Terms & Conditions (Products)

LEATHER HERO TERMS AND CONDITIONS
Welcome to the Leather Hero Store (‘the Website’) made available at the URL www.leatherhero.com.au. Operated by Artmaker Inc, ABN: 15 339 092 784 is Leather Hero (Leather Hero, Leather Hero Store, The Leather Hero Online Store, we, our or us) is a registered business in Australia.
Your access to the Leather Hero Store or purchase from the Leather Hero Store will be governed by the following terms and conditions of sale, including all other terms and conditions that may be notified to you at the time of placing an order. You must read these terms and conditions before deciding to make a purchase. By accessing the website and/or ordering Products from the Leather Hero Store you acknowledge and agree to these terms of use which may be amended at any time.  

Sales Terms
Before ordering Products from the Leather Hero Store, you must read and agree to be bound by these Sales Terms. If you are unable to agree to these sales terms, you may not purchase from the Leather Hero Store. By placing orders for and purchasing from the Leather Hero Store, you are signalling your agreement to be bound by these Sales Terms.  These Sales Terms may be changed at any time and any changes will be effective on the date they are posted.

Ordering 
To place an order, you must supply your name, address, phone number, email address, payment details and other required information. You must be 18 years or over and legally capable of entering into a binding contract. 
You are responsible for selecting the Leather Hero Products you wish to purchase and you accept total responsibility for the Products ordered by you. To select your Products, use the “ADD TO BAG” button then proceed to the checkout. You will be given the opportunity to check or amend any aspects of your order, including the items, total price and the information you have provided before you make payment. Upon submitting an order, Leather Hero will send an email to the address you provided confirming receipt of your order (Order Confirmation Email). This email will contain an itemised and tallied list of items within your order and serves as a Tax Invoice. 

Custom Mixing is non-refundable. You must ensure that you have your sample before ordering and that it is posted to Leather Hero immediately. Your order will be held for up to 30 days. If your sample does not arrive, your order will be shipped with all components unmixed. Normal shipping timeframes do not apply to Custom Mixing orders. 

 

Contract Formation 
Products within the Leather Hero Store are shown as an invitation to treat only. At Leather Hero’s sole discretion, all or part of any order may be rejected for any reason, including and without limitation in the case of suspected abnormal, fraudulent or opportunistic orders placed in response to incorrect pricing or offers made as a result of human, system or technological errors.
A separate contract of sale is made when Leather Hero emails you (whether you receive the email or not) advising that all or part of your order has been shipped (Shipping Confirmation Email). Leather Hero will not be obliged to supply any other Products from your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation Email. You are advised to download and save a copy of your Order and Shipping Confirmation emails. 

Order Cancellation
Once Products have been shipped and a Shipping Confirmation Email has been sent to you by Leather Hero, your order cannot be cancelled. See Returns and Refunds. If unable to supply Products as per your order, Leather Hero may contact you to advise that your order will be cancelled.  You will not be entitled to seek compensation for any direct or indirect loss, expense, damage or inconvenience arising from such cancellation.

Delivery
You are responsible for entering your preferred, full and accurate delivery address when placing an order. Leather Hero will not be liable for losses or delivery delays associated with your supply of incorrect personal details when ordering. 

Delivery Locations
The LEATHER HERO Store ships to most valid street addresses within Australia as well as to international locations worldwide (excludes P.O. Box addresses, overseas army addresses, some hotels, hostels or prisons). 

Using Leather Hero Products
Leather Hero Products are used at your own risk. It is your responsibility to read the instructions, select the appropriate Product, test Product suitability, prepare and protect work areas, store and use the Products safely, use and apply the Products skilfully and employ best judgement at all times. You agree to indemnify Leather Hero from any claim arising from the misuse of Products purchased from the Leather Hero Store. Leather Hero will not be held liable for any dissatisfaction, loss or damage, whether direct, indirect, consequential or incidental connected with or as a result of the misuse of or accidents involving the Products, whether by you or a third party. 

Your Account
If you create an account on the Leather Hero Store you are responsible for:

  • maintaining the confidentiality of your username and password;
  • all activities performed on your account
  • each purchase made on your account 

You warrant that the Products purchased under these Sales Terms from the LEATHER HERO Online Store are being purchased for your use and will not be resold or resupplied without the express consent of Leather Hero.

Prices, Shipping and Handling, Charges and Taxes
All prices displayed on our website are in Australian Dollars and include GST. These prices and prices for shipping and handling may change from time to time and without notice to you. The prices displayed do not include shipping charges or any additional charges incurred as a result of secondary attempts to deliver to you. Each separate order you place will incur separate additional shipping and handling charges.

