Terms and Conditions
Welcome to the Erstwilder online store, owned and operated by Look East (Aust) Pty Ltd. If you visit or shop within this website, you accept these conditions.Please read the following terms and conditions. Visiting and ordering via this portal indicates acceptance of the conditions within.
When you visit the Erstwilder portal, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate via email or via information posted within this portal. You accept that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Erstwilder and its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Erstwilder.
Erstwilder’s trademarks and trade address may not be used in connection with any product or service that is not Erstwilder’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Erstwilder. Erstwilder owns all trademark, copyright, design and other intellectual property rights (whether or not registered or registrable) in Erstwilder designs, names, brand and marketing materials and stockists may only use these as directed by Erstwilder from time to time.
LICENSE AND SITE ACCESS
Erstwilder grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Erstwilder. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Erstwilder.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Erstwilder and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Erstwilder's name or trademarks without the express written consent of Erstwilder. Any unauthorized use terminates the permission or license granted by Erstwilder. You may not use any Erstwilder logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Erstwilder and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Erstwilder are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Erstwilder and its associates attempt to be as accurate as possible. However, Erstwilder does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Erstwilder itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ERSTWILDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. ERSTWILDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ERSTWILDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ERSTWILDER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ERSTWILDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ERSTWILDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting this site you agree that the laws of the state of Victoria, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Erstwilder or its associates.
Any dispute relating in any way to your visit to this site or to products you purchase through Erstwilder shall be submitted to confidential arbitration in Victoria, except that, to the extent you have in any manner violated or threatened to violate Erstwilder's intellectual property rights, Erstwilder may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.