These Terms and Conditions constitute a contract between the client (you) and THIS WEBSITE .
Please read these Terms and Conditions carefully before placing your Order with us, as these Terms and Conditions contain important information about ordering, processing, fulfillment and delivery of products, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please email us through our Contact Us page and a representative will be happy to assist you.
The following definitions are used in these Terms and Conditions.
Business Days means a day of the week on which commercial banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered, as indicated on the Electronic Order form on the Website.
Delivery agent means any third party shipping or delivery company designated by THIS WEBSITE .
Delivery Fee means the fees charged by the Delivery Agent for the delivery of the Goods.
Goods means the items offered for sale, described or displayed on the Website.
Law means any written rule or set of rules, including, without limitation, any statute, regulation, order or rule, any governmental ordinance or statute, any rule, regulation or determination of a governmental agency, and any form of custom or policy recognized and executed by judicial decision.
Order means a request by you to purchase Goods from THIS WEBSITE in accordance with these Terms and Conditions.
Return Policy refers to the THIS WEBSITE Delivery and Returns section found on the Website.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website Terms means the terms and conditions that govern your use of the Website, in addition to these Terms and Conditions.
You or Your refers to you as the purchaser of Goods from THIS WEBSITE in accordance with these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Sneaker with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACE ORDERS FOR GOODS
3.1. You can place an order through the website by submitting the electronic order form on the website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price specified at the time you submit your Order. You may not withdraw that offer without our consent.
3.3. You acknowledge that all Orders through the Website are for Goods intended for personal and household use only and that quantity and non-commercial use restrictions may apply as set forth on the Website from time to time.
3.4. By completing the Electronic Order form, you agree to provide complete and accurate information about yourself (or your designated gift recipient) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfill your Order. Sneaker will not be liable to you for your loss or that of any third party for a delay or failure in the processing, performance or delivery of Goods to you (or your designated recipient) due to inaccurate or incomplete personal data provided in respect of an Order by your.
3.5. You agree to obtain the consent of the recipient of a gift by providing your personal data to THIS WEBSITE .
3.6. You can place orders at THIS WEBSITE if you are 18 years of age or older, have an active email account and a phone number where you can be easily contacted.
3.7. You must check your Order carefully before submitting it to us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order can only be made by agreement, unless otherwise required by law. However, we will allow you to return Products in accordance with the Delivery and Returns Policy.
3.8. An automatic order number will be provided to you when you submit your order to the website. The order number is required when contacting our Customer Service Center.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 THIS WEBSITE reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by THIS WEBSITE to supply you with the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of such rejection and the reason for the rejection by email within five (5) Business Days of placing the Order. THIS WEBSITE will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money you have paid us in respect of that Order and use reasonable endeavors to process the refund within five (5) Business Days. Receipt of your refund will depend on the length of time it takes for your financial institution to finalize the refund. THIS WEBSITE is not responsible with respect to any loss, damage, cost, expense or injury incurred by you or any third party as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provided during the Order process after we have made reasonable attempts to contact you, we will reject the Order in accordance with this clause. Four.
5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time some Products on the Website may be out of stock or unavailable and we may not be able to fulfill all or part of your Order. If this occurs, THIS WEBSITE will contact you within five (5) business days to arrange a full or partial refund. We will use reasonable efforts to process the refund within five (5) business days. Receipt of your refund will depend on the length of time it takes for your financial institution to finalize the refund. THIS WEBSITE is not responsible in respect of any loss that you or any third party may suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or discontinue the sale of any property displayed on the Website, either temporarily or permanently, at any time without notice. THIS WEBSITE will not be liable to you for any loss suffered by you or any third party as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of the Goods, an image, the Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, THIS WEBSITE will proceed to fulfill the rest of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us in accordance with the Delivery and Returns Policy.
