GENERAL TERMS AND CONDITIONS FOR CONSUMERS
These General Terms and Conditions (together with any documents to which they refer) set out the terms on which you may use this Website and purchase any of the Products offered for sale on this Website. Please read these General Terms and Conditions (and any documents to which they refer) carefully before ordering any Products from this Website. By ordering any such Products, you agree to be bound by these General Terms and Conditions (and any documents to which they refer).
These General Terms and Conditions were last updated on : 16 July 2012
In these General Terms and Conditions, the following definitions apply:
Seller: G-Star Concept Stores Operated by Denim Enterprises (AU) Ltd ABN 57 769
845 822, 3 Bond Street, South Yarra, Melbourne, Victoria 3141
Buyer: a natural person using this Website including, without limitation, to purchase Products.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products.
Product: a G-Star product that the Seller offers for sale on the Website.
Purchase Price: the total purchase price in respect of Product(s) ordered from the Website, comprising the price indicated on the Website for each Product ordered, including Goods and Services Tax (GST), and the shipping costs.
Agreement: These General Terms and Conditions together with your Order (once accepted).
Australian Consumer Law or ACL means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of state or territory legislation.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions that have been made available online by the Seller : http://shop.g-star.com/ govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including without limitation the purchase and sale of a Product on or via the Website.
The Buyer warrants that he or she is:
· 18 years of age or older; and
· purchasing the Products for personal use and not for resale.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
An Agreement will be entered into between the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order from the Buyer that has been placed on or via the Website in the following manner:
· The Buyer has selected a Product in the desired style, colour and size, where applicable, and has added the Product to the shopping cart.
· The Buyer has followed and completed the following steps:
1. The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
2. The Buyer has checked the order.
3. The Buyer has selected the payment method desired and has made a full or partial advance payment as required.
· The Order has been placed.
The Buyer will receive an automatic confirmation (via the Website) that the Order has been placed.
You may place an Order using the above method . By placing an Order, You make an offer to Us to purchase the Products You have selected subject to these General Terms and Conditions. We may or may not accept Your offer at our discretion. If We accept Your Order, We will notify You of our acceptance by issuing an Order Confirmation.
The Seller will be entitled to decline an Order placed by the Buyer for any reason in the Seller’s sole discretion, including, without limitation:
· If the total value of the Order is above $2,500.00.
· If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to believe that is the case.
· If the Buyer’s payment is not received within the agreed term.
· If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
· If the Buyer in the past has failed to accept and/or collect any Products(s) that he/she has ordered from the Seller.
· If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
· If the delivery address desired is not located in Australia.
· If the Seller suspects the Buyer is purchasing Products for resale.
The Seller will notify the Buyer as quickly as possible if an Order is not accepted and will refund any sums paid by the Buyer to the Seller in respect of any Product(s) for which the Buyer has paid under such Order.
This Agreement states all of the express terms of the agreement between Seller and Buyer in respect of its subject matter. It supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter. This clause does not exclude any rights the Buyer may have under the Australian Consumer Law.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
Shipment of all Products will be made using a carrier designated by the Seller.
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days of the date of the Confirmation email, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price.
The Seller will make reasonable efforts to make delivery in accordance with the delivery dates communicated to the Buyer. However, Seller cannot guarantee delivery dates as the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.
The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to cancel the Agreement free of charge until the time at which the Order is shipped.
The risk with respect to any damage to or loss of any Product(s) will be transferred to the Buyer as from the time at which such Product(s) are delivered.
ARTICLE 4. PRICE AND PAYMENT
The prices indicated on the Website are denominated in Australian currency, are inclusive of (tax) GST and are exclusive of shipping costs. The shipping costs, if applicable, will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated both before the Order is placed and when the Agreement is confirmed.
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Confirmation email is sent will be deemed to be the prices that form part of the Agreement.
Payment may be made using the methods indicated on the Website.
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
It is always possible that a Product may be listed on the Website with an incorrect price and that an Agreement will be entered into with respect to such a Product, in which case:
· If the correct price of such a Product is lower than the price stated on the Website, the Seller will charge the correct price and dispatch the Product.
· If the correct price of such a Product is higher than the price stated on the Website, the Seller will not accept the Buyer's Order. The Seller is under no obligation to provide the Product to the Buyer at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as an error.
ARTICLE 5. RIGHT TO RETURN
The Buyer may return any Product that has been delivered, free of charge, within a term of thirty (30) days after the Product has been received, without stating his/her reason for doing so, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website. Seller will refund the purchase price to the credit card that was used to make the original payment. This does not affect any statutory rights the Buyer may have under the Australian Consumer Law.
ARTICLE 6. FORCE MAJEURE
Except in respect of a payment obligation, neither the Seller nor the Buyer shall be liable for any delay or failure to perform their respective obligations under the Agreement if such delay or failure is due to a circumstance beyond their reasonable control, such as - but not restricted to - war, threat of war, civil war, acts of terrorism, riots, a day of national mourning announced by the government, strikes or other industrial disputes, technical difficulties, failure or delays in communications networks or a power failure, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or, in the case of the Seller, the bankruptcy of third parties engaged by the Seller, a failure, delay or interruption on the part of the Seller’s suppliers or other third parties in the supply of goods and/or services, including, without limitation, water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages (an “event of force majeure”).
If a delay or failure of the Seller or the Buyer to perform their obligations (not including a payment obligation) under an Agreement is caused due to an event of force majeure and continues for more than 30 days, the party not affected by the event of force majeure may cancel the Agreement on providing notice in writing to the party affected by the event of force majeure.
ARTICLE 7. INTELLECTUAL PROPERTY RIGHTS
Any and all copyright, trade marks, product names, logos, models, designs and other intellectual property rights of any kind (“IP Rights”) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
The Seller refers the Buyer to the disclaimer with regard to the intellectual property rights in respect of the Website [link].
ARTICLE 8. RETENTION OF TITLE
The Seller will retain the title in respect of any Products to be delivered until the Buyer has performed all obligations (including, without limitation, payment obligations) that the Buyer owes/has in respect of such Products that have been or that will be delivered in accordance with the applicable Agreement.
ARTICLE 9. GUARANTEE AND LIABILITY
With the exception of any right or guarantee Seller may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded, Seller excludes:
· any term, condition or warranty that may otherwise be implied by custom, law or statute;
· any liability for loss caused by the negligence of Seller; and
· any liability for any loss or damage suffered by Buyer or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity Consequential Loss.
ARTICLE 10. APPLICABLE LAW
This Agreement will be governed by the law of Victoria, Australia. Both Buyer and Seller irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.
ARTICLE 11. INVALID PROVISIONS
In the event that any provision contained in the Agreement is invalid:
· the remaining provisions contained in the Agreement will nonetheless remain in effect; and
· the invalid provision will, if possible, be amended to the minimum extent necessary to make it valid while retaining its intended meaning.
ARTICLE 12. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website or ordering any Product(s).
ARTICLE 13. WAIVER
If the Buyer breaches the Agreement and the Seller takes no action, the Seller will still be entitled to enforce its rights against the Buyer in relation to that breach and to use its rights and remedies in any other situation where the Buyer breaches the Agreement.
ARTICLE 14. ASSIGNMENT
The Agreement is personal to the Buyer and entered into by the Buyer for his/her own benefit and not for the benefit of any third party. Except as otherwise set forth in the Agreement, the Buyer may not assign, sub-license or otherwise transfer to any other person any or all of his/her rights and obligations under the Agreement.