OVERVIEW

This website <www.buywabisabi.com.au> (“the Site”) is owned and operated by 1101 Pty Ltd ACN 663 604 340 (“the Supplier/WABI SABI”). WABI SABI offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here. Please ensure you review and understand these terms and conditions (“Terms of Service”, “Terms”) before accessing or using the Site.

The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees (collectively referred to as “the WABI SABI Entities”). The Supplier and the WABI SABI Entities provide the Site so that customers are able to place online orders with WABI SABI.

By using, browsing and/or accessing the pages or services in the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. By visiting this site and/ or purchasing something from WABI SABI, you agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. If you do not agree to these Terms of Service, please do not use the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these Terms of Service contain disclaimers and other provisions that limit the Suppliers or the WABI SABI Entities’ liability to you. You further agree that you will not use the Site for any unlawful purpose. In the event that you do not wish to be bound by these Terms of Service, please do not use browse or access the Site.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. The most current version of the Terms of Service can be viewed at any time on this page. WABI SABI reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the website and it is your responsibility to keep up to date with any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the Site. WABI SABI store is hosted on Square Space. They provide the online e-commerce platform that allows WABI SABI to sell their products and services to you.

1.     ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are of the age of majority in the state or province you resident or have provided WABI SABI consent to allow any of your minor dependants to use this site.

You are not authorised to use WABI SABI products for any illegal activity, nor to violate any laws in your jurisdiction.

You must not transmit any computer virus or other harmful components, whether or not knowingly.

A breach or violation of any of the Terms will result in an immediate termination of access to the site.

2.     GENERAL CONDITIONS

WABI SABI reserves the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3.     ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

WABI SABI is not responsible if information on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon for decision making without first consulting primary, accurate, complete or current sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which is not current and is provided for your reference only. WABI SABI reserves the right to modify the contents of this site at any time, but do not have an obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

4.     MODIFICATIONS TO THE PRODUCTS/SERVICES AND PRICES

Prices for products may be subject to change without notice.

WABI SABI reserves the right to modify or discontinue the Products/Services (or any part or content thereof) without notice at any time.

WABI SABI shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products/Services.

5.     PRODUCTS OR SERVICES

Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange according to WABI SABI’s Return Policy.

WABI SABI cannot guarantee that your computer monitor's display of any colour or image of their products will be accurate to how they appear at the store.

WABI SABI reserves the right to limit the quantities and sales of their products or services to any person, geographic region or jurisdiction but are under no obligation to do so. WABI SABI, at their sole discretion, may change any descriptions of products or product pricing at anytime without notice. WABI SABI reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

WABI SABI do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

6.     ACCURACY OF BILLING AND ACCOUNT INFORMATION

WABI SABI reserves the right to, in their sole discretion, refuse any order you with place with them, including the right to limit or cancel quantities purchased per person, per household or per order. If WABI SABI makes a change to an order or cancels it, they may attempt to notify you via the contact information you provided at the time the order was made including your e‑mail and/or billing address/phone number. WABI SABI reserve the right to limit or prohibit orders that, in their sole judgment, 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 WABI SABI’s store so that they can complete your transactions and contact you as needed.

For more information, please refer to WABI SABIS’s Returns Policy.

7.     OPTIONAL TOOLS

You may have access through WABI SABI’s website to third-party tools which they do not monitor nor have any control or input.

You acknowledge and agree that WABI SABI provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. WABI SABI is not responsible for and have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered by third-parties through the site is entirely at your own risk and discretion and you should ensure that you acknowledge and agree to the terms on which tools are provided by the relevant third-party provider.

WABI SABI may also, in the future, offer new services and/or features through the website that shall also be subject to these Terms of Service.

8.     ADVERTISING & LINKS TO THIRD PARTY WEBSITES

Certain content, products and services available via the website may include materials from third-parties.

This site may contain information from or hyperlinks and other pointers to internet websites operated by third-parties that are not affiliated with us. WABI SABI is not responsible for examining or evaluating the content or accuracy and they do not warrant and will not be liable or responsible for any third-party materials or websites that may be accessible through the site. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

WABI SABI are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please ensure you carefully review and understand the third-party's policies and practices prior to engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

You further agree that the personal data you choose to give to unrelated third parties is not covered by the Supplier’s privacy policy and you are encouraged to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with the Supplier and/or the WABI SABI Entities and you acknowledge any such sharing is governed by that third party company’s privacy policy.

9.     USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that WABI SABI may edit, copy, publish, distribute, translate and otherwise use it at any time, without restriction. WABI SABI are under no obligation to maintain any comments in confidence, pay compensation for any comments or respond to any comments.

WABI SABI may, but have no obligation to, monitor, edit or remove content that in their sole judgment they determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. WABI SABI take no responsibility and assume no liability for any comments posted by you or any third-party.

10.  PERSONAL, NON-COMMERCIAL USE

WABI SABI’s use of personal information that you provide them is governed by the Privacy Policy.

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site solely for the proper and reasonable purposes of:

a) Placing an order with the Supplier; or

b) Using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Service.

We encourage you to carefully read the Suppliers privacy policy (“the Privacy Policy”), refund policy (“the Refund Policy), and delivery policy (“the Delivery Policy”). You agree, and unless other consents or notices are required by law, that using, browsing and/or accessing the pages or services in the Site, that you will be bound by the terms of the Privacy Policy, the Refund Policy and the Delivery Policy and to the use of such personal information and any submissions by the Supplier and/or the WABI SABI Entities in accordance with the Privacy Policy, the Refund Policy and the Delivery Policy.

