Terms & Conditions
This website LPD.com is the property of Longina Phillips Designs Pty Ltd (ACN 003 523 564) (LPD), an Australian company. If you purchase anything from this website you are accepting the terms and conditions within this website including LPD Terms and Conditions, any relevant and any Delivery Service Provider Terms & Conditions. You should review these terms and conditions prior to purchase. Please contact us if you have any questions at firstname.lastname@example.org. LPD may vary these terms at any time. Any variations become effective on posting to this website.
The material on this website under the domain name ‘longinaphillips.com (Material) resides on a server in Australia. The law applicable to use of the Material and to disputes arising out of the Material is the state of New South Wales, Australia.
Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all such copyright or use it under license or applicable law. You may make a temporary copy of part or this entire website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed.
As the copyright owner, we reserve all other rights.
You may not, in any form, or by any means:
We own the trade marks LONGINA and LONGINA PHILLIPS and reserve all rights in relation to those trade marks.
This website may contain links to websites at domains other than “longinaphillips.com”. Such sites may be controlled or produced by third parties. We do not control, endorse, sponsor or approve any such websites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content.
We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Material is linked.
LPD makes no warranties or representations that material on other websites to which Material is linked does not infringe the intellectual property rights of any person anywhere in the world.
LPD is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking Material to such material on other sites.
Publication of electronic addresses on this website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
LPD sells products from the site to end-user customers who purchase only for their own personal, non-commercial use. You may not purchase products for further distribution or resale or for any other commercial or business purpose.
Pricing for products, including any applicable shipping fees, can be found on LPD.com and are clearly displayed next to the products and prior to checkout. Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of goods and services tax (GST). Pricing for LPD products does not include shipping costs, which can be found on LPD.com.
Payment can be received by PayPal. Please refer to PayPal directly at www.paypal.com if you have any queries relating to making payments using your PayPal account. On processing your order, we must authorise the full amount of the payment, including delivery. Before despatching your order we will debit your PayPal account for the authorised amount. You will receive a confirmation email when the payment has been processed.
Although LPD strives to always display the correct availability of products, an item may have gone out of stock at the time of your order. If this happens, we will contact you via e-mail or phone and provide you with an estimated shipping date. If you choose not to wait, you have the option to either exchange the backordered item or receive a refund of the retail price.
We aim to ship all orders of products in stock within 24 hours of receipt of your order or on the next business day if we receive your order on a weekend or public holiday. However slight delays may happen due to stock/IT issues and time zone differences. We do not offer refunds or exchanges for delays in both physical and electronic stock orders. If you have any questions about your order please email email@example.com
All shipments are sent via our Delivery Service Providers detailed below. The risk of loss and title for all products purchased via the site pass to you upon delivery of the item to the Delivery Service Provider. Unless you contact us to specify that you want to pay for insurance, packages are by default uninsured and unfortunately we cannot assume liability for loss or breakage.
Our Delivery Service Provider is Australia Post. If you have any specific questions relating to Australia Post delivery, please visit www.auspost.com.au
Links to the Australia Post websites are provided for information purposes only.
If tracking is available on your order, we will provide you with this on request. If items are missing from your order, or if the goods are not as ordered, you must contact our customer service department at firstname.lastname@example.org as soon as practicable. Overseas customers please note: You may be responsible for additional overseas importing fees, duties and taxes. Please be aware of your countries importing rules.
LPD does not provide refunds for any purchases. If you have a particular question in relation to your order, please contact us at email@example.com
We do not offer refunds or exchanges for delays in both physical and electronic stock orders. If you have any questions about your order please email firstname.lastname@example.org
Prior to sending the damaged items please email us at email@example.com and firstname.lastname@example.org for a RA number for a return for damaged items. – This must be initiated within seven (7) days of receiving the damaged item.
Upon receipt of a RA number, please send damaged items via a trackable service to:
Longina Phillips Designs Pty Ltd
PO Box 1308 Strawberry Hills NSW 2012
Longina Phillips Designs Pty Ltd (ACN 003 523 564) (LPD) provides fashion design trend forecasting services (Services) to authorised subscribers (Subscribers or “you”).
