Terms of service
1. About the Website
1.1. Welcome to www.allaboutlinen.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides these services by granting you access to the Website and its content (the "Purchase Services").
1.2. The Website is operated by All About Linen (ABN 50 603 284 377). Access to and use of the Website, or any of its associated products or services, is provided by All About Linen. Please read these Terms and Conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and any associated services immediately.
1.3. All About Linen reserves the right to review and change any of the Terms by updating this page at its sole discretion. When All About Linen updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by All About Linen in the user interface.
3. Registration to use the purchase services
3.1. In order to access the purchase services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the purchase services, you may be asked to provide personal information about yourself, including:
(a) Email address
(b) Name, address
(c) Date of birth (day and month only), where you choose to participate in our VIP rewards program or birthday promotions.
3.2. You warrant that any information you give to All About Linen while completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (‘member’) and agree to be bound by the Terms. As a member you will be granted immediate access to the purchase services.
3.4. You may not use the purchase services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with All About Linen; or
(b) you are a person barred from receiving the purchase services under the laws of Australia or other countries including the country in which you are resident or from which you use the purchase services.
4. Your obligations as a member
4.1. As a member, you agree to comply with the following:
You will use the purchase services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the purchase services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify All About Linen of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of All About Linen providing the purchase services;
(f) you will not use the purchase services or Website for any illegal and/or unauthorised use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website ;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the purchase services. Appropriate legal action will be taken by All About Linen for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its purchase services is prohibited.
5. Purchase of Products
5.1. In using the purchase services to purchase the product through the Website, you will agree to the payment of the purchase price listed on the Website for the product (the ‘purchase price’).
5.2. Payment of the purchase price may be made through third parties such as Stripe, PayPal, Afterpay (the ‘payment gateway provider’) in using the purchase services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of use, privacy policy and other relevant legal documentation provided by the payment gateway providers.
5.3. Following payment of the purchase price being confirmed by All About Linen, you will be issued with a receipt to confirm that the payment has been received, and All About Linen may record your purchase details for future use.
5.4. Submission of an order does not constitute acceptance of that order. All About Linen reserves the right to accept or reject any order for any reason, including product availability, pricing errors, suspected fraud or inability to fulfil the order.
5.5. All products are subject to availability. If a product becomes unavailable after an order has been placed, All About Linen will notify you and provide a refund or alternative option where appropriate.
5.6. While All About Linen takes reasonable care to ensure pricing is accurate, errors may occur. If a product is listed at an incorrect price, All About Linen reserves the right to cancel the order and provide a full refund of any amount paid.
6. Product Colours:
Although we make every effort to accurately display the colours of our products on the Website, actual colours may vary due to differences in monitor settings, screen displays and lighting conditions. If you would like additional images or information about a product before purchasing, please contact us at info@allaboutlinen.com.au or call our Customer Service Messaging Centre on 1300 622 311we will be happy to assist and we will be happy to assist.
7. Warranty, Exchanges & Returns
At All About Linen, customer satisfaction is important to us. We are passionate about the products we sell and want you to be confident in your purchase.
To help you make an informed decision, we provide detailed product information on our website and encourage you to contact us if you require further assistance.
You can email us at info@allaboutlinen.com.au, call our Customer Service Messaging Centre on 1300 622 311, or visit one of our store locations.
Receiving Your Order:
If the item supplied is incorrect, please contact us as soon as reasonably possible after receiving your order so we can promptly resolve the issue.
Please email us at info@allaboutlinen.com.au or call our Customer Service Messaging Centre on 1300 622 311.
Colour Variation
While we make every effort to accurately display product colours, variations may occur due to screen settings, device displays, photography lighting, and manufacturing dye lots.
If the product colour differs from your expectations for these reasons, this will be considered a change-of-mind return and our Change of Mind Policy will apply.
If the exact shade of a product is critical to your purchase decision, please call us at 1300 622 311 and we will email you additional images to assist.
