TERMS AND CONDITIONS OF SALE

Terms and conditions of purchase – when you are bound
If you order any piece from us, you acknowledge and agree:
• that you are purchasing the piece on these terms and conditions of sale; and
• to be bound by these terms and conditions of sale.

Terms and conditions of sale – when we are bound
We will not be bound to supply the piece to you until we send you an invoice.

Prices
All prices on our website and in our invoices are in Australian dollars and, if applicable, are inclusive of GST. If you live outside Australia, there may be other taxes, levies or duties payable on your order and it is your responsibility to ensure that these are paid.

In addition to the price of the piece, you will be required to pay all costs associated with delivery of your piece and insurance for your piece during transit (if applicable).

Making an enquiry
If you would like to order any of our pieces please contact us by email or phone. We only make a limited number of each piece so we will let you know if the piece is available.

Information we will need
If the piece is available, we will need some information from you:
• size/measurements;
• contact details including name, postal address, contact telephone number(s) and email address;
• how you would like your piece delivered (eg. regular post, express post, registered post, courier etc.); and
• whether you would like to insure your piece whilst it is in transit. We take no responsibility for your piece should it become lost or damaged in transit so we recommend insurance.

Invoicing
Once we have confirmed that the piece is available and we have your information, we will send you an invoice for the total costs, including the price of the piece and delivery and insurance costs (if applicable).

Payments
To confirm your order we will require you to pay a deposit of 20% of the amount set out in our invoice. The deposit is non-refundable. The balance of our invoice will be payable before we can ship your piece.

All payments are to be made in Australian dollars by direct debit into our bank account, without deduction, set-off, withholding or counterclaim. Our bank account details will be set out in our invoice.

No cancellations
Once you confirm your order you cannot cancel the order unless we agree. If we do not agree, then you will be required to pay the full amount of our invoice.

Delivery
Once you confirm your order we will let you know the estimated date of shipment. All pieces are made to order so it will usually take between 1 to 2 weeks from the time you confirm your order for your piece to be shipped. If it will take us longer to ship your piece we will let you know. How long it will take for your piece to arrive will depend on where you live and how you would like your piece shipped. Where possible, we will provide you with an estimated delivery date and details to track your piece whilst in transit.

Warranties and limitation of liability
Each piece is unique – our pieces are made entirely by hand or may be finished by hand and so your piece may vary slightly to the description or photograph on our website.

Our pieces are delicate so please make sure that you follow the care instructions that come with our piece when wearing, cleaning or storing your piece.

We will not be responsible for:
• your piece whilst it is in transit;
• any damage to your piece caused by you or others;
• your piece once it has been worn, altered or cleaned;
• normal wear and tear on your piece.

We warrant that your piece will be free from defects in material and workmanship. If there are any defects you will need to let us know within 7 days of receiving your piece. We may ask you to provide details of the defects, including photographs and we may require you to return the piece to us for examination.

Depending on extent of the defects, we will do whatever we are required to do by law (eg. repair or replace your piece or give you a refund compensation).

If your piece is found to be defective we will reimburse you for all delivery and insurance costs incurred by you.

If we need to repair or replace your piece, we will do so as quickly as possible and at our cost. In this case, we will choose the method of delivery.

If a dispute arises (including as to the quality of the piece), you must accept and pay for your piece and settle any claim with us at a later date.

As each piece is made to order we can only accept the return of your piece if it is defective. You cannot return your piece to us in any other circumstances. If you do, then we will be able to sell your piece without prejudice to any claim we may have against you for damages or any other rights or remedies we may have.

To the extent permitted by law:
• we limit our obligations and liability to repairing or replacing your piece or the cost of repair or replacement, if after examination by us, it is found to be defective;
• we will not be liable for any contingent, consequential or punitive damages arising in any way whatsoever;
• we will not be liable for any claim, loss or expense sustained or incurred by any person arising in any way as a result of the unavailability of a piece, any delay in delivery of a piece or any failure to deliver a piece;
• any advice, recommendation, information or representation provided by us as to the quality of a piece or its suitability for a particular purpose or otherwise in relation to a piece is given in good faith but without any liability or responsibility on our part,
and you acknowledge:
• the express limitations of liability above and agree to limit any claim accordingly; and
• that you have not relied on or been induced by any representation made by us.

Governing law
Our contract with you will be governed by the laws of the State of Victoria and you agree to submit to the jurisdiction of the appropriate courts in that State.

Waiver
Any delay or failure to enforce any of these terms and conditions of sale by us will not be a waiver of any of these terms and conditions of sale.

Any waiver by us of any of these terms and conditions of sale must be in writing and will not constitute a waiver of subsequent breaches of the same or of a different kind.

Changes to these terms and conditions of sale
We can update these terms and conditions at any time. Any updates will be posted on our website.

Any other changes to our contract with you must be in writing.

Severance
These terms and conditions of sale will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.

Definitions and interpretation
In these terms and conditions of sale, unless the context otherwise requires:
• “we”, “us” or “our” means Andrea Pane and Bridget Bell trading as “The Final Peace”;
• “you” or “your” means and includes the person who places an order for a piece as set out in our invoice;
• “piece” means an item on our website;
• a reference to singular includes plural and vice versa;
• a reference to “includes” means “includes without limitation” and “including” means “including without limitation”;
• any agreement, warranty, representation or obligation which binds or benefits 2 or more persons, binds or benefits those persons jointly and severally;
• “$” or “dollars” is a reference to the lawful currency of Australia;
• examples in these terms and conditions of sale are descriptive only and are not intended to be exhaustive.

Questions
If you have any questions about one of our pieces or these terms and conditions of sale please do not hesitate to contact us by email or phone.