Terms & Conditions

 

The following terms and conditions apply to all visitors and users of the Patara Life (www.pataralife.com.au) Website.

By using this Website you will be bound by all of the subsequent rules & regulations.

Unless otherwise stated, the Patara Life website (herein after referred to as the “website”) and all of its contents (including without limitation all text, photographs, images, video and audio) are exclusive property of Patara Life (herein after referred to as “Patara Life or “we”) and are protected by copyright and trademark laws.

Patara Life is an Australian based fashion & lifestyle brand. All products displayed within the website are in Australian Dollars (AUD) unless otherwise stated.

 

1.0 ACCESS AND USE OF THE WEBSITE

1.1 You must only use the website in accordance with these Terms and Conditions and any applicable law.

1.2 You must not (or attempt to):
(i) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
(ii) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
(iii) interfere (or attempt to interfere) with security-related or other features of the Website.

1.3 To place Orders and access some features of the Website, you are required to register for an Account with us. To register an Account, you must:
(i) give us accurate and current personal information including your name, address, and a valid email address.
(ii) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).

1.6 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

1.7 You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to
(i) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(ii) in a way that is illegal or unfair.

2. INFORMATION ON THIS WEBSITE

2.1 The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Didem Brennan (trading as Patara Life).

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including but not limited to its software or HTML code, scripts, text, artwork, photography, audio and video excerpts, except as permitted by statute or with Patara Life’s prior written consent.

2.3 Due to photographic and screen limitations associated with the representation of products, some products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

3. ORDERING

3.1 When making an Order, you must follow the instructions on the Website as to how to make Your Order and for making changes to Your Order before you submit it.
3.2 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including GST and any other charges. Unless otherwise stated all charges are in Australian Dollars (AUD).

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Website. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase.

3.4 If you discover that you have made a mistake with Your Order after you have submitted it to the Website, please contact us as soon as possible via hello@pataralife.com.au.  However, we cannot guarantee that we will be able to amend Your Order in accordance with your instructions.

3.5 When you place an order, you will receive an Order Confirmation via email, from Patara Life. This email will only be an acknowledgement and will not constitute acceptance of Your Order. A contract between us for the purchase of the goods will not be formed until you receive a Shipment Confirmation via email, from Patara Life. We are not obliged to supply the product to You, until we have accepted Your Order, indicated by the Shipping Confirmation email. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to:
(i) unavailability of stock or we may offer you an alternative product (in which case we may require you to resubmit Your Order);

3.6 Until the time when we accept Your Order, we reserve the right to refuse to process Your Order and you have the right to cancel Your Order. We will notify you if we are unable to fulfil Your Order via email. If we - or you - cancel Your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. This refund may take up to 3-10 business days to be reflected in your account.

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of Your Order, but we cannot guarantee any firm delivery dates.

4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

4.3 In some cases, you may grant us an 'Authority to Leave' when placing Your Order. If you do, you understand and agree that this Authority to Leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us Authority to Leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

4.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(i) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(ii) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).

4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make Your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case via the contact details that you provided to us when you made Your Order and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.

5.2 If you wish to cancel Your Order, please contact our team via hello@pataralife.com.au or the relevant Contact page via the Website, citing your order number. No cancellation fees will apply before the Order has been processed. Once an order has been processed it cannot be cancelled and the item(s) must instead be returned to us in accordance with the Returns Policy.

6..0 DELIVERY OUTSIDE OF AUSTRALIA

6.1 Currently, we do not accept orders from outside of Australia. This may change in the future, but all orders must be completed for delivery to an Australian address.

7. FAULTY PRODUCT RETURNS

7.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us via hello@pataralife.com.au or the relevant Contact page via the Website, as soon as possible, so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.

7.2 If the Product is confirmed to have a defect, we will replace the Product or refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.

7.3 It does not constitute a defect, if in our reasonable opinion, if the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear – such as creasing during transit – misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

8. OTHER RETURNS

8.1 We offer returns/refunds as long as the request is made to us in writing within  14 days of receipt of the product, and the product/s are returned in original condition.  Your rights are protected in relation to faulty products in clause 7, as long as the return is made within 14 days of the receipt of the product/s. Please refer to our Shipping & Returns section for more information.

9.0 DISCLAIMER AND LIABILITY

9.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(i) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Website (or any part of it or them); or
(ii) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

9.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(i) fraud;
(ii) death or personal injury caused by our Breach of Duty;
(iii) any breach of the obligations implied by law; or
(iv) any other Liability which cannot be excluded or limited by applicable law.

9.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.

9.4 Subject to clause 9.3:
(i) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website;
(ii) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(iii) You should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(iv) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(v) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
(vi) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, our services or these Terms and Conditions.
(vii) Our total Liability under any Contract shall in no circumstances exceed,
(a) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

10. INDEMINITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.

11. MEDIATION AND DISPUTE RESOLUTION

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules

12.0 WHOLESALE & TRADE

Our wholesale and trade accounts will need to first register for access through our dedicated contact form to "request access". It is not a given that the request will be granted and Patara Life reserves the right to ask for further information to clarify the business requesting the access.

Should the request be successful in gaining access to wholesale discounts and ordering, the wholesale/trade account is required to abide by the rules and regulations of this Website and the entirety of our Terms and Conditions in the use of our Website.

Wholesale /Trade accounts are required to place a minimum order of $500 RRP which can be made up of the entire store collection. This minimum order amount may change in the future.

13. Shipping and delivery

13.1 We aim to ship in stock items out within 5 business days, unless otherwise discussed. We use a number of courier companies depending on the type of goods ordered and your location, and this attracts a flat fee of $40 which is in addition of the product purchase.


14.0 Pre-orders 

14.1 We have a dedicated page for Wholesale Pre-orders which you will be able to access and place orders once you are signed into your account. Please note, most items in this section are delivered between 10-12 weeks. If you require your items earlier, please check with us by first emailing us at hello@pataralife.com.au and we can let you know if we have a shipment coming in sooner.

15.0 Payment Terms

15.1 Trade or wholesale orders must be paid in full at time of the order. If you’d like to place an order for pre-order products and your order is substantial, please first email us first at hello@pataralife.com.au to discuss a split payment arrangement (50% deposit and 50% on shipment from warehouse). All pre-order split payment enquiries will be assessed individually.

15.2 We accept all payments as referenced by our website, including paypal and afterpay. For any other payment methods, please get in contact with us.

16.0 Wholesale Prices

16.1 Our wholesale prices may change at any time based on our RRP prices. The RRP for each item is provided on our retail website www.pataralife.com.au for your reference, although stockists are free to set their own pricing as they see fit. We do kindly ask that the products do not retail under the set RRP, unless they are clearly marked as being on sale.

17 Agreement

17.1 By placing an order with Patara Life you are agreeing to the above terms and conditions. These terms are subject to change at any time. If the terms are amended they will be effective immediately. 

Please don’t hesitate contact us if you have any further questions. 

 

Mobile Terms of Service

Patara Life

Last updated: Aug. 22, 2023

The Patara Life mobile message service (the "Service") is operated by Patara Life (“Patara Life”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Patara Life’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Patara Life through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Patara Life. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to PataraLife or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Patara Life mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to PataraLife or email hello@pataralife.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.