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Terms and Conditions

The use of this site is governed by the policies, terms and conditions set forth below . Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submission of any purchase order to stumpandco.com.au.au indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by stumpandco.com.au.au.

Stump and Co operates online in Queensland Australia, ABN 12 908 367 203

Stump and Co 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.

REGISTRATION

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 hello@stumpandco.com We may also change registration requirements from time to time.

The account password you provide to access your Stump and Co account should be unique and kept secure. Please notify Stump and Co immediately of any breach of security or unauthorised use of your account.

EMAIL/SMS NEWSLETTER SIGN UP

By checking the email/SMS sign up box at checkout and/or entering your phone number/ email on the site, you consent to receive marketing text messages (such as [promotion codes] and [cart reminders]) from Stump and Co at the number/email address provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) in one of our messages. Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Stump and Co 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.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. 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.

Stump and Co 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 Stump and Co will be completed when we email you to confirm the goods have been despatched. Stump & Co has the authority to cancel orders and refund customers’ money due false and deceptive advertised pricing errors or pricing errors caused by technical website issues.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation 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.

GIFT CARDS

Stump and Co electronic gift cards (collectively, the “Gift Card(s)”) may be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash — we are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer’s Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer’s Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancel-able or exchangeable after purchase for cash. Gift Cards are valid for 3 years, and will expire if not used in this time-frame. Gift Cards have other restrictions, including but not limited to: Coupons and other discounts or promotions may not be applicable to purchase Gift Cards. Gift Cards cannot be used to purchase other Gift Cards. Gift Cards are FINAL SALE and cannot be returned. Gift Cards may only be applicable to purchase certain product(s) on the Website, or they may exclude the purchase of certain product(s). Please see any applicable restrictions noted on your Gift Card or the applicable product(s) or promotion(s) for further details.

PAYMENT

Payment can be made by Visa, Visa Debit, MasterCard, and PayPal. 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 authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Stump and Co, we will not be liable for any delay or non-delivery. We take reasonable care to make our site is secure. All credit/debit card transactions on this site are processed using Stripe, 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, Stump and Co uses Secure Socket Layer (SSL) technology.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INTELLECTUAL PROPERTY RIGHTS

Your use of the site and its content 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 Stump and Co 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 Stump and Co 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.

CONTENT

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. Stump and Co tries to ensure that the information on this site is accurate and complete. Stump and Co does not promise that Stump and Co content is error-free all of the time. Stump and Co does not promise that the functional aspects of the website or Stump and Co content will be error free or that this website, Stump and Co 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.

YOUR ACTIVITY

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 Stump and Co software and other code contained in this site, shall remain at all times vested in Stump and Co 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 Stump and Co, including advertisers. Stump and Co 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 Stump and Co 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 Stump and Co at the time of you placing your order, and Stump and Co 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.

INDEMNITY

You agree to indemnify, defend and hold harmless Stump and Co, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable lawyer’s fees, (a) made by any third party due to or arising out of any content submitted, posted, or otherwise provided by you to the services, Stump and Co and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these terms, any warranty you provide herein, or otherwise arising in any way out of your use of the services or purchase of the products or services therefrom. Stump and Co reserves the right to take exclusive control and defence of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Stump and Co in asserting any available defence.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Stump and Co 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 Stump and Co, and we shall not be liable for any representation, act, or omission on your part.

GOVERNING LAW

The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian and Queensland law and the relevant courts of Australia will have exclusive jurisdiction.