Terms & Conditions
TALULAH’s website(s) and related services are made available to you in accordance with the following Terms & Conditions of Use and Service. Please read our Terms & Conditions carefully before placing orders on www.talulah.com.au.
TALULAH is a trading name of The Localé Group PTY LTD, operating in Australia, ABN 76128114545. Our registered address is Unit 1, 64 Centennial Circuit Byron Bay NSW 2481.
TALULAH may modify our Terms & Conditions from time to time. If you do not agree with any Terms & Conditions then you must stop using the website.
To use some of the services or features made available to you on this website you will need to register an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide to access your TALULAH account should be unique and kept secure. Please notify TALULAH immediately of any breach of security or unauthorized use of your account.
ELIGIBLITY TO PURCHASE
In order to make purchases on the TALULAH website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The TALULAH website is available only to individuals and others who meet the TALULAH terms of eligibility and who have been issued a valid credit/debit card by a bank acceptable to TALULAH. By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where TALULAH feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability and items in your shopping basket are not reserved and may be purchased by other customers. TALULAH offers products for sale that are in stock and available for dispatch from our Warehouse.
If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the web. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
TALULAH will store a record of your transactions for a minimum of one year.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and TALULAH will be completed when we email you to confirm the goods have been despatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms & Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, Visa Debit and through PayPal. Payment will be debited and cleared from your account upon despatch of your order by TALULAH. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to TALULAH, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Secure Pay, a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple, and secure, TALULAH uses Secure Socket Layer (SSL) technology.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
At checkout you have the option to insure your package with our selected delivery carrier, eParcel. TALULAH does not insure packages unless customers select otherwise. The insurance cost will be automatically calculated into your checkout total. We require a signature for any goods delivered that are insured, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by TALULAH, and transfer of responsibility in the same way. Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods and weekends. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including TALULAH Software and all HTML and other code contained in this website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this website are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by TALULAH and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website. TALULAH tries to ensure that the information on this site is accurate and complete. TALULAH does not promise that TALULAH’s Content is error-free all of the time. TALULAH does not promise that the functional aspects of the website or TALULAH’s Content will be error free or that this website, TALULAH Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this Site on a temporary or permanent basis. You agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the content as described, including TALULAH Software and other code contained in this Site, shall remain at all times vested in TALULAH and are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property laws and international treaty provisions. Any reproduction or redistribution of the above listed Content is prohibited and may result in criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than TALULAH, including advertisers. TALULAH is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITS ON OUR LIABILITY
If TALULAH breaches the Terms & Conditions we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and TALULAH at the time of you placing your order, and TALULAH despatching your order.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us TALULAH harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms & Conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and TALULAH as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of TALULAH, and we shall not be liable for any representation, act, or omission on your part.
The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian and New South Wales law and the relevant courts of Australia will have exclusive jurisdiction.