These terms and conditions are the contract/agreement between you (the welcomed customer) and Lulu Dré Atelier (“us”, “we”, etc.).By visiting or using Our Website, you agree to be bound by them. 

We are Lulu Dré Atelier, a company registered in Victoria, Australia, ABN number 85 689 532 563, Telephone number: +61 400 502 527, email: hello@luludreatelier.com.au. 

You are: Anyone who uses/benefits from Our Website/Services 

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately. 
 

The terms and conditions: 
 

Definitions 

In this agreement: 
 

“Consumer” 

means any individual who, in connection with this agreement, is acting for a purpose which is outside his business. 
 

“Content” 

means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations. 
 

“Extra Work” 

means all of the work we do and materials we buy to prepare or produce Specified Artwork. 
 

“Artwork” 

means any of the Artwork we offer for sale on Our Website, or, if the context requires, Artworks we sell to you. It includes Specified Artwork. 
 

"Intellectual Property" 

means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights. 
 

"Post" 

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
 

“Specified Artwork” 

means Artwork which have been subject to work or process to your specific order. 
 

“Our Website” 

means any website of ours, and includes all web pages controlled by us.

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1. Interpretation 

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below. 

1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa. 

2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit. 

3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation. 

4. in the context of permission, “may not” in connection with an action of yours, means “must not”. 

5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing. 

6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to. 

7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

These terms and conditions apply to all supplies of Artworks by us to you. They prevail over any terms proposed by you. 
 

2. Our contract with you 

1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. 

2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.  

3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you. 

4. Because we rely on our suppliers, we do not guarantee that Artwork advertised on Our Website are available within the standard 8-12 weeks lead time. The stated timeframe is always indicative. If we are not able to deliver your Artwork within 12 weeks of the date of your order, we shall notify you by e-mail. 

5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Artwork. We advise you to print a copy for your records.  

6. The price of Artworks may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Artworks. 

7. If in future, you buy Artworks from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied. 
 

3. Acceptance of your order 
This paragraph applies to Artworks which you buy from us as advertised, without change to your specific requirements. 

1. Your appointment booking is an offer to buy from us. 

2. We shall accept your booking by e-mail confirmation. That is when our contract is made. At the appointment the contract is drawn up and details confirmed of your  artwork, the client's particulars, the payment method, the delivery method and any other particulars.   

3. Lulu Dré Atelier will request legal permission to use imagery material for social media purposes anonymously in writing.

4. All written price proposals and offers made by Lulu Dré Atelier are without commitment and are valid in unchanged circumstances for 7 calendar days following their date of issue, unless otherwise expressly stated in writing in the offer. If the client has not accepted the offer within the above period, the offer expires. After the expiry of the offer, Lulu Dré Atelier is entitled to revise the offer. 

5. The obligations of Lulu Dré Atelier never extend beyond that which is confirmed by it to the client in writing. 

6. It is understood that the artwork is the product of a creative process and Lulu Dré Atelier is free to make choices in producing it. 

7. Lulu Dré Atelier will retain sole ownership of the digital files and will only be used for production of the sculptures.

8. If we do not have all of the Artworks you order in stock, we will offer you alternatives. If this happens you may: 

   - accept the alternatives we offer; 
   - cancel your order. 

9. Due to the nature of production of the sculptures, there will always be little imperfections of the sculpture. This is part of the beauty of the artwork.

10. Gift vouchers are valid for a maximum of 12 months from their date of issue. A gift voucher cannot be exchanged for money.  
 

4. Extra Work  
This paragraph applies to Specified Artwork. 

1. Our contract to supply Specified Artwork is a contract for both the supply of Artwork and the Extra Work you have asked us to do. 

2. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms. 

3. If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates. 

4. If you terminate this agreement before the Specified Artwork is complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work. 

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5. Prices 

1. Prices of Artworks are shown on Our Website and available on enquiry, either through email or telephone. 

2. Prices include goods and services tax (“GST”), start-up, editing and shipping costs. When you book through our booking system, you pay $100 reservation costs. We will deduct this amount from the final invoice. 

 
6. Payment 

1. We require the full payment of your order before we will send your custom artwork for production.

2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you. 

3. If, by mistake, we have under-priced Artwork, we will not be liable to supply the Artwork to you at the stated price, provided that we notify you before we dispatch it to you. 

4. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due. 

 
7. Security of your credit card 

We take care to make Our Website safe for you to use. 

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. 
 
8. Delivery 

1. The artwork is delivered approx. 12 weeks from full payment of the Artwork. The stated delivery timeframe is always indicative. If we are not able to deliver your Artwork within 12 weeks of the date of your order, we shall notify you by e-mail.

2. You may want to collect your Artwork, please contact us on hello@luludreatelier.com.au to arrange pickup. 

3. Delivery of the Artwork will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. 

4. Artworks are sent at our risk until signed for by you or by any other person at the address you have given to us, unless you have instructed us in the order process that you wish us to leave the Artwork without an acceptance signature (for  example: “leave it in the front door”). 

5. If Artwork is sent by post. We will send you a message by email to tell you when we have dispatched your order. 

6. Artwork is at your risk from the moment they are collected from our office. 

7. All Artworks must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Artwork may be retained by the driver. When your Artwork arrives it is important that you check immediately the condition and quantity. If your Artwork have been damaged in transit, you must refuse the delivery and immediately contact us so that we can make further arrangements. 

8. Signing "Unchecked", "Not Checked" or similar is not acceptable.  

9. If we agree with you to deliver on a particular day, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non- delivery. 

10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence. 

11. We are happy for you to pick up the Artwork from our premises provided you make an appointment in advance and payment has been received into our bank. 

