WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.thexfew.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 this

service by way of granting you access to the content on the Website (the '

Purchase Services').

1.2. The Website is operated by The Exquisite Few (ABN 60496934657) . Access

to and use of the Website, or any of its associated Products or Services, is

provided by The Exquisite Few. 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 usage of the Website, or any of

Services, immediately.

1.3. The Exquisite Few reserves the right to review and change any of the Terms

by updating this page at its sole discretion. When The Exquisite Few 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 The Exquisite Few 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 required to provide personal

information about yourself (such as identification or contact details), including:

(a) Email address

(b) Password

3.2. You warrant that any information you give to The Exquisite Few in the course

of 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 The Exquisite Few;

(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;

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 The Exquisite

Few 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 The Exquisite Few

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 The Exquisite Few 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 and Returns Policy

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 Stripe (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,

Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by The Exquisite

Few, you will be issued with a receipt to confirm that the payment has been

received and The Exquisite Few may record your purchase details for future

use.

5.4. The Exquisite Few may, at their sole discretion, provide a refund on the return

of the Products within 15 days days where the Product packaging is unopened

and remains in a saleable condition. You acknowledge and agree that you are

liable for any postage and shipping costs associated with any refund pursuant

to this clause.

6. Warranty

6.1. The Exquisite Few's Products come with guarantees that cannot be excluded

under the Australian Consumer Law. You are entitled to a replacement or

refund for a major failure of the Product. You are also entitled to have the

Products repaired or replaced if the Products fail to be of acceptable quality

and the failure does not amount to a major failure (the ' Warranty').

6.2. You may make a claim under this clause (the ' Warranty Claim') for material

defects and workmanship in the Products within 12 months from the date of

purchase (the ' Warranty Period').

6.3. In order to make a Warranty Claim during the Warranty Period, you must

provide proof of purchase to The Exquisite Few showing the date of purchase

of the Products, provide a description of the Products and the price paid for the

Products by sending written notice to The Exquisite Few at 47 Sunderland

Circuit, Traralgon, Victoria, 3844 or by email at info@thexfew.com.au.

6.4. Where the Warranty Claim is accepted then The Exquisite Few will, at its sole

discretion, either repair or replace any defective Products or part thereof with a

new or remanufactured equivalent during the Warranty Period at no charge to

you for parts or labour. You acknowledge and agree that you will be solely

liable for any postage or shipping costs incurred in facilitating the Warranty

Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by The

Exquisite Few and shall be the sole and exclusive remedy available to you in

addition to other rights and under a law in relation to the Products to which this

warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor

to the additional excluded items set forth below nor to any supplied Products

where the exterior of which has been damaged or defaced, which has been

subjected to misuse, abnormal service or handling, or which has been altered

or modified in design or construction.

7. Delivery

7.1. You acknowledge that the Purchase Services offered by The Exquisite Few

integrate delivery (the ' Delivery Services') through the use of third party

delivery companies (the ' Delivery Service Providers').

7.2. In providing the Purchase Services, The Exquisite Few may provide you with a

variety of delivery and insurance options offered as part of the Delivery

Services by the Delivery Service Providers. You acknowledge and agree that

The Exquisite Few is not the provider of these delivery and insurance options

and merely facilitates your interaction with the Delivery Service Providers in

respect to providing the Delivery Services.

7.3. In the event that an item is lost or damaged in the course of the Delivery

Services, The Exquisite Few

(a) contact the Delivery Service Provider directly to request a refund or to

claim on any insurance options available; and

(b) contact us by sending an email to andrew.dallinson@dhl.com outlining in

what way the Products were damaged in transit so we are able to

determine if the Delivery Service Provider should be removed from the

Purchase Services.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of The

Exquisite Few 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 The Exquisite Few or its

contributors.

8.2. The Exquisite Few retains all rights, title and interest in and to the Website and

all related content. Nothing you do on or in relation to the Website will transfer

to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of The Exquisite Few; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

8.3. You may not, without the prior written permission of The Exquisite Few and the

permission of any other relevant rights owners: broadcast, republish, up-load to

a third party, transmit, post, distribute, show or play in public, adapt or change

in any way the Content or third party contact for any purpose. This prohibition

does not extend to materials on the Website, which are freely available for reuse

or are in the public domain.