Pricing Errors
In the instance of a pricing error whether displayed on the Leather Hero Store or in an Order Confirmation email or communicated to you by any other means, Leather Hero will, to the extent permitted by law, exercise the right to correct the price, charge the correct price or cancel the order. If the correct price is more than the price shown, Leather Hero will contact you with the correct price. Your sole remedy is such an error occurs is to cancel your order. 
You acknowledge that if the pricing error is obvious and could have easily been recognised by you as a pricing error, then Leather Hero is under no obligation to provide the Product(s) to you at the lower price.

Payments
Payments must be made by one of the methods displayed on the Leather Hero Store (VISA, MasterCard or PayPal). 
If Leather Hero does not receive payment gateway authorization that the payment has been processed, Leather Hero reserves the right to cancel your order. In this case, the value of your order will be settled against the card used to make the purchase. You must allow up to 14 business days for the banks to process your refund. Contact your bank for further information or to check the status of your refund. 
If your credit card payment cannot be processed you will be notified. It will be your responsibility to contact the card issuer and endeavour to resolve the issue.

Order Processing
We process orders on business days excluding New South Wales public holidays. Orders placed on the weekends or public holidays are processed on the next business day.

Title to Products
Leather Hero retains full legal title to the Products until your payment has cleared and you receive your Shipping Confirmation Email.  The Products will be at your risk from the time of shipping.

Shipping
We deliver Australia wide and internationally via Australia Post services. Most orders are shipped within 2 days of receipt of cleared payment for your Products. Orders are shipped to the address entered by you at the time of ordering and that shipping address cannot be changed thereafter.  
For Australian orders, the default service displaying on the Leather Hero Store is Parcel Post. This service includes a tracking number but does not include insurance. You may choose to add insurance. You may choose to upgrade to Express Post which includes faster shipping, a tracking number and $100 worth of insurance. Additional insurance is available. 
Shipping charges for international orders are calculated during checkout. 

Delivery Timeframes
You should allow approximately 4-8 business days for standard delivery and 2-4 business days for express delivery for in stock items, provided that your payment is approved before 12 noon on the day that the order is placed.  

Delivery delays
If you Contact Us and advise that your order has not been delivered, Leather Hero will commence an investigation with Australia Post after 5 business days for Express Post and 10 business days for Parcel Post.
If you have provided an incorrect delivery address and this results in unsuccessful delivery, the package will be returned to Leather Hero. Additional charges will be payable by you to have the order resent. 
As per the terms of Australia Post services, if you unreasonable delay the receipt of a delivery after they have notified you that they have tried to deliver the order to you, the order will be returned to Leather Hero. Additional charges will be payable by you to have the order resent.

Events Outside Leather Hero’s Control
Leather Hero will not be responsible for any delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control including but not limited to:
failures of third party delivery services such as and including Australia Post
national or states of emergency;
civil commotion, invasion, terrorist attack or threat of terrorist attack, and the threat, preparation or declared war;
strikes, lock-outs or other industrial action;
failure of transportation facilities, power or utility outages;
natural disasters, earthquake, fire, explosion, storm, flood, subsidence or epidemic;
the acts, decrees, legislation, regulations or restrictions of any government.
Leather Hero's operation is deemed to be suspended for the period that the above continues.

Parcel Post shipping
We offer flat rate standard shipping for $5 per unique order and free shipping for orders valued at $100 and over. Due to online automation, shipping charges for separate orders cannot be combined. As the Products you order are at your risk from the time of shipping, we recommended that you add insurance when selecting Parcel Post shipping during checkout. Note that insurance cannot be added after your order is finalised online. 
In the event of a successful claim, Leather Hero will resupply your order up to your insured amount. Included:
• $2 insurance covers you for up to $100 worth of order replacement
• $5 insurance covers you for up to $300 worth of order replacement

Uninsured shipping
If you do not purchase insurance with your Parcel Post shipping and your Products arrive damaged or are lost or stolen in transit, your sole remedy is to submit a claim with Australia Post directly where a maximum settlement of $50 may be achieved. We recommend you submit your claim immediately and supply photographic evidence if possible.

Express Post 
If you select Express Post, postage insurance is included. It covers you for the cost of the resupply of your Products in the event that your order is lost, stolen or damaged in transit. 
$13 delivery charge includes $100 insurance when you spend $1 - $99.99 in one transaction
$18 delivery charge includes $200 insurance when you spend $100 - $199.99 in one transaction
$28 delivery charge includes $300 insurance when you spend $200 – $299.00 in one transaction

Insurance claims
If your Products are damaged in transit or if, after 5 business days for Express Post and 10 business days for Parcel Post, your order has not been delivered, Contact Us and supply your order details plus photographic evidence (where applicable). Leather Hero will submit a claim with Australia Post and once approved, resupply your Products up to your insured value. You must allow sufficient time for Australia Post to conclude their search or investigate your claims which may take up to 10 working days.

