Terms & Privacy


Cabin and Castle (Cabin & Castle) (www.cabinandcastle.com) is a division of Hinks and Co. Pty. Ltd. ABN 79611836045 (Hinks & Co).

All visitors to the Cabin & Castle website (the “Website”) are entering a binding legal agreement on the following terms and conditions (the “Agreement”) when using the Website. The Agreement is between you and Hinks & Co and by using the Website you are deemed to have read and agreed to the following terms and conditions.

Interpretation

The following terminology applies to this Agreement (including by reference our Privacy and Shipping policies):

  • "client", “you” and “your” refers to you, the person accessing this website and accepting the Company’s terms and conditions;
  • "the Company", “ourselves”, “we” and "us", each refers to Lorna Wallace Design;
  • “party”, “parties”, or “us”, refers to both the Client and Ourselves, or either the Client or Ourselves; and
  • any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Placing orders

Only individuals who can form legally binding contracts under applicable law may place an order with the Company through the Website. By using the Website you warrant that you are at least 18 years old.

By purchasing any goods through the Website, you make an offer to us to purchase the goods you have selected in accordance with these terms and conditions, which the Company may as its absolute discretion accept or reject of this Agreement. Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes an offer by us to sell any goods. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its absolute discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.

Privacy

Cabin & Castle (Cabin and Castle a division of Hinks & Co Pty. Ltd.) respects and protects your privacy. While we collect your email, shipping and credit card information in order for you to make a purchase on our site, we will never disclose this information to any third party.

Your credit card information is secure at all times and we do not keep it on file. We may notify you by email about special offers, events and products we think you would want to hear about. If you do not wish to receive Cabin & Castle correspondence, please unsubscribe at the bottom of any of our emails.

Shipping & returns

Once your order is received we will process your order within the next 1-2 business days. Delivery of your order will depend of the delivery address, time of year and product availability. However, all orders in Australia should be received within 2 - 5 working days, unless you receive notification otherwise. If there is any kind of delay, we will endeavor to inform you. We are not responsible for the whereabouts of your order once it has been delivered to the address supplied.

If you have any questions about our shipping, or need something shipped faster, please contact us via the online form on the contact page or email us we’re happy to help.

Free delivery Australia wide

Delivery of most items is FREE Australia wide, any items not free to ship will be calculated according to delivery address. If you have any queries or wish to quote shipping a product to your location, please contact us via the online form on the contact page.

International Shipping

We do sell to customers outside Australia. If there is an item you want to ship internationally and this option is not available, please contact us. We can then send you a quote with shipping costs included and information on how to make your purchase - please include the full shipping address with postal code so we can calculate the shipping accurately.

Like Australian shipping and delivery, once your order has been delivered to the address provided, we are no longer responsible for the whereabouts of our order.

Want to pick up your order?

For pick up in Melbourne, Victoria please contact us to arrange a time to pick up your order and for the address details. You can contact us via the online form on the contact page .

Returns

If you change your mind about a purchase, please contact us immediately so we can discuss your return. Unfortunately, there can be no refund if you simply "change your mind". We will however, be happy to exchange the item(s) for you, provided you contact us within 7 days of your purchase. Once you get return authorisation, we will contact you about how to make the return. Please DO NOT return an item without authorisation, or you will not be credited. You will receive a store credit (not a refund) for the price of your item(s), minus the cost of shipping the purchase back to Cabin & Castle and a re-stocking fee. Once authorised if you choose to return the item, Cabin & Castle is not liable for the loss of an item being returned. Therefore we recommend that you return it using registered mail.

All items returned for exchange must be returned in the original condition and original packaging in order to authorise an exchange. Any damage or indications the product has been used will result in the exchange not being accepted. The authorisation to exchange an item(s) is at the discretion of Cabin & Castle.

However, if an item that you have paid for is unavailable OR is found to be faulty and a replacement is not available, a refund will be provided.

