The Loved Up Co

TERMS AND CONDITIONS OF PURCHASE

Thank you for making a purchase with The Loved Up Co. These Terms and Conditions govern your purchase.

By clicking “accept” you agree to these Terms and Conditions.

Purchase Services

  1. The Website is operated by The Loved Up Co Pty Ltd (ACN: 655 180 180) t/a The Loved Up Co of PO Box 1053 Torquay, VIC 3228 (‘The Loved Up Co’). Access to and use of the Website, or any of its associated Products or Services, is provided by The Loved Up Co.

  2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

Personal Information

1.By proceeding to purchase a Product, you warrant and acknowledge that you are over 18 years. 

2.When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.

3.You agree that all details that you have provided in completing the purchase are true and correct.

4.Your personal information is kept in accordance with The Loved Up Co Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.

Purchase of Products

  1. In using the Purchase Services to purchase the Product through the Website you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

  2. Payment of the Purchase Price may be made through direct deposit, credit card through the available payment provider (the 'Payment Gateway Providers').

  3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

  4. Following payment of the Purchase Price being confirmed by The Loved Up Co, you will be issued with a receipt to confirm that the payment has been received and The Loved Up Co may record your purchase details for future use.

  5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.

  6. The Loved Up Co reserves the right to accept or reject your order for any reason, including if the requested Product is not available. 

 

The Loved Up Co Subscriptions

Subscriptions General

  1. The Loved Up Co offers two subscription options for either a 6 month term, or 12 month term (Subscription). Both options include a recurring monthly payment for the Subscription term you have chosen (Subscription Term).

  2. The Subscriptions include the inclusions outlined on the Website.

  3. The Loved Up Co reserves the right to vary the Subscription inclusions at any time.

Subscription Fees

  1. By purchasing a Subscription through a payment plan, you agree to pay The Loved Up Co the monthly Subscription Fees at the then-current rate, on a monthly basis for the Subscription Term (Subscription Fees).

  2. Subscription Fees are automatically billed initially on the same day of puchase and then the 2nd of the month for every month, on a monthly basis (Monthly Billing Date) and will charged to the same payment process used in your initial payment.

  3. If you fail to make payment of the Subscription Fees by the Monthly Billing Date, the Products for that month will not be shipped.

  4. You acknowledge and agree that where a request for the payment of the Subscription Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fees.

  5. You agree that if you default on any payments due and payable under these Terms, any costs incurred by The Loved Up Co for steps taken to enforce payment terms will be recoverable and payable by you.

 

Subscriptions Orders and Delivery

  1. Subscription deliveries are subject to the general delivery terms and conditions outlined in clause 5.

  2. The Loved Up Co aims to process all orders for Subscription deliveries within 14 Business Days of the 1st of month. The Loved Up Co endeavours to have all Subscription deliveries arrive to you by the 1st week of the month.

Subscriptions Refunds, Returns and Cancellation of Subscriptions

  1. The Loved Up Co does not permit change of mind refunds for Subscriptions. For the sake of clarity, The Loved Up Co will not be liable for any dislike of Products or your change of mind regarding the subscription model once you have paid for the Subscription.

  2. If you are unsure about committing to the Subscription model, The Loved Up Co recommends that you opt for the month to month  a Product where you can cancel anytime.

  3. The Loved Up Co will make every effort to ensure a Product, including any Product provided through a subscription is accurately depicted on the Website, however, you acknowledge that inclusions, sizes, colours and designs may differ from what is displayed on the Website.

  4. If you require a return for any other reason please see clause 6.

  5. The Loved Up Co reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny the Subscription model at any time at its sole discretion.

  6. The Loved Up Co does not permit refunds however if deemed appropriate the Loved Up Co may allow a full cancellation with a fee of $20AUD for each remaining month left on the subscription. If this is offered the payment must be made in full before the contract is cancelled. 

Subscription Disclaimer

  1. Any information provided to you by The Loved Up Co regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

  2. The Loved Up Co makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products. 

  3. The Loved Up Co will not be liable for any damage, loss or any result based on your use of The Loved Up Co Products.

  4. The Loved Up Co Products contain goods provided by third-party suppliers. You agree that The Loved Up Co is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

General Delivery

  1. All shipping and delivery dates are estimates, and any delivery date provided to you by The Loved Up Co is not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. The Loved Up Co will strive to meet the requirements of your anticipated delivery date. However, The Loved Up Co will not be liable for any losses you suffer as a result of a delay.

  2. You acknowledge that the Purchase Services offered by The Loved Up Co integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

  3. In providing the Purchase Services, The Loved Up Co may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Loved Up Co is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  4. The Loved Up Co currently ships domestically across Australia limited to locations serviced by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, The Loved Up Co can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.

  5. You agree certain Products contain perishable items that may be damaged if left outside for an extended period of time. You acknowledge that if the Products are left at a P.O Box or if you authorise the Delivery Services Provider to leave the Products on delivery, the state of the goods will be your responsibility. 