Claim Exclusions
Regardless of insurance, you cannot claim for orders that show as ‘’Delivered’’ or ‘’Carded” on the Australia Post website or where you selected "Authorised To Leave" during checkout. 

Product Availability
Products are made available to purchase from the Leather Hero Store on a "first in-first out" basis and are only available whilst stocks last. Leather Hero uses reasonable efforts to ensure the availability of Products you order. 

Product Information
It is your responsibility to read and accept the product information provided on the Leather Hero Store before purchasing. We recommend that you take care when placing your order to ensure that the Products you purchase are suitable for the intended use.  

Supply Errors
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete, contact us immediately. State the full name and address you provided when placing your order, your Order Confirmation No and the date of order.  

Return and Refund if You Change Your Mind
For Australian customers, as a goodwill gesture, we have a 7 day return and refund policy for unused, undamaged and resalable Products if you change your mind and return them to Leather Hero along with a copy of your Return Authorisation email, at your cost, within 7 days of the Return Authorisation email being sent. This offer is not available for custom orders, custom Products or custom colours or to international markets.  
Your legal rights in respect of defective goods are unaffected.   

Making a change of mind return
To arrange a change of mind return, email us within 7 day of purchase and supply your order number, reason for return, name and address and confirmation that the Products are unopened, unused and in resalable condition. Do not send your Products until you receive a Return Authorisation email from Leather Hero. 
If you do not return your Products to Leather Hero within 7 days of receiving a Return Authorisation email or do not have proof of purchase, Leather Hero may refuse to provide you with a refund.  If you return any Products in a used or damaged condition, Leather Hero may deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products which may amount to 100%.
Once Leather Hero has received and validated your returned Products, Leather Hero will process your refund.

Late or unapproved change of mind returns 
Any acceptance of late or unapproved change of mind returns will be at the sole discretion of Leather Hero and any refund made for such returned Products will incur a minimum $10 restocking fee. 

Warranty Against Defects
Leather Hero will replace Products deemed by Leather Hero to be defective due to the manufacturing process. This warranty is offered in Australia only. 
Minor failures will be remedied via the supply of replacement product. Major failures will be remedied via a replacement or refund.
You will be entitled to replacement product if the product you receive has a defect of manufacturing. 

Warranty exclusions
This warranty against defects does not cover your change of mind, your purchasing errors, your workmanship, your colour mixing, the loss, damage, spillage, changes in appearance, or gradual degradation of all or part of the Products due to normal use, storage, mishap, careless handling, improper use, gradual wear or use outside Leather Hero’s instructions.  

Proof of purchase requirement
Proof of purchase in the form of an Order Confirmation Email, receipt, credit card, bank statement or tax invoice or other evidence of purchase which is satisfactory to us is required before we will process any warranty claim.

Making a warranty claim 
If Leather Hero is satisfied that your warranty claim is valid Leather Hero will arrange for the replacement of the Product.  
To make a claim you must contact us and supply your name and address, order number and reason for making a warranty claim including photographic evidence. 
Leather Hero will review your claim and send you a Return Authorisation email if approved. Your warranty claim returns will be made at your cost. We recommend that you check that all products are included and send them using Registered Post and with insurance. Leather Hero will not be responsible for warranty claim returns that are lost, stolen, missing items or damaged in transit.

Warranty claims process
Your returned Products will be assessed for defects or failures. If defects are confirmed, Leather Hero will replace the defective Products at no charge to you.
If no fault can be found and the Products are deemed by Leather Hero to match the descriptions, Leather Hero will email you to advise the outcome of your claim. Your declined return will be returned to you upon receipt of payment from you for return postage.

Refunds
Any approved refund will be processed within 5 days of receipt of the returned Products by Leather Hero. Leather Hero will notify you by email and your refund will be processed via direct deposit. Leather Hero will contact you to request your bank details. Allow an additional 5 business days for the banks to process the refund into your account. 

Unidentified returns 
Any returns that cannot be identified due to a lack of sender information will be held in waiting for a period of 3 months after which they will be returned to stock. No refund will be payable to you after 3 months from the date of receipt by Leather Hero for unidentified returns.  

Return Address
Send your returns to:
Leather Hero
PO Box 401
Mona Vale NSW 1660

Australian Consumer Law
The LEATHER HERO warranty against defects provides benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for 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.  [Note: “major failure” has a specific meaning under the Australian Consumer Law.]

