Terms & Conditions

1. About these terms

These Terms & Conditions (the Terms) govern your use of the Liambay website (the Website) and every purchase you make from us. By using the Website or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

The Website is operated by Liambay of 214 Auburn Street, Goulburn NSW 2580, Australia (Liambay, we, us or our). Our other contact details are on our Contact Us page.

These Terms should be read together with our Privacy Policy, Refund & Returns Policy, Shipping & Delivery Policy and Warranty & Consumer Guarantees page, which form part of your contract with us.

2. Your consumer rights

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (the ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

3. Using the Website

You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:

• use the Website in a way that is fraudulent, misleading or harmful;
• attempt to gain unauthorised access to the Website, our systems or other users’ accounts;
• introduce viruses or other malicious code, or interfere with the Website’s operation;
• use automated tools to scrape or copy content from the Website without our written consent; or
• place orders on behalf of another person without their authority.

You must be at least 18 years old, or have the supervision of a parent or guardian, to place an order.

4. Products and information

We try to make sure that product descriptions, images, specifications and prices on the Website are accurate. Colours may vary depending on your screen, and some manufacturers change specifications without notice. If you notice an error, please let us know. Products are supplied for personal use. Unless we agree otherwise in writing, you must not purchase products for resale.

5. Prices and GST

All prices are in Australian dollars (AUD) and include GST, where applicable. Delivery within Australia is free, as set out in our Shipping & Delivery Policy. Prices and promotions may change at any time without notice, but a change will not affect an order that we have already accepted.

If a product is advertised at an incorrect price because of an obvious error, we may cancel the order and refund you in full, even if we have already sent an order confirmation. We will contact you before doing so.

6. Placing an order and our acceptance

When you place an order, you are making an offer to buy the products. We will email you an order confirmation, but this is not our acceptance of your order. A binding contract is formed only when we dispatch your products or otherwise notify you that your order has been accepted.

We may decline or cancel an order in whole or in part, for example if a product is unavailable, if there is a pricing or description error, if we cannot verify your identity or payment, or if we suspect fraud. If we cancel an order after you have paid, we will refund you in full.

7. Payment

We accept the following payment methods:

• Credit and debit card, processed securely by Stripe; and
• Bank transfer, to the account details we provide when you place your order.

For card payments, the payment is taken when you place the order. We do not store your full card details, as these are handled by Stripe. For bank transfers, your order is held and processed once the full payment has cleared in our account, and we may cancel an order if payment is not received within a reasonable time, which will normally be 3 business days. You must use the order number as the payment reference.

You warrant that you are authorised to use the payment method you choose. We may carry out fraud checks and may delay or cancel an order if payment is declined, disputed or reversed.

8. Delivery

We deliver within Australia as set out in our Shipping & Delivery Policy. Delivery dates are estimates only. Risk in the goods passes to you on delivery. Ownership passes to you when we receive full payment.

9. Returns, refunds and warranties

Returns and refunds are governed by our Refund & Returns Policy. Warranties and consumer guarantees are set out in our Warranty & Consumer Guarantees page. Many products also carry a manufacturer’s warranty. Those warranties are in addition to your rights under the ACL.

10. Accounts

If you create an account, you must give us accurate information and keep your password confidential. You are responsible for all activity under your account. Please tell us immediately if you suspect unauthorised use. We may suspend or close an account if you breach these Terms.

11. Intellectual property

All content on the Website, including text, graphics, logos, images, software and the Liambay name, is owned by or licensed to us and is protected by copyright, trade mark and other laws. You may view and print the content for your own personal, non-commercial use. You must not copy, reproduce, modify, distribute or exploit any content without our prior written consent.

Product names, logos and brands belonging to manufacturers and other third parties are the property of their respective owners, and their use on the Website does not imply endorsement.

12. Limitation of liability

To the maximum extent permitted by law, and subject to section 2:

• we exclude all warranties, conditions and terms that are not expressly stated in these Terms, and that would otherwise be implied by law;
• we are not liable for any indirect or consequential loss, loss of profit, loss of data or loss of business opportunity arising from your use of the Website or the products; and
• where we are liable for a breach of a guarantee under the ACL that is not a guarantee as to title, quiet possession or undisclosed securities, and the goods are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

We do not guarantee that the Website will be uninterrupted or error-free, and we are not liable for any loss caused by events beyond our reasonable control, including outages, cyber-attacks, natural disasters, industrial action or carrier delays.

13. Third-party links

The Website may link to third-party websites. We do not control or endorse them and are not responsible for their content or practices.

14. Privacy

We collect and handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

15. Changes to the Website and these Terms

We may change these Terms or the Website at any time. The Terms in force at the time you place an order will apply to that order. Your continued use of the Website after changes are published means you accept the updated Terms.

16. General

• Governing law: these Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
• Severability: if any provision is found to be invalid or unenforceable, it will be severed, and the remaining provisions will continue in force.
• Waiver: a failure or delay in enforcing a right under these Terms is not a waiver of that right.
• Entire agreement: these Terms, together with the policies referred to in them, are the entire agreement between you and us about your purchase.
• Assignment: you may not transfer your rights under these Terms without our written consent. We may assign ours to a successor to our business.

17. Complaints and contact

If you have a complaint, please contact us through the details on our Contact Us page. We will acknowledge it within 2 business days and aim to resolve it promptly. You may also contact the NSW Fair Trading or the Australian Competition and Consumer Commission (ACCC).