Terms & Conditions
1. Information provided on our website
1.2. We may alter, suspend or discontinue our website or any content on our website at any time and without notice to you. We do not warrant and do not represent that our website and the content on our website are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content.
1.3. To the maximum extent permitted by law (including, without limitation, the ACL) in no event will YORA, its affiliates and related bodies corporate, and its and their respective officers, directors, employees and agents be responsible or liable for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.
2. Your use of our website
2.1. You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website. For example, and without limitation, you must not:
2.2. Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.
3. Third party websites
3.1. We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content of third party websites and make no representations about the accuracy of third party sites.
4. Promotions, competitions and discounts
4.1. From time-to-time, YORA may run promotions or competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts. Your participation in any promotion or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may be expressed to apply.
5. Intellectual Property
6. Customer account
7.7. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. To the extent not prohibited by law, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
7.13. By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. YORA is under no obligation to ship any Products ordered until payment in full for those Products has been received.
Availability of Products
7.14. YORA does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.
Cancellations and order amendments
7.15. If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact YORA to request the amendment or cancellation and we will do our best to accommodate your request.
7.16. Details of our estimated delivery timeframes and information about order tracking can be found on our Shipping and Returns Page.
7.17. Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order.
7.18. We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered. If we are unable to deliver your Products within a reasonable time, you may ask us to cancel your order or we may automatically cancel your order, in which case we will provide you with a full refund of any money paid to us for undelivered Products.
7.19. On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered.
Change of mind policy
7.20. Our Products come with a 14-day change of mind return policy. YORA offers you a full refund or exchange, at your election, if you change your mind in respect of any of our Products purchased from our website subject to the following conditions:
i. you are responsible for paying any delivery costs associated with returning the Products to us;
ii. you must provide a proof of purchase with the returned Products;
iii. the Products are unopened, unused and in their original condition with all packaging still intact; and
iv. if Products are purchased as part of a package, all products in that package are returned to us in their original condition.
7.21. If you wish to return your Products for change of mind, you must contact us via the Contact page on our website or alternatively email us directly at email@example.com.
Consumer guarantees – LIMITED WARRANTY
7.22. Your sole express warranties with respect to the Products are our Change of Mind policy and the warranties provided below. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. You may have consumer guarantees that cannot be limited by us and our change of mind policy does not affect your rights under the ACL and other laws applicable to you. If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may under applicable law be eligible for a refund, exchange or repair and in some cases compensation for loss or damage notwithstanding the foregoing disclaimer of implied warranties.
7.23. If you have purchased a Product with a major fault, you have the right to ask for a replacement or refund. If you have purchased a Product with a minor fault, we can choose to give you a free repair (if practical) instead of a replacement or refund.
7.24. Products returned under these consumer guarantees and limited warranties can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging a faulty, damaged or incorrectly described Products, YORA may arrange return postage on your behalf or refund reasonable postage costs upon presentation of a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described. If, upon inspection, the Product is found not be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.
7.25. To arrange a return for a faulty, damaged or incorrectly described Product please contact us via the Contact page on our website or alternatively email us directly at firstname.lastname@example.org.
7.26. If we are obliged to refund your payment pursuant to these Terms of Sale, your refund will be credited back to the payment method you used at the time of purchase and we will aim to process the refund within five (5) business days. The time it takes for you to actually receive the refund will depend on your financial institution.
7.27. Gift cards may be available for purchase from the website as e-gift cards. When you purchase, use or attempt to use a gift card, the following terms apply to your purchase or use:
i. Gift cards are only available for purchase and use in Australia. All gift cards are sold in Australian Dollars. Gift cards are valid for a period of 3 years from the date of purchase.
ii. Any unused balance after the expiry date will not be refunded or credited.
iii. Gift cards are not legal tender and are not redeemable for cash. No change will be given for a purchase made with a gift card.
iv. Where the cost of a purchase exceeds the gift card balance, you will be required to make up the difference with an alternate method of payment.
v. You are solely responsible for the gift card once purchased. Gift cards are unable to be replaced or refunded if lost or stolen and YORA disclaims all liability for any loss incurred by you or anyone else for a lost or stolen gift card.
vi. YORA reserves the right to refuse to accept any gift card if fraud is suspected or until YORA is satisfied that no fraud has been involved.
8.1. Your use of our website, purchase of Products and these Website Terms, and any dispute of any sort that might arise between the parties are governed by the laws of the State of Victoria. Any dispute relating in any way to these Website Terms will only be adjudicated in the Courts in the State of Victoria. Each party consents to exclusive jurisdiction and venue in these Courts.
9. Updates to these Website Terms
9.1. These Website Terms are effective from 1 November We reserve the right to update these Website Terms, our policies at any time without notice and by posting changes on our website. You should ensure you are aware of our current Website Terms by checking our website regularly. You will be subject to the Website Terms and conditions of sale available on this website at the time your order products from us.
10.1. If any of these Website Terms is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition
11.1. If you breach these Website Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Website Terms.