7.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
7.2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
7.3. Certain products may also be covered by additional manufacturer warranties or guarantees. Where applicable, details and exclusions will be specified on the relevant product packaging, product description, or accompanying documentation for warranty.
7.4. If you believe your product is faulty or wish to make a warranty claim, please contact our customer service team with proof of purchase and details of the issue so we can assist you.
Faulty Item process:
If an item arrives faulty, damaged, not as described, or fails to meet a consumer guarantee under the Australian Consumer Law, you may be entitled to a repair, replacement or refund depending on the nature of the issue.
In some circumstances, we may require the product to be returned or inspected before determining the appropriate remedy.
Please contact us as soon as reasonably practicable so we can assess the matter and provide an appropriate remedy.
To make a warranty claim or process a return:
Please reach out directly to our Customer Service Messaging Centre at 1300 622 311 or e-mail us at info@allaboutlinen.com.au and include:
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If purchased in-store, please provide your receipt or other proof of purchase where available.
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Details of the fault or issue with the product.
We may request additional information or photographs where reasonably necessary to assess the claim
Items Excluded from Change-of-Mind Returns & Exchanges
For hygiene and health protection reasons, we do not accept change-of-mind returns or exchanges on the following products:
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Quilts/doonas
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Mattress toppers
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Mattress protectors
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Pillows
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Pillow protectors
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Underblankets
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Underlays
Products that have been opened, used, washed, slept on, soiled, damaged, or are not returned in a saleable condition will not be accepted for change-of-mind exchanges.
These exclusions do not apply where a product is faulty, not as described, or where a remedy is otherwise required under the Australian Consumer Law.
Change of Mind (20 Days):
The Australian Consumer Law does not require businesses to provide a refund or exchange where a customer changes their mind.
As a goodwill gesture, All About Linen offers exchanges on eligible products within 20 days of purchase, subject to the conditions below.
Change of mind includes, but is not limited to:
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The product is not suitable for your mattress, quilt/doona, quilt/doona cover, pillow or bedding due to incorrect sizing or compatibility with your bedding requirements because your item is not a standard Australian size.
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Ordered/purchased the incorrect size, colour, style, fabric, or design.
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Purchased the wrong item.
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Found it cheaper elsewhere.
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You are not satisfied with the look, feel, texture, or appearance of the product.
So please take great care when selecting these items as we are unable to accept any returns unless required under the Australian Consumer Law.
All About Linen will offer an exchange for eligible change-of-mind purchases within 20 days of purchase provided:
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You have proof of purchase.
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The item remains unopened, unused, in its original packaging, with all tags attached, and in a saleable condition.
If the goods do not meet the Change of Mind Policy above, we will advise that we are not able to go ahead with the exchange.
Please note:
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Return shipping for change-of-mind exchanges is the customer’s responsibility and will not be reimbursed.
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Returns must be sent via Australia Post at the customer’s expense.
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We recommend retaining proof of postage and providing a tracking number, as All About Linen is not responsible for items lost in transit.
Can an exchange be refused?
Yes, All About Linen reserves the right to refuse a change-of-mind exchange where the conditions of this policy have not been met.
A reasonable restocking fee of up to 20% may apply to change-of-mind exchanges or returns accepted at our discretion. The restocking fee reflects reasonable administrative, handling, inspection and repackaging costs incurred by All About Linen. Any applicable restocking fee will be advised before the exchange or return is processed.
No restocking fee will apply where a repair, replacement, refund, or other remedy is required under the Australian Consumer Law.
Australian Consumer Law
Nothing in this policy excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law. Where a product fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, or other remedy as provided by law.
8. Delivery
8.1. Orders are generally dispatched on the same business day or within 3–4 business days of payment being received,
depending on stock availability and any internal stock transfers between our various locations.
8.2. Estimated delivery timeframes are generally between 7 and 14 business days within Australia. Delivery timeframes are estimates only and
may vary depending on your location, courier delays, peak periods, public holidays, weather events, or other circumstances outside our reasonable control.