12. If you pick up the Artwork from our premises then: 

1. Artworks are at your risk from the moment they are picked up by you or your Carrier from our premises; 

2. you agree that you are responsible for everything that happens after you take possession of the Artwork, both on and off our premises, including damage to property of any sort, belonging to any person. 
    

9. Liability for subsequent defects  

1. We will repair or replace the Artwork which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is defective,
the following conditions apply: 

    (1) the defect must be reported to us immediately upon delivery or pick up of the artwork, the client is bound to inspect the work performed. If the client does not judge to work performed to be satisfactory they must notify Lulu Dré Atelier of this    
    immediately in writing via email at hello@luludreatelier.com.au; 

    (2) the defect results only from faulty design or manufacture. 

    (3) you have returned the defective Artwork to us if we have so requested. 

2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Artwork free of charge. 

3. If we repair or replace the Artwork, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect. 

4. Changes to the artwork and other activities following delivery to the client shall be deemed to be contract extras and will be charged for separately. 
 

10. Artworks returned 

1. We do not accept returns unless there was a defect in the Artwork at the time of pick up or delivery, or we have agreed in correspondence that you may return them. See point 9 for further instructions. 
 

11. How we handle your Content 

1. Our privacy policy is strong and precise. It complies fully with current privacy law which you can find in more detail on Our Website. 
 

12. Security of Our Website 

If you violate Our Website we shall take legal action against you. 

You now agree that you will not, and will not allow any other person to: 

1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it. 

2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser; 

3. download any part of Our Website, without our express written consent; 

4. collect or use any product listings, descriptions, or prices; 

5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement; 

6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; 

7. share with a third party any login credentials to Our Website; 

8. despite the above terms, we now grant a licence to you to: 

    (1) create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading,    
    derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent. 

    (2) you may copy the text of any page for your personal use in connection with the purpose of Our Website. 
 

13. Disclaimers  

1. The law differs from one country to another. This paragraph applies so far as the applicable law allows. 

2. All conditions, warranties or other terms implied by the law of any county other than the Australia are excluded from this agreement to the fullest extent permitted by law. 

3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Artworks, at any time and without advance notice. 

4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find. 

5. We give no warranty and make no representation, express or implied, as to: 

    (1) the quality of the Artwork; 

    (2) any implied warranty or condition as to merchantability or fitness of the Artwork for a particular purpose; 

    (3) the correspondence of the Artwork with any description; 

    (4) the adequacy or appropriateness of the Artwork for your purpose;  

    (5) the truth of any Content on Our Website; 

    (6) compliance with any law; 

    (7) non-infringement of any right. 

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6. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of the Artwork. 

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7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Artwork you have purchased. 

 

14. Indemnity 

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: 

1. your failure to comply with the law of any country; 

2. your breach of this agreement; 

3. any act, neglect or default by any agent, employee, licensee or customer of yours; 

4. a contractual claim arising from your use of the Artwork; 

5. a breach of the intellectual property rights of any person. 

 

15. Intellectual Property 

1. Copyright works owned by you or a third party are unaffected by this agreement. 

2. The Intellectual Property in all work we do in the process leading to completion of the Specified Artwork and in the completed Specified Artwork belongs to us. 

3. If you change or create derivative versions of the Specified Artwork, the Intellectual Property in those changed or derived versions also belongs to us. 

 

16. Copyright
1. All content, including but not limited to text, images, designs, and other intellectual property displayed on or created by Lulu Dré Atelier, is the property of Lulu Dré Atelier.
2. You may not reproduce, distribute, modify, transmit, display, or create derivative works of any material from our services for other than personal use without prior written consent from Lulu Dré Atelier.

3. Unauthorised use may result in legal action

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16. Miscellaneous matters 

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 

2. Where we provide Artworks or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Artwork or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Artworks or that service. 

3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. 

4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 

5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 

6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 

7. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. 

    It shall be deemed to have been delivered: 
    if delivered by hand: on the day of delivery; 

    if sent by post to the correct address: within 72 hours of posting; 

    If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.  

8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 

9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party. 

10. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control. 

11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 

12. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State. 

 

Once again thank you for this partnership and we really appreciate your custom. ​​​

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Privacy Policy​

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1. We respect your privacy 

(a) Lulu Dré Atelier respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. 

(b) Personal information is information we hold which is identifiable as being about you. 

2. Collection of personal information 

(a) Lulu Dré Atelier will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. 

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. 

(c) Additionally, we may also collect any other information you provide while interacting with us. 

3. How we collect your personal information 

(a) Lulu Dré Atelier collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. 

4. Use of your personal information 

(a) Lulu Dré Atelier may use personal information collected from you to provide you with information updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs. 

(b) Lulu Dré Atelier may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail. 
 

5. Disclosure of your personal information 

(a) We may disclose your personal information to any of our employees' officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy Personal information is only supplied to a third party when it is required for the delivery of our services. 

(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law. regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. 

(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Lulu Dré Atelier. www.luludreatelier.com.au, its customers or third parties.  

(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.  

(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. 

(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information. 
 

6. Security of your personal information 

(a) Lulu Dré Atelier is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.  

(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy. 
 

7. Access to your personal information 

(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@luludreatelier.com.au.  

(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. 
 

8. Complaints about privacy 

(a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to hello@luludreatelier.com.au, We take complaints very seriously and will respond shortly after receiving written notice of your complaint. 
 

9. Changes to Privacy Policy 

1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy. 

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10. Website 

(a) When you visit our website 

When you come to our website (www.luludreatelier.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service 

(b) Cookies 

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. 

(c) Third party sites 

Our site may from time to time have links to other websites not owned or controlled by us These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Lulu Dré Atelier is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information. 

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