WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.violettas.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 Violetta's Shoes . Access to and use of the Website, or any of its associated Products or Services, is provided by Violetta's Shoes. 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. Violetta's Shoes reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Violetta's Shoes 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 Violetta's Shoes in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
3.2. You warrant that any information you give to Violetta's Shoes in the course of completing the purchase process will always be accurate, correct and up to date.
3.3. 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 Violetta's Shoes; or
(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;
(c) you have the sole responsibility for protecting the confidentiality of your 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 Violetta's Shoes 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 Violetta's Shoes 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 Violetta's Shoes 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
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. All pricing on the website is in Australian dollars (AUD).
5.3. Payment of the Purchase Price may be made through PayPal (the 'Payment Gateway Provider')
5.4. Following payment of the Purchase Price being confirmed by Violetta's Shoes, you will be issued with a receipt to confirm that the payment has been received and Violetta's Shoes may record your details for future use.
5.5. We do not keep your credit card details on file.
5.6. Product pricing does not include shipping costs, which are added at checkout.
5.7. Payment is taken as you place your order and if the payment does not authorise successfully, your order will not be successfully processed. Please check that you receive not only a confirmation of your order but also a confirmation of your payment by email. If you have not received one of these, your order may not have been placed successfully.
5.8. Any specials or promotional prices online may not necessarily be reflected in store and vice versa.
5.9. In some product images additional items have been used as props or for display which are not included in the purchase price. Please check the product description.
5.10. Your payment is taken as you place your order so you will always be charged at the rate advertised at the point of ordering.
5.11. Violetta’s Shoes reserves the right not to accept, or to cancel, any order once accepted, without penalty.
5.12. Once an order has been placed we are not able to cancel or change this order
5.13. Please note that there are product colour variations from screens.
6. Returns Policy
6.1. Returns will only be accepted back where the item is unworn and in its original condition with all tags attached and in the original packaging.
6.2. In the event a return does not meet the set standard we reserve the right to reject the item.
6.2. There are no returns, refunds or exchanges on Sale items.
6.3. There are no returns, refunds or exchanges on jewellery.
6.3. For any return or exchange please email email@example.com within 7 days of receiving you order for a return authorisation number. Once you receive your return authorisation number, the order must be returned within 7 days.
6.4. For any exchange or return please email firstname.lastname@example.org within 7 days of receiving you order for a return authorisation number. Once you receive your return authorisation number, the order must be returned within 7 days.
6.5. Returns will only be accepted back where the item is unworn and in its original condition with all tags attached and in the original packaging. In the event a return does not meet the set standard we reserve the right to reject the item.
6.7. Please allow 7 business days for your return to be received and processed.
6.8. Sale Items. Please take care when purchasing items from our Sale section, as these items cannot be exchanged, refunded, returned or credited for an incorrect purchase, incorrect size, change of mind or circumstance.
6.9. The return shipping method and costs are the responsibility of the customer. It is recommend you post your return via a trackable method and retain proof of postage until receiving confirmation that your return has been processed.Violetta’s Shoes does not take responsibly for returns that are not received
6.10. Violetta’s Shoes does not take responsibly for returns that are not received. Please allow 7 business days for your return to be received and processed.
6.11. Violetta’s Shoes may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in it’s original condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6.12. In the unlikely instance you receive an item with a genuine manufacturing faulty, you are entitled to a full refund, or a replacement item, providing stock is available. These terms do not cover wear and tear. Violetta’s Shoes requires the item to be returned in order to issue a refund or replacement.
6.13. Your refund will be credited to the same payment method used to make the original purchase
6.14.Violetta’s Shoes requires the item to be returned in order to issue a refund or replacement.
6.15.These terms do not cover wear and tear.
6.16. If you believe you have received a faulty item, please email email@example.com with photos of the fault and your order number.
7.1. Free delivery for orders over $150
7.2.Orders placed Monday to Friday will be dispatched the next business day.
