This Agreement applies to the sale of goods by Angela Evans to You on the Website. Your rights under this Agreement are in addition to and do not in any way limit your rights under the Australian Consumer Law which may not be lawfully excluded. All other terms, conditions, guarantees and liabilities which are not expressly included in the Agreement are excluded.
2. USE OF WEBSITE
2.1 Provider of Website
2.1.1 This Website is provided by Angela Evans (in these terms and conditions referred to as Angela Evans, We and Us).
2.2 Use of Site
2.2.1Your viewing and use of the Website is governed by and subject to Your consent to the terms and conditions of this Agreement.
126.96.36.199purchasing items on the Website; or
188.8.131.52using the Website;
or attempting to do either of those things, you irrevocably agree to be bound by these Terms and Conditions, which form a legally binding contract between You and Us.
3. TERMS OF PAYMENT
Angela Evans will determine the price of all goods available for purchase on the Website. Prices listed on the Website will include GST.
3.2 Terms of Payment
Invoices will be paid by You at the time of sale. Angela Evans will not ship goods to you if they are not paid for at the time of sale.
3.3 Title to Goods
Title to goods purchased by you on the Website shall remain with Angela Evans until Angela Evans receives full payment of the amount owed for the goods you Purchase.
4.1 Refund Policy (for non-defective goods)
4.2 Non-sale items
4.2.1 Angela Evans will exchange or refund a non-sale item purchased on the Website if you change your mind, if:
184.108.40.206 You return the item to Angela Evans at the address specified on the Website within 21 days from the date of purchase;
220.127.116.11 the item is unworn and is in its original condition, with labels and tickets attached; and
4.2.2 You provide to Angela Evans the original receipt.
4.3 Sale items
Angela Evans may, at its discretion, exchange sale items on the same conditions as set out at paragraph 4.2.1. Angela Evans will not refund sale items.
4.4 Your Rights to a Refund (for defective goods)
4.5 You are entitled to a refund if the goods you purchase on the Website are:
4.5.2not of acceptable quality; or
4.5.3not fit for any disclosed purpose; and
You return the item to Angela Evans within 21 days after purchase, together with proof of purchase. Acceptable forms of proof of purchase are receipts and bank statements. If You do not return the item within this period, You will not be entitled to a refund but Angela Evans will exchange the goods or have them repaired.
4.6 If You are entitled to a refund under paragraph 4.5 of this Agreement You may elect to receive, instead, an exchange or a gift card of equivalent value to the item(s) in question.
4.7 Angela Evans may ask you to demonstrate that you did not cause the fault in the item described at paragraph 4.5 above.
4.8 Items purchased online by customers resident in Australia may be exchanged or refunded at any Australian Angela Evans store. This excludes orders paid by using Paypal or Afterpay.
5. SUSPENSION OF SERVICE
5.1 No Warranty or Representation of Availability
Angela Evans makes no warranty that the Website will be available for use by You at all times or at any particular time or at all, and expressly disclaims any such representation.
5.2 Suspension of Service
5.2.1Angela Evans may from time to time suspend operation of the Website.
5.2.2Where possible, Angela Evans will place a notice in advance on its Website of the time and duration of any interruption to or suspension of the Website. Angela Evans does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.
6. LIABILITY AND INDEMNITY
6.1 Necessary Authority
If You make purchases using the Website You acknowledge and warrant to Angela Evans that:
6.1.1You have the full authority to engage in the transactions You undertake;
6.1.2You will be liable for all costs, fees, charges and other amounts which may become due to Angela Evans as a result of the use of the Website;
6.1.3All goods sold to You from the Website shall be at Your risk immediately upon delivery to You;
6.1.4You are properly authorised to provide Angela Evans with any information which You provide to Angela Evans and that You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to Angela Evans; and
6.1.5all information You provide to Angela Evans is true and complete to the best of Your knowledge.
You must indemnify Angela Evans upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by Angela Evans as a result of a breach of any of these warranties.
6.2 No Exclusion of Australian Consumer Law
Angela Evans acknowledges that under the Australian Consumer Law, certain conditions and warranties may be implied into this Agreement and rights may be conferred upon You which cannot be excluded, restricted or modified. Nothing in this Agreement, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.
6.3 Limitation of Liability
6.4Without limiting any other provision of this Agreement, Angela Evans’s liability to You is limited, at Angela Evans’s option, to the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods; or
6.5You agree and acknowledge that Angela Evans accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity and any form of economic loss), damage or expense of any kind or nature. You release and forever discharge Angela Evans from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.
7.2Without limitation, You consent to Angela Evans collecting personal information about You for the purpose of retailing goods on the Website.
