This Agreement is a contract between you and Ling Nan (Aus) Group Pty Ltd (ABN 80 664 861 107) (“LNAG”) when you shop using the Ling Nan (Aus) Group website or the Ling Nan (Aus) Group App (“Ling Nan (Aus) Group Online”). It sets out how you can purchase goods from Ling Nan (Aus) Group Online. By completing the customer application process and using Ling Nan (Aus) Group Online, you are bound by this Agreement.
1. Interpretation
Agreement is an agreement between you and LNAG to supply goods and consists of the Order and these Conditions.
Conditions are these conditions, and any additions or variations;
Delivery Address, if arranged, is the address where the goods are to be delivered as stated on the Order;
Delivery Fee is the fee payable to LNAG for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order.
Goods are items in an order, and include packaging;
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Order is an order by you to purchase goods via Ling Nan (Aus) Group Online from LNAG.
Product List is the list of Goods displayed on Ling Nan (Aus) Group Online.
Related Corporation has the same meaning as “related body corporate” in the Corporations Act 2001 (Cth).
2. The Agreement
An agreement exists once LNAG accepts an Order from you which occurs when your order and payment or payment pre-authorisation is processed. Each Order is a separate Agreement.
3. Order, collection and delivery of goods
Delivery area: Orders for delivery, if arranged, to addresses that are not in the LNAG delivery area cannot be processed. We’ll let you know if your Delivery Address ceases to be in an area where LNAG delivers Goods.
Business Customers: Customers wishing to set up a business account can email [email protected]. Business customers will be bound by these conditions, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account. Customers are not permitted to purchase any items for resale to a third party for retail, wholesale or trade purposes without the prior consent of Ling Nan (Aus) Group.
Orders, delivery and collection of goods
Late cancellation fee: If you cancel an Order after the order cut off time, LNAG may charge you and you must pay a late cancellation fee.
Delivery
Authorised receipt of Goods: LNAG reserves the right to verify the identity of anyone placing, collecting or receiving an order which may include (but not limited to) requesting identification and/ or proof of purchase.
Collection of goods are specified at the location(s) stated on your order.
Cancellation:If you need to make any changes to or would like to cancel your Order, contact us on 0432655599 and we will discuss your options with you.
We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:
There was any error in the description of any of the Goods in your Order or the price as advertised by us.
Suspected fraudulent activity
Your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.
Your order is unable to be fulfilled due to unavailability of the products you have ordered from the fulfillment location.
In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.
Large / Bulk orders: Large / bulk orders are defined as any orders containing items that have been ordered above their stated retail limit. It is advised that the customer places any large/bulk orders at least 14 days before their intended collection day. This is to ensure orders of this nature are fulfilled as adequately as possible by our stores.
4. Risk and title in the goods
Risk and title in the Goods passes to you upon delivery or collection following online payment for the Goods, either at the Delivery Address, if arranged (including an Unattended Delivery at the Delivery Address or Pick Up Locations).
5. Refunds
You can make a claim for a refund or credit if:
You believe that you did not receive or collect Goods that you were charged for and notify LNAG within 7 days. There is a fault or defect with Goods you have purchased, and you notify LNAG within 7 days. Email [email protected] or call 0432655599 to lodge your claim. We’ll assess your claim and are happy to offer a refund for any missing or faulty Goods.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
6. Price of goods and payment
Delivery Fee: If required by LNAG, you must pay the Delivery fee for each Order to LNAG.
Card fees: If charged by LNAG, you must pay eftpos, or credit or debit card processing fee.
Specials: LNAG may offer exclusive online specials, but please be aware some in-store specials are not available on Ling Nan (Aus) Group’s website. Please note that specials and offers change on a a regular basis.
Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation.
Pricing Errors: LNAG reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the goods pursuant to clause 4 above.
Tax invoice: Before or upon delivery of the Goods, we’ll provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
Method of payment: At the time you place the Order, you’ll be required to select your payment method being either, online payment by credit card or debit card. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
Promo codes
We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
Out of stocks
LNAG doe not provide rainchecks on Goods ordered by you on Ling Nan (Aus) Group Online.