7.3.Orders placed on weekends or public holidays will be despatched the next business day.
7.4. Once your order has been dispatched you will receive an email with your tracking details.
7.5. All orders are sent with Australia Post.
7.6. We only deliver to addresses in Australia.
7.7. It can take between 1 to 7 working days for your parcel to be delivered.
7.8. You will be notified via e-mail of the progress of your order - when it has been received (confirmed) by us and when it has been shipped.
7.9. We do our best to deliver on the date you have requested but at busy times of the year delivery times can be extended. Please make sure that delivery address & postcode are correct as we can not be responsible for non delivery due to an incorrect address. Likewise in the event of extreme weather or other events out of our control we can not be responsible for any delivery delays.
7.10. We make no guarantees about expected delivery times, including Christmas orders.
7.11. It is best if someone is available to receive and sign for the delivery but we can arrange for the couriers to leave the parcel safely without a signature. If no one is home, the couriers will do this by default. We do not deliver to PO boxes.
7.12. You acknowledge that the Purchase Services offered by Violetta's Shoes integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
7.14. In providing the Purchase Services, Violetta's Shoes 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 Violetta's Shoes 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.
7.15. In the event that an item is lost or damaged in the course of the Delivery Services, Violetta's Shoes:
(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 firstname.lastname@example.org 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 Violetta's Shoes 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 Violetta's Shoes or its contributors.
8.2. Violetta's Shoes 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 Violetta's Shoes; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Violetta's Shoes 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 re- use or are in the public domain.
9.2.We retain details necessary for successful fulfilment of your order and may use them for marketing purposes - for example emailing or posting you information about seasonal offers. These include: name, address, telephone number and email address of sender, name, address, telephone number and email address of recipient.
9.3. We do not sell addresses to any other companies.
9.4. We will never cold call you for marketing purposes.
9.5. Credit card numbers are not retained after payment has been received.
We retain details necessary for successful fulfilment of your order and may use them for marketing purposes - for example emailing or posting you information about seasonal offers. These include: name, address, telephone number and email address of sender, name, address, telephone number and email address of recipient.
10. General Disclaimer
10.1 You acknowledge that Violetta's Shoes does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2 Violetta's Shoes 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) Violetta's Shoes 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 Violetta's Shoes (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Violetta's Shoes, 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 Violetta's Shoes (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 Violetta's Shoes) 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);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for theUser'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. Violetta's Shoes'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 Violetta's Shoes is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Violetta's Shoes, 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. Violetta's Shoes 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 Violetta's Shoes, by third parties or by any of the Purchase Services offered by Violetta's Shoes.
11.4. You acknowledge that Violetta's Shoes does not provide the Delivery Services to you and you agree that Violetta's Shoes 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 Violetta's Shoes as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying Violetta's Shoes at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Violetta's Shoes has made this option available to you.
(c) Your notice should be sent, in writing, to Violetta's Shoes via the 'Contact Us' link on our homepage.
12.3. Violetta's Shoes 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) Violetta's Shoes is required to do so by law;
(c) the partner with whom Violetta's Shoes offered the Purchase Services to you has terminated its relationship with Violetta's Shoes or ceased to offer the Purchase Services to you;
(d) Violetta's Shoes 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 Violetta's Shoes is, in the opinion of Violetta's Shoes, no longer commercially viable.
12.4. Subject to local applicable laws, Violetta's Shoes 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 Violetta's Shoes'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 Violetta's Shoes 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.
13.1. You agree to indemnify Violetta's Shoes, 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
(c) any breach of the Terms.
14. Dispute Resolution
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).
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.
On receipt of that notice (' Notice') by that other party, the parties to the Terms (' Parties') must:
(a) Within 30 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, 30 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;
(c) The Parties are equally liable for the fees and reasonable expenses of a 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 NSW, Australia.
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 Violetta's Shoes 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 New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
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.