7.3You authorise Angela Evans to make any inquiries reasonably required to satisfy itself of Your identity or any other matter Angela Evans reasonably considers to be necessary.
8. USE OF WEBSITE
8.1.1Unless otherwise stated the copyright in the Site Materials is owned by Angela Evans.
8.1.2Other than for the purposes and subject to the conditions prescribed under the Copyright Act, or as otherwise provided in this Agreement, none of the Site Materials may be reproduced, distributed, adapted or communicated to the public without Our prior written consent.
8.1.3 Angela Evans gives You permission to:
18.104.22.168print copies of the Site Materials for Your own use; and
22.214.171.124store a copy of the Site Materials on Your computer for the sole purpose of viewing the Site Materials.
8.1.4Angela Evans makes no representations that the Linked Materials do not infringe the intellectual property rights of a third person.
The trademarks contained on this website are the trade marks of Angela Evans or its respective owners. These trademarks may not be reproduced without the owner’s consent.
9. RESOLUTION OF DISPUTES
You and Angela Evans each agree that You will attempt to resolve any disputes between You and Angela Evans in relation to this Agreement in accordance with the applicable Rules and by good faith mediation.
10.1.1Angela Evans may give You notice of any matter or thing required or permitted to be notified to You under this Agreement by either:
10.1.1.1sending You an electronic mail message to an electronic mail address nominated by You; or
10.1.1.2posting the notice to Our Website. Such notice takes effect and is deemed served from the time the electronic mail message leaves Our system or is visible on Our Website, as the case may be.
10.1.2You must give any notice to Angela Evans required or permitted to be notified to Angela Evans under this Agreement by either:
10.1.2.1sending it by registered post to the address below:
16-20 Claremont Street
South Yarra VIC 3141
10.1.2.2sending by facsimile to the following facsimile number:
Such notice takes effect and is deemed served if by registered post on the day of receipt or, if by facsimile, upon the sender receiving confirmation that the transmission has been completed without error. In any event, if receipt of the notice takes place not on a Business Day or after 5.00pm in the place of receipt, the notice will be deemed to be received on the next Business Day.
10.2 Governing Law
The terms and conditions contained in this Agreement shall be governed by and construed in accordance with the laws of Victoria, and You and Angela Evans agree to submit to the jurisdiction of the Victorian Courts in respect of any dispute arising in connection with these terms and conditions.
10.3 Personal Knowledge
A reference to a matter being to the knowledge of a person means the matter is to the best of the knowledge and belief of the person after making proper enquiry including enquiry which a reasonable person would be prompted to make by reason of knowledge of a fact.
If any provisions of these terms and conditions are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.
10.5.1Angela Evans may vary these terms and conditions from time to time by making an updated set of terms and conditions available at this, or a substitute, Website.
10.5.2Any new terms and conditions take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available.
10.6 Waiver and Exercise of Rights
10.6.1A single or partial exercise or waiver of a right relating to this document does not prevent any other exercise of that right or the exercise of any other right.
10.6.2No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
10.7 No Merger
The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.
10.8 Rule of Construction
In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
11. DEFINITIONS & INTERPRETATION
11.1In these terms and conditions, unless expressed or implied to the contrary:
Act means the Competition and Consumer Act 2010 (Cth).
Australian Consumer Law means Schedule 2 to the Act.
Agreement means this document and includes all Schedules and Annexures to it.
Business Day means a day other than a Saturday, Sunday or public holiday in Melbourne, Victoria.
Copyright Act means the Copyright Act 1968 (Cth).
GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax Imposition – General) Act 1999 (Cth).
Linked Materials means materials, in any form, contained on any website not operated by Angela Evans whether or not the Website contains a link to those materials.
Privacy Act means the Privacy Act 1988 (Cth).
Angela Evans means Angela Evans Stores Pty Ltd ACN 004 091 016.
Site Materials mean all materials, in any form, comprising the Website.
Website means this website, located at the URL http://www.rogerdavid.com.au
You and Your means the user of the Website.
11.2In these terms and conditions, unless expressed or implied to the contrary a reference in this Agreement to:
11.2.1a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;
11.2.2a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
11.2.3a person includes the legal personal representatives, successors and assigns of that person;
11.2.4any body which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the first-mentioned body;
11.2.5a clause, schedule or appendix is a reference to a clause, schedule or appendix in or to this Agreement;
11.2.6this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
11.2.7writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
11.2.8’$’ or ‘dollars’ is a reference to Australian dollars;
11.2.9the singular includes the plural and vice versa; and
11.2.10a gender includes the other genders.