You must read and agree to these terms and conditions (Terms) in order to subscribe to the Services. By subscribing you or the employer or other entity on whose behalf you are entering into this agreement accept these Terms and enter into a legally binding agreement with us. If you do not agree to the Terms, do not subscribe to the Services.
We reserve the right to vary the Terms at any time by posting any updated terms and conditions on the LPD website (the Website). Any amendments to the terms and conditions shall take effect from the date of publication on the Website.
You are responsible for regularly reviewing the terms and conditions that are published on the Website from time to time and shall be bound by these if you continue to use the Website. If you have any questions at any time in relation to the Terms then please contact us at email@example.com.
To register as a Subscriber, you must provide us with accurate information about you (including your current valid email address). You should inform us of any material changes to that information by contacting us at firstname.lastname@example.org or via the Website.
Each registration is for a single user only. If you wish to sign up for multiple users then please contact us by telephone or at email@example.com.
On registration you shall choose, or will be allocated, your user name and password details (LPD Identity). You are not entitled to share or give another user access in any way to your LPD Identity.
You shall safeguard your LPD Identity at all times and take any and all reasonable steps to prevent unauthorised use of it. If you reasonably believe that your LPD Identity has been stolen, disclosed or being used by another person then you should notify us immediately by emailing us at firstname.lastname@example.org.
You shall be entitled to receive and use the trend report in accordance with the subscription package you have ordered and shall not be entitled to change to another subscription package unless we agree to the change in writing.
What do you receive as a subscriber?
An A3 PDF moodboard will be delivered to your nominated email inbox fortnightly for a 12 month period. These storyboards of information include colour palettes, a brief description and each piece of inspiration noted so you are aware of its source.
At LPD we live and brief design, fashion, trends and innovation. Our methodology is fine-tuned to identify, forecast, curate and report trends.
Use of Content
The content within our Services and in any newsletters or other communications sent to you (Communications) includes but is not limited to any text, photographs, images, designs, artwork and logos (Content) and belongs to us or our licensors or other copyright holders as applicable.
The Services are curated by us and we make no claim or warranty that we own individual elements of the Content.
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, commercially exploit or otherwise use our Content in any way except for your own personal use. You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal use. Any other use of our Content requires our prior written permission.
In particular, and without limitation to the above, you shall not without our prior written consent:
You agree to use the Website and Content only for lawful purposes, and shall not act in a way that infringe the rights of, or restrict or inhibit anyone else’s use and enjoyment of the Website or Content.
Fees and Payment
In consideration of the fees paid by you in relation to the subscription package that you order, we hereby provide you with a non-exclusive limited access to the Website during the period of your subscription. Access to the Services is only available once payment has been made in full.
All fees shown on the Website exclude any applicable taxes unless expressly stated otherwise. You represent and warrant that your name and where applicable the name of employer or other entity on whose behalf you are entering into this agreement, address and country as entered on the invoice billing page are valid and genuine.
You shall be entitled to order and make payment to us by telephone or via the Website. Please be aware that, in respect of payments by credit or debit card, your credit or debit card issuer agreement governs your use of your designated credit or debit card in connection with any such payment. You must refer to that agreement and not to these Terms regarding your rights and liabilities as a credit or debit card holder.
When you make a payment via the Website, please be aware that credit and debit card charges are processed via one of our third party processors, who will process the payment accurately and securely. When you make a payment via the Website then you shall be transferred to the relevant third party processor’s website where the relevant payment will be processed.
We have the right in our sole discretion and at any time to make any changes to our fees, payments, payment processing and collection methods, including but not limited to changes to our third party payment processors and currencies in which payment may be made.
You shall pay any sums due to us in the applicable currency without any set-off, deduction, counter-claim and/or any other withholding of monies. Exchange rate differences may apply to payments where applicable.
