Date Posted:13 September 2016
Terms & Conditions
Shoemakers Online is a Registered Domain of SHOEMAKERS WHOLESALE Pty Ltd.
A.B.N. 51 005 598 336
By entering the Website, and/or any page accessible on this site, and/or by purchasing products from Shoemakers Online through the Website, or dealing with Shoemakers in any way through the Website, you accept, without limitation or qualification, the terms and conditions set out below (the "Terms") without modification. By accessing and using this Website, including (without limitation) purchasing products, you acknowledge that you are bound by the Terms.If you do not wish to be bound by the Terms you should not access or use the Website. If you have any queries regarding these Terms, please contact email@example.com Shoemakers may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS
Contract You will indicate by completing the appropriate order form on the Site the products that you wish to order. At the same time you will complete an authorisation for us to recover, through your credit or debit card, payments due to us. Your order shall constitute an offer to us to purchase the Products specified in the order. We may accept or decline the order. If we acknowledge your order that shall not constitute an acceptance of it. If we accept the order we shall notify you of our acceptance (in these Terms "Acceptance") by email, and we shall confirm the price. We shall at the same time notify you of the identifying number (in these Terms the "Invoice Number") for your order and you will be required to quote it in any subsequent communications. Only at that point will a contract for the sale and purchase of Products come into being. Shoemakers Online reserves the right in its discretion to decline to accept any order and/or to supply Products to any individual or company. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
Each order, Acceptance of each order and the supply of Products by Shoemakers Online pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and Shoemakers Online in relation to any Products ordered and supplied through the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us. All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration indication of price shall form any part of these Terms.
The prices of the Products shall be those specified by Shoemakers Online to you from time to time in accordance with the provisions headed "Orders and Contracts" above. Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing. A summary of these postage and packing charges can be found at our shipping info page. Prices on the Website may differ from those in our retail store. Delivery and Availability Shoemakers Online shall deliver Products ordered by you to a courier or postal service of Shoemakers Online choice to the delivery address that you have given us. By accepting these Terms, you agree irrevocably to appoint and do appoint the courier or postal service to be your agent for taking delivery of the Products on your behalf, and delivery to the courier or postal service shall be deemed to be delivery to you. Only if you are resident of Australia or New Zealand, Shoemakers Online shall wherever applicable, instruct the courier or postal service to deliver the Products to the address only in Australia or New Zealand that you give us. All delivery is subject to availability and time shall be of the essence. As we process your order, we will also notify you if any Products unfortunately are not available. Shoemakers Online shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in delivery of goods, if the delay was due to any cause beyond Shoemakers reasonable control.
Shoemakers Online does not sell product for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.
INSPECTION, DELIVERY DELAYS AND NON DELIVERY
Nothing in this clause affects your statutory rights pursuant to the provisions headed "Right to Cancel and Returns" below.
You must inspect the Products as soon as is reasonably practicable after delivery. Within fourteen (14) working days of delivery you shall notify Shoemakers Online in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.
Subject to the conditions set out below, if you establish to our reasonable satisfaction that any Products are not in accordance with these Terms or any other contract between us or are defective, your sole remedy shall be limited (as Shoemakers may elect) to the replacement of the Products or refund to you of the purchase price and any delivery costs or, where sums are owed by you to us, the issue of a credit card account refund against return of the Products. If we require you to return the Products to us and they are defective we shall reimburse your reasonable postage cost of returning them. These remedies are subject to the following conditions:
1. the claim is made in writing to Shoemakers Online within three (3) months after Acceptance, or such other period as may be indicated by us for specific Products from time to time;
2. the Products or parts to which the claim relates are returned to Shoemakers Online within that period suitably packaged and carriage-paid and, where relevant, in accordance with any particular instructions that we may have notified to you at the time of supply. Returned Products or parts must be accompanied by an advice note stating the Identifying Number and the nature of any claimed defect, together with such further information as Shoemakers Online may at the time of supply have stipulated.
You shall make any queries regarding shortages of Products by reference to the Acceptance:
1. within seven (7) working days of the date of the Acceptance;
2. in writing; and
3. quoting the Identifying Number.
Queries regarding Products where we notify you of dispatch but they are not received by you must be made within seven (7) working days of the date of Acceptance, and the Identifying Number must be quoted. Without prejudice to the provisions under the headings "Passing of Risk and Property" and "Liability" and the force majeure provisions below, Shoemakers Online need not entertain any query made thereafter.
PASSING OF RISK AND PROPERTY
Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the courier or postal service as described under "Delivery" above.
RIGHT TO CANCEL AND RETURNS
If you are wishing to return Products because they are faulty please see the "Inspection, Delivery Delays and Non-Delivery" paragraph above. You may also return any Products within fourteen (14) days of receipt for whatever reason. Further details of your right to cancel are given in the e-mail confirming your order.
If we have not yet dispatched the Product, you may cancel your order by logging into your account on the website and accessing your order history. If the item is showing as 'awaiting dispatch' this means we have not dispatched your order and you may cancel it online.
If you are returning an item for whatever reason, please Click Here for our returns procedure and guidance on how to return the Products to us. We will then process your return and issue a refund or replacement as appropriate.
If you would like to return any Product which is not defective in accordance with this clause, please note that we will not refund any delivery costs paid by you as part of your initial order.
If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website, please contact our customer services team:
146-148 Balcombe Rd, Mentone VIC 3194.
Ph 03 9584 3870, Fax 03 9584 3881
Nothing in these Terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local Citizens Advice Bureau or refer to the Office of Fair Trading's website.
TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE
Information on the Website
Intellectual Property Rights
The Website, and all the text, information and graphic representations or images on it ("Content"), are owned by, Shoemakers Online. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Shoemakers Online.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. Without Shoemakers Online written consent, you may not use, transfer, copy or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
USING THE WEBSITE
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.
You agree not to:
* impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
* modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
* make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
* damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
* use the Website in any way to send unsolicited (commercial or otherwise) e-mail ("Spam") or any material for marketing or publicity purposes, or any similar abuse of either;
* publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
* make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms", or any other harmful software;
* falsify the true ownership of software or other material or information contained in a file made available via the Website;
* obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
NO UNLAWFUL OR PROHIBITED USE
You undertake to Shoemakers Online that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify Shoemakers Online, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
Our Use of Your Personal Details
Liability Disclaimer regarding Access to or Use of the Website
These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed "Liability" under the 'Terms and Conditions relating to sales of Products' above).
You agree that you use the Website entirely at your own risk.
In preparing this Website, Shoemakers Online has endeavored to offer current, correct and clearly expressed information. However, Shoemakers Online cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
Shoemakers Online makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Shoemakers Online expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.
Shoemakers Online does not accept any responsibility for any errors or inaccuracies in any advertising material.
Shoemakers Online shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if Shoemakers has been advised of the possibility of damage.
Shoemakers Online reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Shoemakers Online reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, Shoemakers Online can not guarantee that the Website is virus-free and secure.
Shoemakers Online shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Shoemakers Online does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
TERMINATION OF USE
Shoemakers Online may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
* there is a regulatory or statutory change limiting the ability to provide access to the Website;
* there is any event beyond the reasonable control of Shoemakers Online preventing Shoemakers Online from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
* Shoemakers Online considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.