These are the terms and conditions of sale ("Conditions") of Swuav'e Australia Pty Ltd whose registered nearby Sydney CBD NSW 2000 Australia (ACN: 604 611 145). These terms will apply to all purchases of Goods in Australia when you order via our website (www.swuave.com) (our "Website") by using our Client Services team. Please read this document carefully before placing your order.
By placing an order by our online store, you confirm your unconditional acceptance of these Conditions. By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions.
Please note that:
Not all items featured in our catalogue, on our Website, in advertisements or fashion features are available by via our Website. Certain categories of Goods may not available via our mail order service: ready to wear, accessories, footwear etc. In addition, ready to wear, accessories or shoes are not available via our website. Please consult our Website to check whether the Goods are available via email service or website order.
We may change these Conditions from time to time. The latest version of these Conditions is available on our Website. The Conditions, which appear on our Website at the time you place your order, are the Conditions, which apply to your order,
These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website and by telephone.
1. IDENTIFICATION OF THE OFFEROR
1.1 Swuav'e Pty Ltd (ABN 604 611 145) whose registered office is based in Sydney, NSW, 2000 Australia (referred to in these terms as "we" or "us").
2.1 The price of the Goods you order will be notified to you by email invoice before you place your order or shown on the Website before you confirm your order and will be confirmed on the written confirmation that you will receive when the Goods are delivered. All prices may be either in USD currency or Australian dollars (AU$) or inclusive of GST (except where otherwise stated on our Website or notified to you by email contact).
2.2 If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods.
2.3 You must pay to us any amount ("GST Amount") which is payable by us on account of a goods and services tax, value added tax or any other similar tax ("GST") as a consequence of any supply made or deemed to be made or other matter or thing done under or in connection with these Conditions. The GST Amount must be calculated by multiplying the amount on which the GST is calculated by the prevailing rate of GST. You must pay any GST Amount at the same time and in the same manner as making any payment on which the GST Amount is calculated. You must pay any amount you are required to pay under this clause in full and without deduction.
3.1 You must pay for the Goods prior to their dispatch to you or, for Click & Collect orders, collection from store by credit card (or bank transfer on Client Services request). Payment must be in Australian dollars (AU$). The following credit cards are accepted: Visa, MasterCard and American Express. Payment via PayPal is also accepted.
3.2 Your credit card will be debited at the time the order is prepared, except in relation to Personalised Goods, in which case your credit card will be debited at the time that your order is received by us. You must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.
3.3 In order to counter Internet fraud, payments through our Website will be managed on-line with the banking organisations concerned through the facilities offered by a certified shopify Corporation, a third party based in the USA. This company will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details.
Your personal data (including name, email address, delivery details, telephone number, etc we respect your privacy and reserve the right to not accept any orders where we deem the risk of fraud to be too high.
3.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988.
3.5 In the event that the sum due from you has not been debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card, or technical failures), the sale will be cancelled immediately. In the event that the Goods have already been dispatched to you, you will remain responsible for payment and we reserve the right to process your payment at a later time or require payment via an alternative payment method.
4. DELIVERY AND SHIPPING
4.1 Except where you elect to collect your order from a store offering the shipping service, the Goods you order will be delivered during normal business hours once payment has been confirmed to the address, which you give to us when you place your order.
Express courier will make delivery. Please note that deliveries are not to certain countries outside Australia or care of hotel or PO Box addresses or to business premises.
4.2 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact us via our website (Swuav'e.com) in order to arrange an alternative delivery date to collect the Goods.
4.3 No delivery will take place unless payment for the Goods has been received. Every effort will be made to deliver the Goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be responsible for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the Goods (other than Personalised Goods) within 30 days and Personalised Goods within 8 weeks.
4.4 Please note that all packages containing Goods to be delivered to you will be weighed by us prior to their dispatch.
4.5 If, at the time of delivery of delivered Goods, the packaging for your Goods is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to delivered Goods, you should note the details on the delivery note and contact the Client Services team via (Swuave.com).
4.6 When collecting our product from our pop up stores in Sydney you will be required to provide the following items to in store staff: Receipt of purchase, Photo id and the credit card used to make the purchase. If a third party will collect the item on your behalf you must either call Client Services to notify us that a third party will collect the item or provide the third party with a signed letter expressly authorizing them to collect the Goods on your behalf. The third party will be required to show the Receipt for the purchase and Photo id, and, where you have not previously notified Client Services that the third party will be collecting the Goods, the signed letter of authority from you, prior to releasing the Goods. Swuav'e reserves the right to decline to release a collect in store (pop up store) order if the identity and authority of the person seeking to collect the Goods has not been established to Swuav'e's reasonable satisfaction. To the full extent permitted by law, you agree that Swuav’e is entitled to release Goods in accordance with this clause in satisfaction of Swuav’e pty ltd obligation to provide you with the Goods and Swuav’e pty ltd takes no responsibility for collect in store orders once released in accordance with this clause.
