Terms of service

OVERVIEW

Welcome to Lennoelia Designs! The terms "we", "us" and "our" refer to Lennoelia Designs. Lennoelia Designs operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Lennoelia Designs is powered by Shopify, which enables us to provide the Services to you. 
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, which is available through our online store. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to photograph and represent our products accurately, including their colours, finishes, dimensions and appearance. However, colours may appear slightly different depending on lighting, the device used to view our online store and individual screen settings.

Lennoelia Designs products are individually poured and finished in concrete. As a result, slight variations in colour, tone, texture, movement, pattern and surface appearance may occur from piece to piece. These variations are part of the character of the material and our making process rather than an indication that a product is defective.

Variations are particularly evident in our marbled and Pilbara Signature finishes, where the movement and placement of colour develops individually during each pour. No two pieces will therefore be exactly alike.

Our product photography is intended to provide an accurate representation of the design, colour and overall appearance you can expect. Where a product is made to order, your finished piece may have slight variations from the piece photographed due to the individual nature of the making process.

Where an individual finished piece is offered through our Available Now collection, the product listing will identify the particular piece being offered where applicable.

All product descriptions and availability are subject to change. We may discontinue products or limit quantities or availability by geographic region where reasonably necessary.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

SECTION 3 - ORDERS

When you place an order with Lennoelia Designs, you are making an offer to purchase the products in your order. Your order is accepted once we have confirmed the order and successfully received or processed the required payment.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there has been an error in pricing or product information, we are unable to fulfil the order, or we reasonably suspect fraudulent or unauthorised activity. If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item or order.

Please review your order carefully before submitting it, including your selected product, colour, finish, quantity and delivery information.

Many Lennoelia Designs products are made to order and production may commence specifically for your order. Once production has commenced, we may be unable to accommodate a cancellation or change-of-mind request. This does not affect any rights or remedies you may have under the Australian Consumer Law.

Returns, refunds and exchanges are handled in accordance with our Returns & Refunds Policy and your rights under the Australian Consumer Law.

Lennoelia Designs products may be purchased for personal or business use. Products must not be reproduced, copied or represented as the purchaser's own design or manufacture.

SECTION 4 - PRICES AND BILLING

All prices displayed on the Lennoelia Designs Australian online store are in Australian dollars (AUD) and include Goods and Services Tax (GST) where applicable.

Shipping or delivery charges are additional unless expressly stated otherwise. Any applicable shipping or delivery charges will be displayed during checkout before you complete your purchase.

Prices, promotions and product availability may change from time to time. The price applicable to your purchase will be the price displayed at the time your order is placed, subject to the correction of genuine pricing or listing errors.

From time to time, we may offer promotions or special offers that are subject to additional terms and conditions. Where specific promotional terms apply, those terms will apply to the relevant promotion.

You agree to provide current, complete and accurate purchase, payment and contact information when placing an order and to update that information where necessary so that we can process your transaction and contact you regarding your order.

You represent that you are authorised to use the payment method provided for your purchase. Payment is subject to authorisation and processing by the relevant payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Shipping, delivery and local collection are subject to our Shipping & Delivery Policy, including the production and dispatch timeframes stated there and on individual product pages.

Made-to-order products require production time before dispatch or collection. Any production or dispatch timeframe provided by Lennoelia Designs is an estimate based on our normal making process. Where a product has a different lead time, this will be stated on the relevant product page.

Delivery timeframes provided by Lennoelia Designs or a shipping carrier are estimates and may be affected by circumstances outside our reasonable control. If we become aware of a significant delay affecting your order, we will make reasonable efforts to contact you.

Please ensure that the delivery information provided with your order is complete and accurate. Additional costs resulting from incorrect or incomplete delivery information supplied by you may be payable by you where reasonable.

If your order is lost or arrives damaged during delivery, please contact Lennoelia Designs so that we can investigate the issue and determine the appropriate resolution.

Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

SECTION 6 - INTELLECTUAL PROPERTY

The content of the Lennoelia Designs website, including our branding, logos, product names, product designs, text, photographs, graphics, videos, artwork and other original content, is owned by or licensed to Lennoelia Designs and is protected by applicable intellectual property laws.

You may access and use our website and its content for your personal, non-commercial use. Unless permitted by law or with our prior written consent, you must not reproduce, copy, modify, distribute, publish, commercially exploit or create derivative works from our website content.

Our product photographs, imagery and other visual content must not be copied or used to advertise, promote or represent another business, product or service without our prior written permission.

Nothing in these Terms grants you ownership of, or any licence or right to use, Lennoelia Designs' intellectual property except for the limited personal use of our website expressly permitted by these Terms.

Shopify's name, logo, product and service names, designs and other intellectual property belong to Shopify or its applicable licensors. Other third-party names, logos and intellectual property appearing through the Services remain the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. 
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.
Lennoelia Designs is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Lennoelia Designs. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Lennoelia Designs, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lennoelia Designs.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy, which is available through our online store.

Certain personal information may also be collected and processed by Shopify in connection with your access to and use of the Services. Shopify's handling of personal information is governed by its own Privacy Policy.

Because our online store is hosted by Shopify, information you provide through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside Australia, where necessary to operate and provide the Services.

Please review our Privacy Policy for further information about how Lennoelia Designs collects, uses and handles personal information.

