunded to that Gift Card. 

              All purchases using gift cards must be actioned prior to completing your order. 

                1.7 - Competitions

                The promoter is: Leina & Fleur - LBFR Creative Pty Ltd whose registered office is at 1/8 Ern Harley Drive, Burleigh Heads Qld.

                The competition is open to residents of the Australia aged 18 years or over except employees of Leina & Fleur and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

                There is no entry fee and no purchase necessary to enter this competition. You must be wearing and Leina & Fleur product to be eligible.

                By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. Route to entry for the competition and details of how to enter are on our website or on social media. You may enter as many times as you wish.

                Closing date for entry will be advised via website or social media post. After this date no further entries will be accepted. No responsibility can be accepted for entries not received for whatever reason.

                The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

                The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

                The prize is as follows: $250 Promo Voucher to be used at the Leina & Fleur website - the prize cannot be exchanged for cash payment. The Voucher will be valid for 3 months.

                The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
                Winners will be chosen for the most creative entry.

                The winner will be notified by email and/or DM on Facebook and/or letter within 28 days of the closing date. 

                The promoter will notify the winner when and where the prize will be delivered.
                The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

                By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

                The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australian.

                All entrants agree to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

                You must have consent for any third parties in the entry.

                Entry into the competition will be deemed as acceptance of these terms and conditions.

                This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Leina & Fleur and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found in section 1.4.

                1.8 - Surveys

                Surveys and all information collected by a survey is the property of: Leina & Fleur - LBFR Creative Pty Ltd whose registered office is at 1/8 Ern Harley Drive, Burleigh Heads Qld.

                The Survey is open to participants aged 18 years or over except employees of Leina & Fleur and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

                There is no entry fee and no purchase necessary to complete the survey. The survey must be completed in its entirety in order to receive any discount code provided at the survey completion.

                By completing the survey, an entrant is indicating his/her agreement to be bound by these terms and conditions. Route to entry for the competition and details of how to complete the survey are on our website or on social media. You may complete the survey once only per person.  Multiple email accounts for the same person will alter survey results and therefore it is at the discretion of Leina & Fleur to void a survey code where the same person has entered more than once.

                Closing date for survey completion will be advised via website or social media post. The survey has a quota of 5000 maximum responses.  Once this capacity has been reach Leina & Fleur can and will remove the survey from accepting further responses.  If this quota is reached prior to the advertised completion date no further responses will be accepted.  If the maximum response quota is not reached by the finish date no further survey entries will be accepted once that date has passed. No responsibility can be accepted for entries not received for whatever reason.

                The promoter reserves the right to cancel or amend the survey and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the survey will be notified to entrants as soon as possible by the promoter.

                The discount code provided on survey completion is as follows: $50 Survey code to be used at the Leina & Fleur website - the code cannot be exchanged for cash payment. The code is for single use and cannot be used in conjunction with any other code including rewards (voucher) codes or gift cards. The voucher can  be used on Leina & Fleur garments only (accessories including belts, earrings and gift cards can not be purchased using the Survey voucher). The Voucher will be valid for use until 31 August, 11.59pm AEST.

                The survey discount code is not transferable. 

                By completing this survey, an entrant is indicating his/her agreement to be bound by these terms and conditions.

                The survey and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australian.

                Any personal data collected will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

                Completion of this survey will be deemed as acceptance of these terms and conditions.

                This survey is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Leina & Fleur and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found in section 1.4.

                1.9 - Discount Codes

                Welcome Code
                • Our welcome code is for $25 off your first purchase
                • Our welcome code needs to be applied manually at time of purchase (add to discount box at check out)
                • All accessories (including scarves, earrings, belts etc) are exempt from this promotion
                • One time use only