Terms of Use
In these Terms and Conditions 'we' and 'us' mean S3 Group Pty Ltd trading as le Domaine Kitchenware (ABN 71 110 130 875) of Ground Level Shop, 142 Victoria Road, Drummoyne NSW 2047 AUSTRALIA, and 'you' means the Registered Users and visitors of this website. By visiting and/or using the ledomaine.com.au website, associated services and functionality (the “Website”), you agree to be bound by these Terms and Conditions together with the Registration which constitute the entire Contract between us and you for the supply of Service. The Contract cannot be varied unless we agree to vary it in writing or by email.
We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products & Services (or any part thereof) with or without notice.
Prices of all Products and Services are subject to change without notice.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of le Domaine Kitchenware. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Copyright
All site content, design, graphics, interfaces, product information and specifications are copyright property of le Domaine Kitchenware. You may electronically copy and print hard copies of this site for the sole purpose of purchasing from ledomaine.com.au or personal use. Any other use of materials on this site, including but not limited to reproduction, modification, distribution and republication, without prior written permission of le Domaine Kitchenware is strictly prohibited. Any other commercial uses of these content is also prohibited.
Trademarks
All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary to le Domaine Kitchenware or other respective owners that have granted le Domaine Kitchenware the rights and licenses to use such Marks.
Product images, description and information
All products listed on ledomaine.com.au are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, and le Domaine does not represent or warrant that the information accessible via this site is accurate, complete or current.
Product images are provided for illustrative purposes only, and le Domaine does not warrant that products are true representations of the actual products.
All prices are quoted in Australian Dollars (AUD), inclusive of GST. Percentage savings are based on suppliers' Recommended Retail Price. Please note that all prices, specials and bonus offers are available only while stock lasts. Customers should assume that accessories are not included unless otherwise stated.
External Websites
This website may contain hyperlinks to other websites on the Internet that are owned and operated by third parties or third party vendors (the “External Websites”). You acknowledge that le Domaine Kitchenware is not responsible for the availability of, or the content located on or through, any External Websites. If you have any concerns regarding such hyperlinks or the content located on such External Websites, you should contact the site administrator or Webmaster of those External Websites.
Disclaimer
The products and services offered for sale by le Domaine Kitchenware are not available for users under the age of 18 and any other persons who are legally prohibited from entering into binding contracts. This site and all contents of this site are provided on an 'as is' basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that le Domaine Kitchenware shall not be liable for any damages of any kind related to your use of this site.
You agree to defend, indemnify and hold le Domaine Kitchenware harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the site.
Our Liability
Our service is provided on an 'as is' and 'as available' basis.
Le Domaine Kitchenware uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
Le Domaine Kitchenware shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Le Domaine Kitchenware, and Le Domaine Kitchenware shall be entitled to a reasonable extension of time for the performance of such obligations.
Whilst Le Domaine Kitchenware appoints eWay (Web Active Corporation Pty Ltd ACN 086 209 403) for its payment transactions with our customers, Le Domaine Kitchenware will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
These Terms were last Revised on 30th September 2010.
