Website Terms and Conditions of Use

1. About the Website

a) Welcome to weekendessentials.co (the ‘Website’). Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

b) The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Services’).

c) Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

d) The website is operated by Weekend Essentials. Access to and use of the Website, or any of its associated Products or Services, is provided by Weekend Essentials. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

e) Weekend Essentials reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Weekend Essentials updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Weekend Essentials in the user interface.

3. Registration to use the Purchase Services

a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

b) You warrant that any information you give to Weekend Essentials in the course of completing the registration process will always be accurate, correct and up to date.

c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

d) You may not use the Purchase Services and may not accept the Terms if:

i) you are not of legal age to form a binding contract with Weekend Essentials; or

ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

3. Your obligations as a Member

a) As a Member, you agree to comply with the following: You will use the Purchase Services only for the purposes that are permitted by:

i) the Terms;

ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Weekend Essentials of any unauthorised use of your password or email address or any breach of security of which you have become aware;

v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Weekend Essentials providing the Purchase Services;

vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Weekend Essentials for any illegal or unauthorised use of the Website; and

viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

4. Purchase of Products and Returns Policy

a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

b) Payment of the Purchase Price may be made through Shopify (the ‘Payment Gateway Provider’). In using the Purchaser Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

c) Following payment of the Purchase Price being confirmed by Shopify, you will be issued with a receipt to confirm that the payment has been received and Weekend Essentials may record your purchase details for future use.

5. Warranty

a) Weekend Essential’s goods come with guarantees that cannot be excluded under the Australian Consumer Law.

b) You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage.

c) You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

6. Copyright and Intellectual Property

a) The Website, the Purchase Services and all of the related products of Weekend Essentials are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Weekend Essentials or its contributors.

b) Weekend Essentials retains all rights, title and interest in and to the Website will transfer to you:

i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Weekend Essentials; or

ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

c) You may not, without the prior written permission of Weekend Essentials and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

a) Weekend Essentials takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Weekend Essentials’ Privacy Policy, which is available on the Website.

8. General Disclaimer

a) You acknowledge that Weekend Essentials does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

b) Weekend Essentials will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

d) Subject to this clause, and to the extent permitted by law:

i) all terms, guarantees, warranties, representation or conditions which are not expressly stated in these Terms are excluded; and

ii) Weekend Essentials will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

iv) the Content or operation in respect to links which are provided for the User’s convenience;

v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

a) Weekend Essential’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Weekend Essentials is the resupply of information or Purchase Services to you.

b) You expressly understand and agree that Weekend Essentials, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include but is not limited to, any loss of profit (whether incorrect directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

c) Weekend Essentials is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Weekend Essentials, by third parties or by any of the Purchase Services offered by Weekend Essentials.

11. Modifications to the Website and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

12. Products or Services

a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

b) We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website.. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

c) We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Weekend Essentials. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

13. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

14. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. Disclaimer

a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

b) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

c) You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use.

17. Termination 

The Terms will continue to apply until terminated by either you or by Weekend Essentials as set out below. 

a) You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Services. Your notice should be sent, in writing, to hello@weekendessentials.co via the ‘Contact Us’ link on our homepage. 

b) Weekend Essentials may at any time, terminate the Terms with you if:

i) you have breached any provision of the Terms or intend to breach any provision;

ii) Weekend Essentials is required to do so by law;

iii) the partner with whom Weekend Essentials offered the Purchase Services to you has terminated its relationship with Weekend Essentials or ceased to offer the Purchase Services to you;

iv) Weekend Essentials is transitioning to no longer providing the Purchase Services to Users in the country in which you are a resident or from which you use the service; or

v) the provision of the Purchase Services to you by Weekend Essentials is, in the opinion of Weekend Essentials, no longer commercially viable.

c) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Weekend Essentials have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

18. Indemnification

a) You agree to indemnify Weekend Essentials, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.

i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through Website;

ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

iii) any breach of the Terms.

19. Dispute Resolution

a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). 

b) Notice:

A party to the Terms claiming a dispute (‘Dispute’) haas arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. 

c) Resolution:

On receipt of that notice (‘Notice) by that other party, the parties to the Terms

(‘Parties’) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; 

(ii) if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre located in Sydney, NSW.

20. Venue and Jurisdiction

The exclusive venue for resolving any dispute which does not resolve pursuant to clause 13(c) of the Terms shall be in the court of New South Wales, Australia. 

21. Governing Law

a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under the pursuant to the law of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules.

22. Severance

a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.