8.3. Once your order has been dispatched, you will receive a shipping confirmation email containing tracking information where available.
8.4. If an item is temporarily unavailable, requires special ordering, or cannot be supplied, we will contact you as soon as reasonably practicable to discuss alternative options, expected delays, or a refund where appropriate.
8.5. We reserve the right to dispatch products in separate shipments where products in the same order require transfer between locations, become available at different times, or cannot reasonably be shipped in a
single parcel due to their size or packaging requirements. Customers will not be charged additional shipping fees for split shipments unless otherwise agreed.
8.6. Delivery services are provided by independent third-party carriers, including Australia Post and other courier providers.
While we endeavour to ensure timely delivery, any delivery dates or timeframes provided are estimates only and are not guaranteed.
8.7. Risk in the goods passes to you upon delivery of the goods to the delivery address specified in your order, subject to any rights you may have under the Australian Consumer Law.
8.8. Please ensure that the delivery address provided at checkout is accurate and complete.
Additional delivery charges may apply where orders are returned to us due to an incorrect or incomplete address provided by the customer.
8.9. If your order is delayed, lost, damaged, or incomplete, please contact us as soon as reasonably practicable at info@allaboutlinen.com.au with your order number and any relevant information.
We will work with the delivery provider to investigate the issue and, where required, provide an appropriate remedy in accordance with the Australian Consumer Law.
8.10. Title and ownership of the goods remain with All About Linen until full payment for the goods has been received.
8.11. Authority to Leave (Safe Drop)
Where a customer authorises a delivery provider to leave goods unattended at the nominated delivery address, delivery will be deemed to have occurred when the goods are left at the nominated location in accordance with the customer's delivery instructions.
The customer accepts responsibility for the security of the goods after delivery has occurred, subject to any rights the customer may have under the Australian Consumer Law.
8.12. Delivery Refusal
If a delivery is refused by the customer or returned to us unclaimed, we may deduct any reasonable return shipping costs and other direct costs incurred by us from any refund provided, where permitted by law.
8.13. Failed Delivery Attempts
If a delivery cannot be completed due to the customer being unavailable, an incorrect or incomplete delivery address being supplied, or the parcel not being collected from a collection point within the required timeframe, additional delivery charges may apply for redelivery.
8.14. Remote Area Deliveries
Additional delivery charges or extended delivery timeframes may apply to regional, rural, or remote locations.
Customers will be notified before processing if additional charges apply.
8.15. Delivery Delays Beyond Our Control
To the extent permitted by law, we are not liable for delays in delivery arising from circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather events,
industrial disputes, transport disruptions, public health events, or carrier delays.
However, nothing in this clause excludes any rights or remedies available under the Australian Consumer Law.
8.16. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law.
9. Copyright and Intellectual Property
9.1. The Website, the Purchase services and all the related products of All About Linen are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘content’) are owned or controlled for these purposes and are reserved by All About Linen or its contributors.
9.2. All About Linen retains all rights, title and interest in and to the Website and all content made available on the Website, including all intellectual property rights. Nothing in these Terms or your use of the Website grants or transfers to you any ownership rights on the Website, its content, or any intellectual property owned by or licensed to All About Linen.
This includes, without limitation:
(a) All About Linen's business name, trading names, domain names, trademarks, logos, copyrights, patents, registered designs and other intellectual property rights;
(b) any right to use, reproduce, modify, distribute or exploit any intellectual property belonging to All About Linen except as expressly permitted by these Terms; and
(c) any systems, processes, software, designs, content, materials or technology used in connection with the Website, whether protected by copyright, trademark, patent, registered design or other intellectual property laws.
9.3. You may not, without the prior written permission of All About Linen and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. Privacy Policy
At All About Linen, we are committed to protecting your privacy and ensuring your personal information is handled in a safe and responsible manner. This Privacy Policy outlines how we collect, use, and store your information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).