If you have any questions at all about our policy or your purchase, please just contact us. We are a small store, and as such cannot offer refunds, but we are always available to help you with your purchase – we want you to find something at Cabin & Castle that you’ll love and treasure for many years to come. Damaged goods must be reported within 24 hours of receipt via the online form on the contact page or email us.

Products

Product images and representation of colours are as accurate as possible however some variation may occur. No two products are the same and may vary in appearance. Natural and hand made materials in particular will vary in appearance and may appear different from the image shown on the website and to items previously purchased.

Problems with your order

All sales are final - as stated on our Shipping page, we do have a return process, but not a refund process. We are not responsible for the whereabouts of your order once Australia Post tracking states that your purchase has been delivered to the address you supplied. If you wish to protect your purchase during delivery, you should arrange your own insurance

None of the foregoing excludes, restricts or modifies:

  • the application of any statutory guarantee in the Australian Consumer law or any similar provision that cannot be excluded, restricted or modified;
  • the exercise of any right conferred thereunder; or
  • our liability arising there from

If there is any damage to your order, please report it to us immediately (within 24hrs) by email or via the contact page.

Customs, duties and taxes

In relation to products ordered outside Australia, you are responsible for ensuring that the goods you ordered can be lawfully imported to the destination country. You are the importer of record and must comply with all laws and regulations of the destination country; including payment of all taxes due on the importation of the products.

Disclaimer, exclusions and limitations

To the extent permitted by law:

  • In no event will the Company or any of its subsidiaries or affiliates or agents be liable for any direct, indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits.
  • any condition or warranties that would otherwise be implied into these terms and conditions, or any statutory guarantee, is hereby excluded. Where legislation implies any condition or warranty, or confers a statutory guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will be deemed included or otherwise to have effect but our liability will be limited for a breach of that condition, warranty or guarantee to one or more of the following:
  • if the breach relates to goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
  • if the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

To the extent permitted by applicable laws, the Company is not responsible for:

  • any damage or injury of any nature caused by the use or misuse of products purchased from the Company;
  • errors, mistakes omissions or inaccuracies on the Website;
  • you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from the Website; and/or
  • any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party.

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, and keep indemnified, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including but not limited to, reasonable legal fees and expenses on a full indemnity basis) or other expenses that arise directly or indirectly out of or from:

  • your use of the Website;
  • your breach of this Agreement; and/or
  • any goods purchased by you from the  Company.

This indemnity will be applicable without regard to the negligence of any party, including without limitation the negligence of any indemnified person.

Payment

We accept Visa and MasterCard via PayPal as payment methods. All goods remain the property of the Company until paid for in full. We reserve the right to cancel a purchase and return your payment. We offer store credit (not refunds) if you change your mind and you can learn more about that policy on the Shipping page. We endeavor to maintain an accurate stock count on the site, but should for some reason your order not be in stock at the time you make it, we will inform you as soon as possible of its expected ship date. If we are unable to re-stock it, you will be entitled to a full refund.

Links to this website

If you create a link to a page on the Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other parties websites which are linked to or from the Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.

This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright notice

Copyright and other relevant intellectual property rights is asserted on all text relating to the Company’s services and the full content of this website. All images on this site are the property of Lorna Wallace Design and/or the manufacturer/designer, or copyright holder where noted.

Communication

We have several different e-mail addresses for different queries. If you have any questions about these, our contact information can be found on our Contact link on our website. If you do not wish to receive email updates from us, please unsubscribe using the link at the bottom of any email.

Notification of changes

The Company reserves the right to change the terms of this Agreement from time to time as it sees fit and your continued use of the Website will signify your acceptance of any amendment to the Agreement. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Governing law

This Agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

General

You may not assign or transfer any rights under this Agreement without the prior written consent of Hinks & Co.

This Agreement (including all of the policies and other agreements described in these terms and conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.

No failure or delay by us in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers.

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If any of the terms of this Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nonetheless continue in full force.

© Cabin and Castle (Cabin & Castle), division of Hinks and Co. Pty. Ltd. (Hinks & Co.) ABN 79611836045.