SECTION 11 - FEEDBACK

If you voluntarily submit a review, photograph, comment, suggestion or other content to Lennoelia Designs (“Feedback”), you confirm that you have the right to provide that content and that it does not infringe the rights of any other person.

Where you submit Feedback for publication, promotion or use in connection with Lennoelia Designs, you grant us a non-exclusive, royalty-free licence to use, reproduce and display that Feedback for reasonable business and promotional purposes, including on our website and social media channels.

We may moderate, edit or remove Feedback from our website or other channels where reasonably necessary, including where content is unlawful, misleading, offensive, inappropriate or infringes the rights of another person.

You must not submit Feedback that contains unlawful, defamatory, abusive or misleading material, malicious software, or content that infringes another person's intellectual property, privacy or other rights.

Nothing in this section transfers ownership of your original content to Lennoelia Designs.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We make reasonable efforts to ensure that information provided through the Services is accurate and current. However, occasional errors, inaccuracies or omissions may occur, including in relation to product descriptions, pricing, promotions, availability, shipping charges or estimated timeframes.

Where we identify an error, we may correct or update the relevant information as soon as reasonably practicable.

If an error materially affects an order you have already placed, we will contact you where reasonably possible to explain the issue and provide an appropriate option, which may include proceeding with the corrected information or cancelling the affected item or order and receiving a refund of any amount paid for it.

Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lennoelia Designs, Shopify or users of the Services, or expose them to liability. 
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision. 
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where reasonably necessary, including where you breach these Terms, misuse the Services, engage in fraudulent or unlawful activity, or interfere with the operation or security of the Services.

Termination or suspension of access does not affect any rights or obligations that arose before termination, including payment obligations relating to valid orders already placed.

Any provisions of these Terms that by their nature are intended to continue after termination will remain in effect, including provisions relating to intellectual property, privacy, liability and any accrued rights or obligations.

Nothing in this section excludes, restricts or modifies any rights or remedies available under applicable law.

SECTION 16 - DISCLAIMER OF WARRANTIES

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Information provided through our website is provided for general information about Lennoelia Designs and our products. While we make reasonable efforts to ensure that information is accurate and current, website content may occasionally contain errors or require updating.

As described in Section 2, our concrete products are individually poured and finished and may display variations in colour, tone, texture, movement, pattern and surface appearance. Such inherent variations should be considered in the context of the nature of the product and the information provided at the time of purchase.

Except to the extent required by law or expressly stated by Lennoelia Designs, we do not make additional warranties or guarantees beyond those provided under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including rights and remedies under the Australian Consumer Law.

To the extent permitted by law, Lennoelia Designs is not liable for loss or damage arising from circumstances outside our reasonable control or from your misuse of a product, failure to follow applicable product care or use instructions, or use of a product for a purpose for which it was not designed.

Where Lennoelia Designs is liable for loss or damage under applicable law, our liability will be determined in accordance with that law and the circumstances of the particular matter.

Nothing in these Terms is intended to exclude liability where doing so would be unlawful.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you are responsible for loss, damage or third-party claims suffered or incurred by Lennoelia Designs, Shopify or their respective affiliates, officers, directors, employees, agents and service providers where such loss, damage or claim results directly from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person's intellectual property or other legal rights.

This section does not require you to indemnify or compensate Lennoelia Designs or Shopify for any loss, damage or claim to the extent that it was caused or contributed to by the acts or omissions of the party seeking the indemnity, or where imposing such an obligation would be unlawful.

Nothing in this section excludes, restricts or modifies any rights, remedies or protections available under the Australian Consumer Law or other applicable law.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 20 - WAIVER; ENTIRE AGREEMENT

If we do not exercise or enforce a right or provision under these Terms, this does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Returns & Refunds Policy, Shipping & Delivery Policy and any other policies or terms expressly incorporated by reference, constitute the agreement between you and Lennoelia Designs relating to your use of the Services and purchases made through our online store.

These Terms supersede any prior versions of these Terms relating to the Services.

Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms to another person without our prior written consent, except where permitted by law.

Lennoelia Designs may transfer or assign its rights or obligations under these Terms in connection with a sale, transfer or restructuring of all or part of our business, or where otherwise reasonably necessary for the operation of the Services.

Where required by applicable law, we will provide notice of any such transfer or assignment.

Nothing in this section excludes, restricts or modifies any rights or remedies available under applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which Lennoelia Designs provides the Services are governed by the laws applicable in Western Australia, Australia.

Subject to any rights you may have under applicable law, you and Lennoelia Designs submit to the jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.

Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time through our online store.

We may update or amend these Terms from time to time where reasonably necessary, including to reflect changes to our Services, business practices or applicable law.

Where required by applicable law, we will provide notice of material changes. Any changes will take effect from the date specified or, where no date is specified, from the date the updated Terms are published.

Changes to these Terms will not retrospectively remove or reduce rights or remedies that have already arisen under an existing order or applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to: 

Lennoelia Designs
Email: admin@lennoeliadesigns.com
Location: Yanchep, Western Australia, Australia
ABN: 50 631 843 368

Lennoelia Designs operates from a private studio. Studio visits and local collection are by prior arrangement only. Collection details will be provided directly to customers when their order is ready.

Additional contact information is available through the Contact page on our online store.