1. What We Collect
We may collect the following types of personal information:
• Name
• Contact details (including email address, phone number, and delivery/billing address)
• Date of birth (day and month only), where provided voluntarily for VIP rewards or promotional purposes
• Payment information (processed securely via third-party payment gateways; we do not store full card details)
• Order history and customer service communications
• IP address, device information, and browsing activity on our website (for analytics, security, and website performance purposes)
We only collect personal information that is reasonably necessary for our business functions and activities.
2. How We Collect Your Information
We collect personal information directly from you when you:
• Make a purchase or place an order
• Create an account or subscribe to our mailing list
• Contact us via email, phone, or social media
• Enter promotions, competitions, or loyalty programs
We may also collect information automatically when you use our website through cookies, analytics tools, and advertising technologies (such as Google Analytics and similar tracking technologies), including information about your browsing behaviour and device.
3. How We Use Your Information
We use your personal information for the following purposes:
• To process and fulfil your orders, including delivery and returns
• To communicate with you about your orders, enquiries, or account
• To provide customer support and improve our services
• To personalise and improve your website experience
• To send marketing and promotional communications, where you have consented or where otherwise permitted by law
We will not use your personal information for any purpose that is unrelated to our business without your consent, unless required or authorised by law.
4. Sharing Your Information
We do not sell or rent your personal information.
We may share your personal information with trusted third parties where necessary to operate our business, including:
• Payment service providers (e.g. payment gateways)
• Delivery and logistics providers
• IT service providers, cloud storage providers, and website hosting services
• Marketing, email, and advertising platforms
• Website analytics providers (such as Google Analytics)
Some of these third-party service providers may be located outside Australia. Where personal information is disclosed overseas, we take reasonable steps to ensure it is handled securely and in accordance with applicable privacy obligations, however overseas recipients may not be subject to the Australian Privacy Principles.
5. Storage and Security
We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure.
These steps include secure servers, access controls, encryption where appropriate, and staff confidentiality obligations.
However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security of your information.
6. Access and Correction
You have the right to request access to the personal information we hold about you and request corrections if you believe it is inaccurate, out of date, incomplete, or misleading.
To request access or correction, please contact us at [your email/contact details].
We will respond to your request within a reasonable period (generally within 30 days), in accordance with applicable privacy laws.
7. Cookies
We use cookies and similar tracking technologies to improve your browsing experience, analyse website traffic, and understand customer behaviour.
This may include:
• Essential cookies required for website functionality
• Analytics cookies (e.g. Google Analytics)
• Advertising and remarketing cookies (e.g. Meta Pixel or similar tools, if used)
You can manage or disable cookies through your browser settings. Some website features may not function properly if cookies are disabled.
8. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our business practices or legal requirements.
Any updates will be published on this page with the revised date. Where appropriate, we may also notify you by email or website notice.
9. Data Retention
We retain personal information only for as long as it is reasonably necessary for the purposes for which it was collected, or as required by law.
For example, transaction records may be retained for a minimum of seven (7) years to comply with taxation and accounting obligations.
10. Complaints
If you have a complaint about how we handle your personal information, please contact us at info@allaboutlinen.com.au or call our Customer Service Messaging Centre on 1300 622 311.
We will investigate and respond within a reasonable period.
11. Contact Us
For any questions or concerns about your privacy, please contact us at:
Email: info@allaboutlinen.com.au
Phone Message Service: 1300 622 311
11. General Disclaimer
11.1. You acknowledge that All About Linen does not make any Terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms.
11.2. All About Linen will make every effort to ensure a product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. If you are unsure of a colour or size, please contact us on our messaging service on 1300 622 311 or e-mail us at info@allaboutlinen.com.au and let us know what you need to know or see (photos of the product colour – please keep in mind that colours can appear different and the choice will be up to you) before making a purchase.
