This Agreement is made in 2017 between Siana Australia Pty Ltd. trading as Mariana Spirit of Design (“Mariana”), ABN 66 064 941 439 of 1/20 Grice Avenue, Paradise Point 4216 QLD, Australia (“Mariana”); and (“You”).
1.1 You are granted a non-exclusive royalty-free revocable licence to use this Website solely for Your personal use.
1.2 You are not permitted to otherwise use the Website in any way whatsoever.
1.3 Mariana retains all intellectual property rights in relation to this Website. All content, including but not limited to, imagery, graphics, text, pictures, photographs, illustrations, logos, trademarks and all the alike are copyright to Mariana. The content of this site may NOT be linked, copied or transferred, in full or part without the written consent of Mariana.
2.1 You may place an Order.
2.2 Mariana. may in its sole discretion accept or reject an Order notwithstanding that Mariana. may have prepared same.
2.3 Mariana. may at any time correct any mistake in any Order.
3.1 If Mariana. accepts an Order, then upon receipt of payment in full for same including delivery Mariana. sells You the Goods and You buy the Goods described in the Order.
3.2 Title in the Goods shall only pass to You upon full payment of all moneys owing under this Agreement.
3.3 Once an Order is accepted by Mariana. it may not be withdrawn by You.
3.4 Any terms and conditions of an Order which are inconsistent with any provision of this Agreement are irrelevant when construing this Agreement.
4.1 Unless specified otherwise in an Order, Mariana shall have no obligation to deliver the Goods.
4.2 You warrant that any information supplied by You in relation to Your name, address and other details are true and correct in every particular.
4.3 Delivery is deemed to have occurred once an attempt is made to deliver to the address supplied by You.
4.4 Items shipped cannot be left without a signature on delivery, unless specifically requested by you. Mariana accepts no responsibility or liability for items left without a signature.
4.5 All delivery dates are estimates only and are calculated from when the Order is accepted by Mariana.
6. Limitation of Liability
6.1 To the extent permitted by law all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this licence or this Website generally, are excluded.
6.2 Where legislation implies in this licence any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this licence. However, the liability of Mariana for any breach of such term shall be limited, at the option of Mariana, to any one or more of the following: if the breach is related 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.
6.3 To the extent permitted by law and except as expressly provided to the contrary in this licence, Mariana shall not be under any liability (contractual, tortious or otherwise) to You in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this licence or an act, failure or omission of Mariana.
6.4 You warrant that You have not relied on any representation made by Mariana or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Mariana.