Thank you for visiting the lovekins.com website (the "Site"). You may be accessing our Site from a computer or a mobile device (e.g. through our mobile application). These terms govern your use of our Site and your conduct, regardless of the means of access.
Site Terms and Conditions
These terms and conditions apply to the use of this Site, including the purchase of goods over this Site. In using this Site for these or any other purposes, you agree to be bound by these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Site. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions. If you do not agree with the terms of this Site or its changes or modifications, you must immediately cease using the Site.
In these terms and conditions, the expressions we, us and our, are a reference to Lovekins Pty Ltd and Lovekins Trading Australia Pty Ltd.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
You may offer to purchase goods described on this Site for the price specified on this Site. Your order must contain the ordering information specified on this Site.
When you place your order on the Site, you will receive an email from us acknowledging our receipt of your order and the details of your order. This email is not acceptance of your order.
We will, at our discretion, accept or reject your offer to purchase goods from the Site. Our acceptance of your order will be communicated to you when we send you an email to confirm the goods in your order have been dispatched and are with the designated carrier.
If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non‑acceptance of that offer.
We give no undertaking as to the availability of products advertised on this Site.
Delivery of the goods to you will be affected in the manner described on this Site.
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Payment must be effected in the manner described on the Site. Prices shown on the Site are in and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout.
Prices or shipping are subject to change effective immediately upon posting of such price changes to the Site or other form of notification. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
Orders placed on this Site can be delivered within Australia and to certain countries outside of Australia.
The goods are offered for sale only to persons who can make legally binding contracts.
Subject to the availability of the products you have ordered, we will endeavour to deliver the order consisting of the product(s) listed in each order within the estimated timeframe indicated when selecting the delivery method.
In consideration of your use of the Site, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Information") and
- maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, goods may be listed at an incorrect price or with incorrect information due to a typographical error or an oversight. In these circumstances and to the extent permitted by law, we reserve the right to cancel the transaction and we reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after you have been charged for the goods, we will issue a refund to you for the amount in question and this refund will be processed via the payment method you used to purchase the goods from the Site.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods supplied pursuant to an order placed on this Site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
You expressly agree that use of the Site is at your sole risk. In no event will we, our directors, officers, employees and representatives, third-party content providers or the like warrant that the Site will be uninterrupted or error-free. In addition, we do not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site.
Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorised access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the Site; (v) negligent or wilful acts of us, our directors, officers, employees and representatives or (vi) any other matter relating to the Site.
You agree to indemnify and hold us, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of the content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these terms, or your violation of any rights of another.
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Responsibility for the content of advertisements appearing on this Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over this Site will meet your requirements.
Details contained on this Site relating to goods have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this Site concerning those goods will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods from this Site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
- commercialise any information, products or services obtained from any part of this Site;
without our written permission.
This web site includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including, but not limited to “LOVEKINS”, "LOVEKINS WOMEN".
You must not use any of our trade marks or “LOVEKINS”, "LOVEKINS WOMEN":
- in or as the whole or part of your own trade marks or business name or company name;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this Site).
You must not authorise or assist any person to do any of the acts specified above.
Unless we agree otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on‑sell information obtained from this Site.
This Site may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble‑shooting or maintenance purposes or if any form of email abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms are held to be invalid, unenforceable, or illegal for any reason, the remaining terms shall nevertheless continue in full force.