  6. In the event that an item is lost or damaged in the course of the Delivery Services, The Loved Up Co asks that you:

    1. contact the Delivery Service Provider directly to request a refund; and

    2. contact The Loved Up Co by sending an email to hello@thelovedupco.com outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

 

Returns Policy  

  1. The Loved Up Co wants you to be satisfied with your Product. If you have any issues with The Loved Up Co Products, please e-mail hello@thelovedupco.com.

  2. If you have received the incorrect Product, The Loved Up Co will provide a refund on the return of the item. To request a refund and organise a return for this reason please e-mail hello@thelovedupco.com with your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be unopened, and its original saleable condition. 

  3. The Loved Up Co does not provide refunds for change of mind. 

  4. The Loved Up Co does not provide refunds for sale items, for any reason.

  5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers. 

  6. In the following situations, no refund or return will be available:

  7. Denied acceptance of delivery by receiver; 

  8. Inaccurate delivery address; 

  9. Absent receiver -  If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to The Loved Up Co for a return fee charged to the initial payment method. 

  1.  Cancellation of Orders

    1. Once payment for an order has been accepted, no cancellations are permitted.

    2. Where a Product has been listed at an incorrect price, or has incorrect written information or images, The Loved Up Co reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase. 

 

Gift Cards

  1. Gift Cards can be purchased from the Website and are administered by by Wix (the ‘Gift Card Service Provider’).  In Purchasing a Gift Card, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Gift Card Service Provider.

  2. Gift Cards are redeemable within 36 months of the date of purchase unless otherwise stated.

  3. Gift Cards can be used to purchase any Products for sale through the Website unless specified by The Loved Up Co.

 

Warranty

  1. The Loved Up Co’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose. 

  2. If you have received a Product that you believe is faulty or defective, please contact hello@thelovedupco.com with photographic proof. 

Information and Product Disclaimer 

  1. Any information provided to you by The Loved Up Co regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

  2. The Loved Up Co makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.  

  3. The Loved Up Co will not be liable for any damage, loss or any result based on your use of The Loved Up Co Products including subscriptions.

  4. The Loved Up Co Products contain goods provided by third-party suppliers. You agree that The Loved Up Co is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

 

Privacy

The Loved Up Co takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to The Loved Up Co’ Privacy Policy.

Force Majeure

  1. If circumstances beyond The Loved Up Co’s control prevent or hinder its provision of the Products, The Loved Up Co is free from any obligation to provide the Products or fulfil your order while those circumstances continue. The Loved Up Co may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

  2. Circumstances beyond The Loved Up Co’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

  1. Mailing List and SMS List Registration

    1. When completing your purchase, you will be given the option to register for the The Loved Up Co Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)

    2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

      1. Email address

      2. Name

    3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from The Loved Up Co.

Indemnity

  1. You agree to indemnify The Loved Up Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

    3. any breach of the Terms.

Venue and Jurisdiction

The Purchase Services offered by The Loved Up Co is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

10 for 12 Off Return Subscriber Offer Only

 

Loved Up Co subscribers who have completed a 6 or 12-month subscription within the last 30 days will be invited to resubscribe with a limited offer to receive 12 date kits for the price of 10.  Customers will be emailed and a physical invite placed in their last date kit with a very special promo code to claim their 10 for 12 purchase. This offer is limited to a single-use 10 for 12 off code per customer and cannot be used in conjunction with any other discount. Only valid by use of code. Valid for 30 days only. Offer available for previous 6 or 12-month subscribers who's subscription ended no longer than 30 days ago only.

Share Your Date: Win Next Date Kit On Us

 

Clever Loved Up Co'ers who share photos of their Loved Up Co date kit and tag @TheLovedUpCo #WeGotLoved Up will automatically get a chance to win their next Loved Up Co date kit on us.

One (1) winner will be chosen and reshared on the Loved Up Co Instagram grid and will receive a Loved Up Co date kit valued at $AUD89.95. The winner will be notified via Instagram (associated with entry) within four business days of selection. To claim the prize, the winner will need to respond to The Loved Up Co's message via the same medium within seven days of it being sent. Unclaimed prizes will be redrawn. Any breakages or loss of product are at the fault of the customer and will not be replaced. These terms are subject to change without notice. 

Double Dates 

The Loved Up Co offers two date kits to be sent to the same location on a one-off basis. This is not a subscription. 

-Two kits sent to one location

-Date kits are sent in-line with current dispatch schedule 

7 for 6 May Unboxing Instagram Offer Only

 

Offer available to first-time subscribers only who commented 'UNBOXING' during the Instagram May Live unboxing on The Loved Up Co Instagram page on Wednesday 18th May, 6pm AEST.  An exclusive link will be sent to commenters for an offer to sign up to a 6-month subscription and get a 7th date kit FREE. Link and offer only valid until midnight AEST, Wednesday 18th May 2022. This offer is limited to a single-use 7 for 6 link per customer and cannot be used in conjunction with any other discount. Only valid by use of link. Valid for 6 hours only. Offer available for new subscribers only.