9. Privacy

The Exquisite Few takes your privacy seriously and any information provided through

your use of the Application and/or the Purchase Services are subject to The Exquisite

Few's Privacy Policy, which is available on the Application.

10. General Disclaimer

10.1. You acknowledge that The Exquisite Few does not make any terms,

guarantees, warranties, representations or conditions whatsoever regarding

the Products other than provided for pursuant to these Terms.

10.2. The Exquisite Few 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.

10.3. 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.

10.4. 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) The Exquisite Few we 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.

10.5. Use of the Website, the Purchase Services, and any of the products of The

Exquisite Few (including the Delivery Services), is at your own risk. Everything

on Website, the Purchase Services, and the Products of The Exquisite Few,

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 The Exquisite

Few (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 Purchase Services (including the products or

Purchase Services of The Exquisite Few) 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);

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. Limitation of Liability

11.1. The Exquisite Few's total liability arising out of or in connection with the

Purchase Services or these Terms, however arising, including under contract,

tort (including negligence), in equity, under statute or otherwise, will not exceed

the most recent Purchase Price paid by you under these Terms or where you

have not paid the Purchase, then the total liability of The Exquisite Few is the

resupply of information or Purchase Services to you.

11.2. You expressly understand and agree that The Exquisite Few, its affiliates,

employees, agents, contributors, third party content providers and licensors

shall not be liable to you for any direct, indirect, incidental, special

consequential or exemplary damages which may be incurred by you, however

caused and under any theory of liability. This shall include, but is not limited to,

any loss of profit (whether incurred directly or indirectly), any loss of goodwill or

business reputation and any other intangible loss.

11.3. The Exquisite Few is not responsible or liable in any manner for any site

content (including the Content and Third Party Content) posted on the Website

or in connection with the Purchase Services, whether posted or caused by

users of the website of The Exquisite Few, by third parties or by any of the

Purchase Services offered by The Exquisite Few.

11.4. You acknowledge that The Exquisite Few does not provide the Delivery

Services to you and you agree that The Exquisite Few will not be liable to you

for any special, indirect or consequential loss or damage, loss of profit or

opportunity, or damage to goodwill arising out of or in connection with the

Delivery Services.

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by The

Exquisite Few as set out below.

12.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to The Exquisite Few via the 'Contact Us'

(a) notifying The Exquisite Few at any time; and

(b) closing your accounts for all of the Purchase Services which you use,

where The Exquisite Few has made this option available to you.

link on our homepage.

12.3. The Exquisite Few 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) The Exquisite Few is required to do so by law;

to you has terminated its relationship with The Exquisite Few or ceased to

offer the Purchase Services to you;

(d) The Exquisite Few 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 The Exquisite Few is, in

the opinion of The Exquisite Few, no longer commercially viable.

12.4. Subject to local applicable laws, The Exquisite Few 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 The Exquisite Few's

name or reputation or violates the rights of those of another party.

12.5. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and The Exquisite Few have benefited from, been subject to

(or which have accrued over time whilst the Terms have been in force) or

which are expressed to continue indefinitely, shall be unaffected by this

cessation, and the provisions of this clause shall continue to apply to such

rights, obligations and liabilities indefinitely.

13. Indemnity

13.1. You agree to indemnify The Exquisite Few, 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

14. Dispute Resolution

14.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not

commence any Tribunal or Court proceedings in relation to the dispute, unless

the following clauses have been complied with (except where urgent

interlocutory relief is sought).

14.2. 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.

14.3. 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, 7 days 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 an appropriate mediator be

appointed by the President of the Australian Mediation Association or his

or her nominee;

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.

14.4. 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.

14.5. Termination of Mediation:

If 3 months 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.

15. Venue and Jurisdiction

The Purchase Services offered by The Exquisite Few 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 exclusive venue for resolving any dispute shall be

in the courts of Victoria, Australia.

16. 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.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds

of inequality or bargaining power or general grounds of restraint of trade.

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.

WEBSITE TERMS AND CONDITIONS OF USE

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