Terms & Conditions
Saint Ernie Terms & Conditions of Sale
Welcome to sainternie.com. This page tells you the terms and conditions on which we supply any of the products listed on our website to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any products from our website, or Site. Please note that your use of our website constitutes your agreement to follow and be bound by these terms. In legal speak, this constitutes an “Agreement”.
Some general stuff
We may from time to time change the terms that govern your use of our Site. We may also change, move, delete or edit our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site are protected by copyrights and international treaty provisions owned, controlled or licensed by Saint Ernie, or its affiliates. The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by Saint Ernie.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Most Saint Ernie products displayed on the Site are available from select retailers in Australia and in select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available through other retailers’ stores. The prices displayed on the Site are quoted in Australian Dollars (AUD), inclusive of tax.
Description and Representation of Products
We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product. Saint Ernie products are hand assembled, therefore colour variations may occur and no two products will ever be identical. We have made every effort to display, as accurately as possible, the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We have a policy of continuous product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice.
Compliance with the Law and Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of Australia and other countries that relate to the products on our Site or this Agreement. You agree and represent that you are buying for your own personal use only, and not for resale.
Links to Other Web Sites and Services
This site and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Saint Ernie shall not be liable for any damages of any kind related to your use of this site.
From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not completely satisfied with your sainternie.com purchase, please see our ‘Returns’ policy.
Purchase of products
Your order represents an offer to us to purchase a product, which is accepted by us once we have sent you an email order confirmation. Any products on the same order, which we have not confirmed in an order confirmation email, do not form part of that contract. Saint Ernie shall under no circumstances be held liable for any special losses due to specific circumstances of the customer, indirect or consequential losses or wasted expenditure. Orders are placed and received exclusively via the Internet and processed by Saint Ernie. Before ordering from us, it is your responsibility to check and determine your full ability to receive the products. Correct address and postcode, telephone number and e-mail address are absolutely necessary to ensure successful delivery of your products. All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of incorrect or incomplete delivery information. Should you like to ask for a change in the delivery address, telephone number or any other special requirements, please contact our customer service team.
Saint Ernie reserves the right to cancel an order at any time. In such cases, we will immediately notify this action by e-mail or phone, using the e-mail address or numbers provided. We will refund all payments using the original method and card details received. All orders are subject to availability of stock.
When you place your order your debit or credit card is charged for the whole amount due. Saint Ernie uses AfterPay, PayPal and Stripe, which are safe and secure payment methods. The sale will be submitted for processing as soon as you click on the “confirm” button. You will then receive an email from us to confirm receipt of your order and delivery. By placing an order through the Website, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilise the card to effect payment.
We may refuse to process 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 refusing or suspending any transaction after processing has begun.
You agree to defend, indemnify and hold Saint Ernie harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Law & Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed in accordance with the laws of the State of New South Wales, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of New South Wales.