Where you elect at the time of sign up to the Website to make periodic subscription payments, you are responsible for any such payments in accordance with these Terms.
We do not provide refunds unless we consider in our sole discretion that extraordinary circumstances apply. If you believe that you have a legitimate right to any refund then you must contact us in writing at email@example.com giving a full explanation of your request. In the event that we issue a refund then this shall be made by crediting the credit or debit card that was used by you to make the purchase.
In the event of a charge back occurring from your credit card and being charged back to us, we shall be entitled to immediately terminate your subscription and in addition we may take appropriate legal action to recover any sums due including but not limited to referring any charge backs to third party debt collection agencies.
For any payment or billing enquiries please contact our Accounts team at firstname.lastname@example.org
The images, trade marks, logos and names displayed on the Website and in our Communications are our or our licensors’ registered or unregistered trade marks as applicable. Except where expressly stated to the contrary, nothing on our Website confers any license or right to use any image or trade mark displayed on our Website or transmitted in providing the Services without the prior written agreement of the owner of the relevant trade mark.
Any Intellectual Property Rights in the Website, Content and in our Communications shall be owned by us, our licensors or other copyright holders (as applicable). Intellectual Property Rights means patents, trade marks, service marks, registered designs, design rights, confidential information, applications for any of the foregoing, copyright, database rights, know-how, unregistered designs, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not.
In the event that you consider that your Intellectual Property rights have or are being infringed arising out of any Content contained on the Website or in a Communication then please notify us as soon as possible at email@example.com
Where you have registered as a Subscriber, you consent to us using and processing your personal information for the following purposes:
You may withdraw your consent for us to use your information in any of these ways at any time by contacting us at firstname.lastname@example.org or by using available unsubscribe tool.
Limitation of Liability and Indemnity
We shall have no liability to you for any and all damages, claims, proceedings, actions, awards, expenses and costs in relation to:
In any event, our total liability to you under and/or arising in relation to these Terms shall not exceed the amount paid by you to us within the preceding year. You shall provide to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.
Nothing in these Terms shall exclude or limit our liability for death or personal injury due to our negligence or any other liability which we are not permitted to exclude or limit as a matter of law.
You shall indemnify us against any and all losses, damages, awards, costs (including legal costs), claims and any other losses and/or liabilities suffered by us arising from your misuse of the Website or arising from or due to any breach of these Terms by you.
We do not warrant that the Website and Services, or that any element of the Website and Services, will meet your requirements, purpose and/or expectations, nor that any of the Content on the Website and/or the Communications is accurate or complete and we are under no obligation to verify any such Content.
The Content, Communications and Services are provided “as is” and on an “is available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, accuracy, fitness for a particular purpose, non-infringement, compatibility and security.
Subscriber’s use of the Services and any materials obtained through the use of the Services is at its own discretion and risk and Subscriber is solely responsible for any infringement of any intellectual property rights that results from such use.
Annual or other custom packages or agreements may not be cancelled during the period.
We shall be entitled to suspend or terminate your access to the Website with immediate effect in the event that:
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of the Website.
We may assign or transfer ownership of and benefits of these Terms to a third party at any time without your consent.
These Terms and the online order form contain the entire agreement between us and supersede all prior agreements, arrangements and understandings between us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
No waiver by us of any breach of the terms and conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
The terms and conditions are governed by and interpreted in accordance with the laws of New South Wales, Australia and the parties hereby agree to submit to the exclusive jurisdiction of the courts of New South Wales.
Notices to you may be made via either email or Australia Express Post mail. Notices to us shall be made by email to email@example.com or by regular mail to the above address. Any notices sent by email shall be deemed to be received on the day they were sent. Any notices sent by Australia Express Post mail shall be deemed to have been delivered 72 hours after posting.
Headings in these terms and conditions are for ease of reference only and shall not affect their interpretation.
All third party rights are excluded and no third parties shall have any right to enforce the terms and conditions. This shall not apply to our associated companies who shall have the right to enforce the terms and conditions as if they were us.
Effective 25 May 2018