11.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.4. Subject to this clause, and to the extent permitted by law:
(a) all Terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) All About Linen will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the purchase services or these Terms (including as a result of not being able to use the purchase services or the late supply of the purchase services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.5. Subject to any rights you may have under the Australian Consumer Law, use of the Website and purchase services is at your own risk. Everything on the Website, the purchase services, and the products of All About Linen are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of All About Linen (including any third party where the delivery services are made available to you) make any express or implied representation or warranty about its content or any products or the purchase services (including the products or purchase services All About Linen) referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website , the purchase service, or any of its content related products (including third party material and advertisements on the Website );
(c) costs incurred as a result of you using the Website , the purchase services or any of the products;
(d) the content or operation in respect to links which are provided for the user’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website ; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11.6 Website Availability
All About Linen does not guarantee that the Website will always be available or free from interruptions, errors, viruses or other harmful components. We may suspend, withdraw, discontinue or change all or any part of the Website without notice.
11.7 Product Information
Product descriptions, specifications, dimensions, weights, care instructions and other information are provided in good faith and are based on information supplied by manufacturers and suppliers. While we take reasonable care to ensure such information is accurate, minor variations may occur and customers should contact us prior to purchase if any specification is critical to their purchasing decision.
12. Limitation of Liability
12.1. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Australian Consumer Law or any other applicable law which cannot be excluded, restricted or modified by agreement.
12.2. Subject to clause 12.1 and except where a remedy is required under the Australian Consumer Law, to the extent permitted by law All About Linen's liability arising out of or in connection with the products, purchase services or these Terms is limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
and
(b) in the case of services:
(i) the resupply of the services; or
(ii) the payment of the cost of having the services supplied again.
12.3. Subject to clause 12.1, All About Linen will not be liable for any indirect, special or consequential loss or damage arising out of or in connection with the use of the Website, purchase services or products, except where such liability cannot be excluded by law.
12.4. All About Linen uses third-party delivery providers to deliver products purchased through the Website. While we will take reasonable steps to assist customers with delivery-related issues, delivery timeframes are estimates only and may vary due to circumstances outside our control.
Nothing in this clause excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law. If a product is lost, damaged during transit, or not delivered, customers should contact us as soon as possible so that we can investigate the matter and work with the delivery provider to determine an appropriate resolution.
13. Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or All About Linen as set out below.
13.2. If you wish to terminate these Terms, you may do so at any time by:
(a) ceasing to use the Website and any purchase services; and/or
(b) where applicable, requesting that your registered account be closed by contacting All About Linen through the Contact Us page on the Website or by emailing info@allaboutlinen.com.au.
Termination of these Terms does not affect any rights, obligations or liabilities that have accrued prior to termination.
13.3. All About Linen may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) All About Linen is required to do so by law;
(c) the partner with whom All About Linen offered the purchase services to you has terminated its relationship with All About Linen or ceased to offer the purchase services to you;
(d) All About Linen is transitioning to no longer providing the purchase services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the purchase services to you by All About Linen is, in the opinion of All About Linen, no longer commercially viable.
13.4. Subject to local applicable laws, All About Linen reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the purchase services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts All About Linen’s name or reputation or violates the rights of another person or party.
14. Indemnity
14.1. You agree to indemnify All About Linen, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website ;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
15. Dispute Resolution
15.1. Encouraged Resolution Process:
The parties agree to make reasonable efforts to resolve disputes through good faith negotiations before commencing legal proceedings, except where urgent interlocutory relief is sought or where prohibited by law.
15.2. Notice:
A party to the Terms claiming a dispute (‘dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
15.3. Resolution:
On receipt of that notice (‘notice’) by that other party the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that a suitably qualified mediator be appointed by an independent mediation service agreed by the parties.
(c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
15.4. Confidential
All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.
16. Venue and Jurisdiction
The purchase services offered by All About Linen is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the venue for resolving any dispute shall be in the courts of Victoria, Australia.
17. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
18A. Force Majeure
All About Linen will not be liable for any failure or delay in performing its obligations where such failure or delay arises from circumstances beyond its reasonable control, including natural disasters, severe weather events, industrial disputes, public health emergencies, governmental actions, utility failures or transport disruptions. Nothing in this clause limits any rights available under the Australian Consumer Law.
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