7. Packaging and labelling of goods
LNAG aims to provide up-to-date pictures and details of the Goods on our site. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. LNAG does not warrant the accuracy of the information contained in the Product List, descriptions and pictures and recommends that you read labels carefully before purchasing Goods.
8. Intellectual property rights
You acknowledge that LNAG or its related bodies corporate own or are licensed to use all Intellectual Property Rights in Ling Nan (Aus) Group Online, including any images, photographs or text that appears on Ling Nan (Aus) Group Online. You must not make any representation to the contrary and you must not use or copy Ling Nan (Aus) Group Online in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on Ling Nan (Aus) Group Online are owned by or licensed to LNAG or its related bodies corporate, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
9. Liability
9.1 LNAG will use reasonable care and skill in providing Ling Nan (Aus) Group Online for your use.
9.2 Subject to clauses 9.3, 9.4 and 9.54, we are responsible for Loss suffered by you as a result of:
- our negligence if it causes personal injury or death; or
- a serious breach of this Agreement by us,
if that Loss was reasonably foreseeable at the time.
9.3 Subject to clause 9.2 and to the extent permitted by law, you release and discharge LNAG and its related bodies corporate from all forms of direct, special, indirect or consequential Loss (including loss of profits, loss of data or Loss that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Ling Nan (Aus) Group Online or this Agreement (including the installation, downloading, use or performance of any software related to Ling Nan (Aus) Group Online).
9.4 In respect of Deliveries, if arranged only, to the maximum extent permitted by law or as otherwise set out in these terms and conditions, LNAG shall not be liable to you or to any other person for any loss, as a result of an act or omission by or on behalf of LNAG arising out of or in connection with this Agreement including but not limited to:
- where Goods are left at the Delivery Address as requested pursuant to the delivery notes left by a customer;
- where Goods are left at a Delivery Address in a manner that is consistent with the delivery instructions specified in the request for an Unattended Delivery; or
- where Goods are not left at the delivery address and require redelivery arrangements to be made.
except to the extent that such loss or damage arose as a direct result of our fraud or willful misconduct of Ling Nan (Aus) Group Online.
9.5 Provided that it’s fair and reasonable to do so, any liability by LNAG resulting from a breach of warranty (express or implied) will be limited as follows:
- If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods.
- If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the deliveries supplied again.
These limitations don’t apply to any condition or warranty implied by legislation that does not permit LNAG’s liability to be limited.
10. Use of the website
You may only use the Website for personal purposes unless Ling Nan (Aus) Group Online provides express written consent to the contrary.
11. Third party websites
Ling Nan (Aus) Group Online may contain links to websites controlled by third parties (“third party websites”). LNAG isn’t responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites, you do so at your own risk and should make your own enquiries before relying on any content you view there.
LNAG makes no representations that third party websites do not infringe anyone’s Intellectual Property Rights.
12. Notification of changes
LNAG may add to, delete, or otherwise change any of the terms of this Agreement. Your use of Ling Nan (Aus) Group Online after notice will constitute your deemed acceptance of such changes.
13. Privacy and security
We collect, hold, use and disclose your personal information so that we can provide goods and services to you, improve and personalise our services for you and operate our business effectively. This includes, but is not limited to:
- Managing your requests for products and services, including deliveries, processing payments, providing refunds and discounts;
- Responding to feedback or concerns you have regarding our products and services;
- Registering and servicing your account, including keeping your information up-to-date, and verifying your identity;
- Communicating with you about our products, services, and promotions (including direct marketing);
- Requesting feedback through surveys and research so that we can improve our products and services;
- Improving our operational processes to enhance your customer experience;
- Working with our service providers;
- Safety, security, investigative, fraud, and loss prevention activities;
- Facilitating corporate transactions like mergers and acquisitions, e.g. to assess those transactions and manage the transition of the business;
- Complying with our legal obligations and protecting and defending our legal rights and interests;
- Interacting with Regulators and relevant government entities; and,
As otherwise required or permitted by law.
Where you provide us with personal information about someone else, you must have their consent to provide their personal information to us based on this Privacy Policy.
14. Notices
LNAG may give notice to you by email, conventional mail or notice on Ling Nan (Aus) Group Online. You may give notice to LNAG by email to [email protected].
15. Severability
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
16. Laws
The laws of Victoria govern this Agreement.