Terms and Conditions

WEBSITE TERMS OF USE

 

PW by Portia’s Will (“we”, “us”, “website”) is the trading name and is registered in Bondi, Sydney. PW by Portia's Will is a branch of Atlantis Rising International Pty Ltd ACN 163372049.

 

Please take care and read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms.

By using this website, you guarantee that you have read, understood and agreed that 1) you have the capacity to abide to this agreement and the authority to decide to this agreement, 2) you are bound to these terms and conditions, 3) you agree to comply with all local rules and laws.

PW by Portia’s Will reserves the right to change terms and conditions at any time and without notice. These changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions.

PW by Portia’s Will reserves the right to terminate these terms at any time without notice. PW by Portia’s Will reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole. If you do not agree to be bound by these terms and conditions, you cannot use the PW by Portia’s Will website.

 

RETURN POLICY

Please refer to our Return Policy page for detailed information.

 

WARRANTY AND LIMITATIONS

  1. DISCLAIMER: PW by Portia’s Will makes no warranties or representations about the accuracy or the completeness of this content, the content of any site linked to this site, contributors, information or any other items or sites linked to this site. We assume no liability or responsibility for:
  • Errors or inaccuracies of content and materials;
  • Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the website;
  • Any unauthorized access to or use of secure servers and any or all personal information stored therein;
  • Any interruption or down-time on the website;
  • Any bugs, viruses, trojan horses or the like that could be transmitted through the website;
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted or made available via the PW by Portia’s Will website, social media or customer service team.
  1. LIMITATION OF LIABILITY: In no event shall PW by Portia’s Will be liable to any third party for any indirect, consequential, incidental, special or punitive damages, including a decrease in profit from your use of the website or social media, contributions or any branded items. PW by Portia’s Will’s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with this agreement whether in contract, tort or breach of statuary duty.
  2. PW by Portia’s Will makes no warranty with respect to any product sold other than what is stated on the PW by Portia’s Will website. We do not give warranties expressed or implied with any kind of respect to any products sold on the website.

 

INDEMNITY

You agree to indemnify, defend and hold harmless PW by Portia’s Will, its agents, distributors and affiliates. This includes all officers, directors and employees.

 

PRICE

Prices are all displayed and quoted in Australian Dollars. PW by Portia’s Will reserves the right to do any and all fraud checks required. PW by Portia’s Will reserves the right to change prices without notice. Products are only available while stock is available. Any orders placed on items with incorrect prices due to data entry error can be cancelled by PW by Portia’s Will or refused. If payment has already been made you will be given the option to remedy the price or receive a refund.

 

INTELLECTUAL PROPERTY

PW by Portia’s Will owns all content other than outlined content. This includes our website, database, content, images, logo, titles, names, illustrations, designs, marketing, graphics, text and images. You may not use this for any reason unless authorized in writing from Orlanda Bolton. Any use of any content is against copyright law.

You must not access amaredesign.com.au to do anything for an illegal purpose. International users agree to this in their jurisdiction. You must not attempt to hack, modify or use the website illegally. You must not do anything that would harm users or PW by Portia’s Will. You must not violate our trademark or copyright laws.

Any breach to any part of these terms and conditions terminates your agreement to use this page.

 

STOCK AVAILABILITY

PW by Portia’s Will is responsible for updating the stock availability on the PW by Portia’s Will website. In the unlikely event where you have purchased an item(s) (your card or PayPal account has been charged), and we no longer have the item(s) in stock, a staff member from PW by Portia’s Will will be in contact with you to notify you of the occurrence. PW by Portia’s Will will then refund you in full for the payment you have made.

 

FAULTY PRODUCTS

We warrant that:

  • The Product will be delivered undamaged in the quantities ordered; and
  • The Product will conform with the manufacturer’s advertised product as set out on the Site or in our Product material at the time of your Order.

We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

  • You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
  • You providing us with the order number and such other information as we reasonably require.

If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

  • Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
  • Been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
  • Been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
  • Deteriorated through normal wear and tear,

After delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

 

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the PW by Portia’s Will terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to PW by Portia’s Will, whose applications are acceptable to PW by Portia’s Will and who have authorized PW by Portia’s Will to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, PW by Portia’s Will reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where PW by Portia’s Will feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. 
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

 

CANCELLATION POLICY

Once an order has been placed and we have processed the order you are unable to cancel that order. If you wish to change the items purchased you will have to wait until receiving the goods when you can then complete a return as per the instructions outlined in our Returns Policy.

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case 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.

 

DIGITAL GIFT CARD PRODUCT TERMS AND CONDITIONS


GENERAL
1.For the purposes of these terms and conditions, “You” refers to the purchaser and/ or recipient and user of the Digital Gift Card, being a gift card that is in a digital form.
2.Digital Gift Cards are issued by Atlantis Rising ABN 38138236318.
3. PW by Portia’s Will is the distributor and promoter of Your Digital Gift Card. PW by Portia’s Will is also responsible for providing certain cardholder services to You, including providing You with Your Digital Gift Card and assisting You with any enquiries You may have regarding the use of a Digital Gift Card.
4.A separate contract is created between You and Atlantis Rising on these terms and conditions for each Digital Gift Card you hold.
5.Purchasing or using a Digital Gift Card means that you accept these terms and conditions. If you let another person use your Digital Gift Card, you must tell them that the use of the Digital Gift Card is subject to these terms and conditions. 
6.Digital Gift Cards are not legal tender, account cards, credit cards or debit cards or securities. Digital Gift Cards are single load cards and refunds onto the same Digital Gift Card cannot be completed.
7. Any conditions or warranties implied or imposed by legislation or otherwise are excluded from these conditions of use. To the extent permitted by law, PW by Portia’s Will’s liability in all circumstances is limited to replacing Digital Gift Cards.
8. PW by Portia’s Will may cancel any Digital Gift Card, or the Digital Gift Card scheme, for any reason at any time without notice. If so, PW by Portia’s Will will either provide a refund or a replacement physical gift card of equivalent value or provide the unused value to you in another way. However, unused value need not be provided to You where PW by Portia’s Will reasonably suspect fraud in relation to a Digital Gift Card. 


VALIDITY PERIOD
1.Digital Gift Cards are valid for a period of three (3) years from the date of issue, being the date of the email containing the Digital Gift Card is delivered, and will expire on the date indicated on the face of the Digital Gift Card.
2.After the Digital Gift Card has expired, it is no longer valid and all transactions will be declined. You agree that You have no right to receive a refund of any unused value remaining and that unused value will become PW by Portia’s Will’s property immediately following the expiry date unless PW by Portia’s Will elects otherwise.


CHANGES TO T&Cs
1.The information in these Terms and Conditions is current as of 18 June, 2020. We may change, add to or delete the terms and conditions in these Terms and Conditions at any time.