5. LIMITATION OF LIABILITY
5.1 To the full extent permitted by law and subject to clause 5.4.4, we will not be responsible to you
Under the Contract or otherwise at law for:
5.1.1 any losses which are not caused by any breach by us;
5.1.2 business or trade losses.
5.2 Nothing in this Contract means that our liability to you, or, where you use our Gift Service, the recipient, for fraud or for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.
5.3 We shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:
5.3.1 you give us written notification via email at email@example.com or by mail at one of our Sydney stores of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier's conditions of carriage;
5.3.2 you deliver or produce to us at Sydney NSW, 2000, Australia any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods and the Goods
5.3.3 If we accept your claim, we will bear the cost of repair or replacement and of sending you your repaired or replacement Goods. If we do not accept your claim, we will notify you and (in the case of damaged Goods) make the Goods available for collection. If, in such circumstances, you wish us to repair or replace your Goods and/or send them back to you, we will provide you with details of the costs of doing so, as well as details of our repair policy.
5.4.4 Your right to a repair or replacement under clause 5.4 above is in addition to and not in substitution of any other rights and remedies you may have under laws applicable to the Goods. 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 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.
5.5.5 The limitations on our liability contained in these Conditions is made to the full extent permitted by law. Nothing in these Conditions restricts the effect of the guarantees referred to in clause 5.4.4 above, or any other law, which cannot be excluded, restricted or modified.
6. EXCHANGE OF GOODS
6.0 Our terms and conditions for any change policy is that the consumer is able to (once making an online or in store purchase) to exchange once only, the consumer if decided to exchange for a wrong size fit or gift purchase has decided to exchange any purchase can only exchange once.
6.0.1 Once and exchange is once made Swuav'e will issue an exchange form with the terms and conditions stated on a form, the consumer must then read through the form and must sign off for an acceptance agreement receipt between consumer and Swuav'e Pty Ltd to accept that an exchange is only allowed once per transaction. A we do not refund under any circumstances (unless there has been a manufacturing fault of the product, the item must still be not used and in original condition with packaging and all swing tags and packaging box attached ) any kind of damage that is a wear and tear fault that the consumer has made due to use of the our Swuav'e product this will not cover any kind of liability from Swuav'e to offer any kind liability from the date of purchase.
6.0.2 If the consumer decides to make an exchange from an online purchase the consumer must inform Swuav'e via firstname.lastname@example.org with an attached notification of reason for exchange and mention what they wish to exchange the item for! , The consumer then must pay the fee for reshipping the item back to the Swuav'e Sydney warehouse (credential address details will be issued to the consumer via direct email contact). Then once exchanged with a new online or instore electronic or printed receipt the consumer must read through the terms and conditions and sign off to agree with the Swuav'e Pty Ltd terms and conditions policy.
6.1 In addition to your legal rights, we operate an exchange policy for our customers in respect of items delivered (other than Personalized Goods), subject to the following conditions:
Within 30 days following the date of delivery, collection from a store, you may choose to:
6.1.1 Return the items in question, in their original packaging, complete with any related accessories or instruction booklets, labels, protective covers and boxes, together with the original invoice, to the following address: Swuav'e Sydney postal address, NSW, 2000, Australia (that will be issued in email to the consumer. It is your responsibility to obtain proof of purchase returning the items by registered post or by such other means, which gives proof of date of postage and delivery. The cost of returning the goods shall be shorted by you. No new delivery can take place until we have received the returned goods from you.
6.1.2 No exchange will be offered for Goods that are returned by the Customer incomplete, damaged or soiled. You must take reasonable care of the Goods if you wish to return them exercising your consumer rights under this section. For shoes in particular, we highly recommend that you try your Swuav'e footwear on a clean floor, which would not alter the sole, such as a carpeted surface.
6.2 In the event that Goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be either re- credited directly to your bank account or a credit card or a credit note will be issued to you. Any additional payment will be debited directly from your credit card.
6.3 In the event that Goods are exchanged by post, the new sale will be subject to these Conditions.
6.4 Nothing in this clause 5 will affect your rights referred to in clause 5.4.4 above. This exchange policy is in addition to those rights and is not intended to exclude or limit those rights.
7. FURTHER INFORMATION
7.1 For further information relating to these Conditions, or the Goods themselves, you should contact us via email@example.com
8. INTELLECTUAL PROPERTY RIGHTS
8.1 As between you and Swuav'e, you acknowledge that Swuav'e owns or has a license to all title and copyrights in and to the content provided on this Website. All title and intellectual property rights in and to the licensed content provided on this Website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
8.2 The "Swuav'e" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging and/or used in connection with the sale and distribution of Swuav'e products, whether registered or not (collectively, the " Swuav’e Trade Marks"), are and remain the exclusive property of Swuav'e, a company incorporated in Australia.
8.3 The Website may contain third-party trademarks, and other marks, illustrations, images and logos. You are not granted any right or license with respect to the Swuav'e Trade Marks or the trademarks of any third party. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.