Terms and Conditions

Ownership of the Site

Welcome to lamyshop.com.au (the "Site"). This Site is operated and owned by Telegram Group Pty Ltd ACN 50 606 166 741. Please read these Terms and Conditions of Use (“Terms of Use””) carefully before using this Site. By using the Site, you agree to be bound by these Terms of Use. In these Terms of Use, the expressions, we, us and our are a reference to Telegram Group Pty Ltd.

Agreement to Terms of Use

These Terms of Use apply to the Site, including the purchase of goods and services over the Site.  By using this Site, you agree to these Terms of Use. If you do not agree, then please refrain from using the Site.

Amendments to Terms of Use

We may in our sole discretion, amend these Terms of Use at any time by posting modified Terms of Use. By continuing to use the Site following any such amendments, you agree to the Terms of Use, as amended.

Identity of Seller

Telegram Group Pty Ltd ACN 50 606 166 741 63A Little Oxford Street
Collingwood VIC 3066
Australia
Phone: +61 3 9318 0822

Note: Customers are not able to visit this address.

Orders

The goods and services available at the Site are only for sale to persons who can make legally binding contracts (and not persons barred from receiving services under the federal laws of Australia or other applicable jurisdiction).

Subject to these Terms of Use, you may offer to purchase goods or services described on the Site for the price specified on the Site. Your order must contain the order information specified on the Site, including your name, address and credit card details. We are not liable for any orders that go missing due to incorrect delivery information provided by you.

We will at our discretion accept or reject your offer to purchase.

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 on dispatch.

Further details regarding online orders, payment, shipping and delivery, viewing and changing your order and returns and refunds may be found at the Site and applicable terms and conditions referred to at the Site are incorporated into these Terms of Use by reference.

Prices

Prices are in Australian dollars unless otherwise indicated.

GST

Where products are shipped from Australia, its price (including any applicable delivery and order charge) is inclusive of Australian goods and services tax. Where products are shipped from outside Australia its price (including any applicable delivery and order charge) is exclusive of Australian goods and services tax. Where goods and services tax is required to be included, prices are inclusive of goods and services tax.

Cancellation due to error

You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question.

Warranty

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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Our liability to you in respect of goods purchased by you from the Site is limited, at our option, to one or more of the following:

In the case of goods:

  • the replacement of the goods;
  • the supply of equivalent goods;
  • the repair of the 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.

    • In the case of services:

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

    • The benefits of the warranty above are in addition to other rights and remedies which you may have at law in respect of the goods or services to which the warranty relates.

    Return process 

    In the rare circumstance you receive a faulty or damaged product upon delivery, please lodge a return via the process detailed on our returns page and we will arrange to have the item replaced.

    All faulty/damaged goods must be returned to us for inspection.

    We recommend that you return your unwanted items using registered post or trackable postage service (like eParcel). We cannot be held responsible if returned items are lost in transit. If the item is faulty, damaged, or the received product is not what was represented at time of purchase, we will cover all postage costs and provide a full refund. We will provide return paid postage information for your warranty return.

    We will investigate your claim within a reasonable time of receiving your request complying with the requirements above.

    Refunds or exchanges

    Your purchase from the Site automatically includes a 60-day exchange or refund option. You can receive a refund or exchange for something else within 60 days of purchase. If an item is not what you ordered, or is faulty, a full refund will be offered, including postage costs.

    For change of mind refunds or exchanges, you will be responsible for the return postage to get the item back to us. You will also need to pay for postage again if it was below the 'free shipping' threshold.

    Important:

    Returns are not available on items purchased with e-gift cards, sale items, bulk purchases, or customised items (unless damaged or faulty).

    We need any returned items to be in perfect, unused condition and complete with original packaging. Should the product not be in its original condition, then please contact us before returning it.

     We cannot be held responsible if returned items are lost in transit, which is why returns must be sent via registered post.

    Your refund will be made to your original payment method. If your refund is due to change of mind, it will be for the item(s), not for the original postage costs, unless your item was damaged or faulty.

    How to make a return is detailed here on:

    https://lamyshop.com.au/returns

    Nature of Information and Materials

    We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Site. While we take reasonable measures to keep the information on this Site accurate, complete and up to date, we will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information

    Restrictions on use

    Without our prior written consent, you may only access the Site for your personal, non-commercial use. You are authorised to print a copy of any information contained on the Site for those purposes only, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our prior written consent on-sell information obtained from the Site. You must not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.

    You must not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site. You must not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

    You must not violate or attempt to violate the security of the Site, including, without limitation by:

  • accessing data not intended for you, including logging into a server or account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without authorisation;
  • using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • conducting a reverse look-up, tracing or seeking to trace any information on any other user or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Site;
  • taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to our systems or networks;
  • disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede our ability to monitor or make available the Site;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  • attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; or
  • taking any action in order to obtain services to which you are not entitled.

    • Restrictions on Use of Materials

    All materials contained on this Site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by us or our affiliates. Except as permitted by the Copyright Act 1968 (Cth) and similar legislation which applies in your location) or expressly permitted by these Terms of Use, you may not: 

  • adapt, reproduce, store, distribute, print, display, perform, transmit, publish or create derivative works from any part of the Site; or
  • commercialise any information, products or services obtained from any part of the Site

    • without out prior written consent.

    Trade marks

    The Site includes registered trade marks owned by us (or our licensors) and trade marks that may be the subject of applications for registration by us (or our licensors).

    You must not use any of our trade marks or company names or business names:

  • in or as the whole or part of your own trademarks 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; or
  • in a manner that disparages us or our information, products or services (including the Site).

    • You must not authorize or assist any person to do any of the above.

    Monitoring

    We may monitor usage of the Site to determine compliance with these Terms of Use.

    Specific warnings

    You must take precautions to ensure that the process which you adopt for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with the Site or any linked website.

    We do not warrant the accuracy, adequacy or completeness of the information appearing on the Site, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information.

    You acknowledge that, despite 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 the 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.

    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 is transmitted 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. Further details of our security policy can be found at the following link: https://lamyshop.com.au/policies/privacy-policy.

    Links to Other Sites

    This Site may include links to other internet sites that are beyond our control. We are not responsible for the content of any such sites or make no representations regarding any such sites. Our links with these sites 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 extend otherwise indicated. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

    Disclaimer

    We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer in connection with your use of the 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 the Site.

    We will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise arising from or connected to the Site or these Terms of Use.

    To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms of Use.

    Nothing in this disclaimer is intended to limit or exclude any liability that cannot be lawfully excluded.

    Limitation of Liability 

    In no event shall we or our partners or affiliates, or contributors to this Site, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against us, our partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.

    Indemnification 

    You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless us, our partners, affiliates and contributors including our and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the Site and/or your breach of these Terms of Use.

    Privacy

    Our privacy and security policy may be found at the following link: https://lamyshop.com.au/policies/privacy-policy.

    Governing Law and Forum 

    These Terms of Use shall be governed by and construed in accordance with the laws of Victoria, without giving effect to any principles of conflicts of law. You submit to the exclusive jurisdiction of the Courts of Victoria.

    Non-Waiver

    Our failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

    General

    We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our control.

    The non-exercise or delay in performance of a right under these Terms of Use does not constitute a waiver. If we waive any rights available to us under these Terms of Use on one occasion, it does not mean that those rights will automatically be waived on any other occasion.

    Headings in these Terms of Use are for convenience only and do not affect interpretation.

    If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.