You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the Terms of Service, or to cause damage on or through use of the Site. You warrant to the Supplier that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libelous, defamatory, obscene or abusive material.

11.  ERRORS, INACCURACIES AND OMISSIONS

WABI SABI reserves the right to correct any typological errors, inaccuracies or omissions that may appear on their site in relation to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. WABI SABI reserve the right to change or update information or cancel orders, without notice, if any information is inaccurate (including after you have submitted your order).

Except where required by law, WABI SABI has no obligation to update, amend or clarify information on this website. Any specified update or refresh date on this website, should not be taken to indicate that all information has been modified or updated.

12.  LICENCE TO USE

You grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.

You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of the Supplier and/or the WABI SABI Entities or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.

13.  PROHIBITED CONDUCT

In additional to the other prohibitions set out in these Terms of Service, you are not authorised to use the site or its content:

(a)   for any unlawful purpose;

(b)   to solicit others to perform or participate in any unlawful acts;

(c)   to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d)   to infringe upon or violate WABI SABI intellectual property rights or the intellectual property rights of others;

(e)   to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f)    to submit false or misleading information;

(g)   to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h)   to collect or track the personal information of others;

(i)    to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j)    for any obscene or immoral purpose; or

(k)   to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

WABI SABI reserves the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.

The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the WABI SABI Entities. The Supplier and/or the WABI SABI Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these Terms of Service.

14.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WABI SABI does not guarantee, represent or warrant that your use of this website will be uninterrupted, timely, secure or error-free.

WABI SABI do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time WABI SABI may remove their website for indefinite periods of time or cancel it at any time, without notice to you.

You expressly agree that your use of this website is at your sole risk. The website and all products and services delivered to you through it are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WABI SABI, their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, WABI SABI liability shall be limited to the maximum extent permitted by law.

15.  INDEMNIFICATION

You agree to indemnify, defend and hold harmless WABI SABI and their parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

16.  SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. In the event of such determination, this shall not impact the validity and enforceability of any other provisions in these Terms of Service.

17.  TERMINATION

These Terms of Service are effective unless and until terminated by either you or WABI SABI. You may terminate these Terms of Service at any time by notifying WABI SABI that you no longer wish to use the site, or when you cease using the site.

If in WABI SABI’s sole judgment, you fail to comply with any term or provision of these Terms of Service, WABI SABI may terminate this agreement at any time without notice and accordingly may deny you access to their site (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall remain after termination of this agreement for all purposes.

18.  ENTIRE AGREEMENT

If WABI SABI do not exercise or enforce any right or provision of these Terms of Service, this shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by WABI SABI on this site or in respect to use of this site constitutes the entire agreement and understanding between you and WABI SABI, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and WABI SABI (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

19.  GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the parliament laws of Australia. You and WABI SABI agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.

20.  REVISIONS TO TERMS OF SERVICE

You can review the most up-to-date version of the Terms of Service at any time on this page.

WABI SABI reserves the right, at their sole discretion, to revise or amend any part of these Terms of Service by posting them to the website. Any changes will take immediate effect and it is your responsibility to check the website periodically for changes. Your continued use of the website constitutes acceptance of the amended Terms. If you do not agree to the new posted Terms, your only remedy is to stop using the Site.

You agree that, in the event that any portion of these Terms is found to be unenforceable, the remainder of these Terms remain in full force and effect.

Whist the Supplier and the WABI SABI Entities’ seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by the Supplier on the Site, the Supplier cannot guarantee that the information provided is always up to date and correct or that the Site contains all the relevant information available.

21.  ORDERING GOODS

Access is via the Site. You must be careful when entering your details, as you are solely responsible for any details entered on the Site and agree to indemnify the Supplier accordingly. Any order placed by you in the manner described in the Site is an offer by you to purchase a particular product or service for the price (including other charges) specified on the Site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for the goods ordered. Order cancellations cannot be made for any reason whatsoever. For refunds, please refer to the Refund Policy.

You further agree that the Supplier may change the prices published on the Site at any time. Prices of products placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this Site, the Supplier is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia. Within this area, our policies as to returns apply as set out in these Terms of Service.

The Supplier reserves the right to terminate your ability to order via the Site, effective immediately without first notifying you in advance should you not operate your account in line with the Terms of Service.

22.  PRICE

All prices are not inclusive of GST unless otherwise specified. Prices displayed on the Site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.

All prices are in the Australian Dollar.

23.  IP PROTOCOL ADDRESSES AND WEB LOGS

The Site's web servers will automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Site usage levels, helping diagnose problems with the Site's servers and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.

24.  NO ASSIGNMENT AND WAIVER

You may not transfer or assign in any way any of your rights or obligations under these Terms of Service. Any such transfer or assignment shall be null and void.

The Supplier and/or the WABI SABI Entities failure to insist upon or enforce strict compliance with any provision of these Terms of Service shall not be construed as a waiver of any provision or right.

25.  COMPLETE UNDERSTANDING

You warrant and agree with the Supplier that these Terms of Service and the WABI SABI privacy policy, constitute the entire understanding between the Supplier, the WABI SABI Entities and you with respect to your use of the Site, including, but not limited to, all orders placed through the Site.

26.  CONTACT INFORMATION

For more information or any questions you have regarding these Terms of Service, please contact info@buywabisabi.com.au or via post to 19 Banks Close, Bateau Bay NSW 2261.