Product Liability, Exclusions and Limitations
Leather Hero is bound by the conditions and warranties expressly set out in the Sales Terms of the Leather Hero Store in respect of the Products and services supplied by LEATHER HERO and required to be binding by statute. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the Leather Hero Store or any Products or goods, information, service, material, advice or recommendation supplied by Leather Hero to you through the Leather Hero Store, are excluded to the fullest extent permitted by law.
If Leather Hero breaches any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, Leather Hero ’s liability for such breach is limited to either, at Leather Hero’s election: (a) resupplying of the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those Products.
To the fullest extent permitted by law and except to the extent (if any) provided in these Sales Terms Leather Hero has no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, costs or expense whether direct, indirect, incidental, special and/or consequential, or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Sales Terms. All material on the damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or claims made against you which result from any use or which may arise from or in connection with your use of the Leather Hero Store Website is provided to you without warranties of any kind, either express or implied.
Leather Hero does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise. Leather Hero does not warrant that any of the functions contained on the Leather Hero Store or your access to the Leather Hero Store will be uninterrupted or error-free, that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components, or that any notifications, will be made in a timely manner, or at all. 

Discontinuance
At any time and without notice to you, Leather Hero may discontinue the Website in whole or in part and will not be responsible for any loss, damage, cost, or liability that may result from our discontinuance of the Website.

Using the internet
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk. 
It is your responsibility to take precautions to ensure that the process you use to access our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer. Leather Hero accepts no responsibility or liability for any interference or damage to your computer system which arises in connection with your use of our website or any linked websites. You expressly acknowledge that we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Linked Websites
Our website may contain links to other websites operated, controlled or produced by third parties. We make no representations or warranties relating to the privacy policies and practices of any third-party website and we are not responsible for the content of any third-party website. You are responsible for making yourself informed of the privacy practices of third-party websites as described by them. Leather Hero provides links to third-party websites for your convenience only and this does not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a linked website or the products or services offered by the linked websites. You visit Linked Websites entirely at your own risk. Leather Hero is not liable for any loss or damage caused by the Leather Hero Store or any website operated, controlled or produced by third parties linked to or from the Leather Hero Store.  

Indemnity
By using this website, you indemnify Leather Hero for any damage, loss or costs incurred as a result of any breach by you of these Sales Terms.

International 
The content of this website may not be deemed appropriate in certain countries or areas or for certain people or ages. You access this website at your own risk and are responsible for any awareness of and compliance to the laws of your jurisdiction. 
Leather Hero Product prices and shipping and handling charges exclude any duties, taxes or other fees payable to destination countries, governments, departments, third party services or institutions. You are liable to pay all costs associated with customs clearance applying to your order, including any loss, damage or inconvenience, either direct or indirect. Leather Hero will not refund, advise, supply information or communicate on your behalf to release orders held by international customs services. It is your responsibility to research and accept any additional costs and actions you may be required to take to have your order released by your local customs services prior to placing your order with Leather Hero. Even if requested, we will not falsify parcel descriptions, weights, Product values or any other customs documentation.  

Privacy
By purchasing Products from the Leather Hero Store, you consent to Leather Hero collecting, holding, using and disclosing your personal information in accordance with its Privacy Policy.

Severability
If at any time, any provision of these Sales Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Sales Terms. The provision will be enforced to the fullest extent permitted by law and will not affect the validity and enforceability of any remaining provisions.

Transfer of rights and obligations
These Sales Terms are binding on you and Leather Hero and on any person to whom Leather Hero might transfer its rights. Without prior written consent from Leather Hero, you are not permitted to transfer, assign or otherwise deal with a contract with Leather Hero, or any of your rights or obligations arising under it. Leather Hero may transfer, assign, sub-contract or otherwise deal with a contract with you, or any of Leather Hero's rights or obligations arising under it, at any time during its term.

Waiver
If Leather Hero fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if Leather Hero fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

Entire agreement
These Sales Terms, Leather Hero policies and Confirmation emails represent the entire agreement between you and Leather Hero. They supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. You acknowledge that, in entering into a contract with Leather Hero, you have not relied on any representation or promise, oral or written, given by Leather Hero or any third party except as expressly stated in these Sales Terms.

Governing law and Jurisdiction
These Sale Terms and your purchase of Products from Leather Hero through the Leather Hero Store are governed by and construed in accordance with the laws of New South Wales, Australia.  Your transaction is deemed to have taken place in New South Wales.  Any dispute or claim arising in connection with these Sales Terms or your purchase of Products from Leather Hero shall be subject to the non-exclusive jurisdiction of the Courts of New Sale Wales, Australia. 

Termination
Leather Hero may terminate these Sales Terms and end the contract for supply at any time without notice to you including immediately prior to sending you the Products if:

  • in Leather Hero’s reasonable opinion, you breach the Sales Terms and the breach cannot be remedied
  • your breach the Sales Terms and fail to remedy your breach within 7 days of the breach

Intellectual Property
Leather Hero owns all intellectual property appearing on this website. These properties include the design, words, images (Leather Hero products, Leather Hero before and after and Leather Hero art images), graphics and customised software and are protected by Australian and international copyright law. 
You are not permitted to use, modify, copy, publish, post, reproduce, display or distribute Leather Hero Store content, trademarks, logos or images whether registered or otherwise without the express documented permission of Leather Hero.

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