5.4 You acknowledge and agree that:
all photographs and images of the Goods displayed on the website are for illustrative purposes only, and the sizes and dimensions of the Goods may differ in real life; you have read any applicable written description of the Goods before submitting your Order; the color of the Products displayed on the Website may vary slightly in shade in real life; where we provide size or other measurements in descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose before submitting your Order; and any accessories presented with the Goods are for illustrative purposes only.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all prices quoted are in Australian dollars and, where applicable, include Goods and Services Tax (GST). All fees and charges (for example, shipping fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 THIS WEBSITE reserves the right to change or modify the Prices of the Goods on the Website without prior notice, unless you have already submitted an Order at a stipulated Price, in which case there will be no changes or alterations in the price (provided that your Order is not affected by a pricing error, in which case the procedure in clause 5.3) will apply.
6.4 In respect of any Order, we will charge you and you agree to pay:
the Price (which is the Price at the time the Order is submitted); and the shipping fee (if applicable). 6.5 You may pay for your Goods by any of the methods specified in the electronic order form on the Website, including but not limited to credit card, V.me by Visa or Pay Pal. By paying by credit card, you authorize THIS WEBSITE to debit your designated card at the time you submit your Order. The name of the credit card used for payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by THIS WEBSITE before the Goods that are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problems related to the use of your credit card, or use an alternative payment method to proceed with your Order.
6.7 By paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or breached any Law.
6.8 You will receive a Tax Invoice by email once payment in respect of your Order has been processed.
6.9 THIS WEBSITE uses an encrypted payment gateway and a security certificate to secure payments. While we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 THIS WEBSITE uses Delivery Agents to deliver its Products. You agree that your details, including your Delivery Address, may be provided to the Delivery Agent for the purpose of delivering your Products.
7.2 You should refer to the Delivery and Returns section of the Website for the Delivery Fee applicable to the Goods.
7.3 Indicative delivery times are set out in the Delivery and Returns section of the Website.
7.4 You acknowledge and agree that, notwithstanding anything else stated on the Website:
THIS WEBSITE cannot guarantee that the delivery will take place within the indicated delivery times; delivery times may change from time to time due to unforeseen circumstances; and except where required by applicable law, THIS WEBSITE is not responsible with respect to any loss, damage, cost, expense or injury suffered by you or any third party as a result of a change in delivery times or a delay in delivery. 7.5 Delivery of the Goods will be made to the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods when you require multiple delivery destinations.
7.6 If we are unable to deliver your Products to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to deliver.
7.7 Where you do not collect your Products from the post office within 10 working days of a failed delivery, you should contact our Customer Services or email us for further information regarding the claim on your Order. If the Goods need to be re-delivered, you may be required to pay the associated re-delivery fees.
7.8 At the time of delivery, you must inspect your Goods and verify that the Goods delivered match your Order. If the Goods are not as ordered, you may return the Goods to us in accordance with the Delivery and Returns Policy. If Products are missing from your Order, you can call our Customer Service Center or return the Order in accordance with the Delivery and Returns Policy. You must notify us of any damaged, missing or incorrect Goods as soon as possible. All Goods replaced under Delivery and Returns due to being faulty, damaged or incorrect will be delivered to you free of charge.
7.9 If you are not at home at the time of delivery, the Post Office will leave you in a safe place if one is available. THIS WEBSITE is not responsible for cases of theft.
8. RISK AND TITLE
Risk and title to the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. CANCELLATIONS AND RETURNS OF ORDERS
9.1. Except as provided in these Terms and Conditions, no cancellations or changes to Orders will be accepted, and Products will be delivered to the Delivery Address indicated in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is correct before submitting it to us. However, you may return the Goods in accordance with the Delivery and Returns Policy.
9.2. Goods may only be returned under these Terms and Conditions (in particular this clause 9) and in accordance with the Delivery and Returns Policy. The Delivery and Returns Policy forms part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable efforts to process your refund within five (5) business days. Receipt of your refund will depend on the length of time it takes for your financial institution to finalize the refund. THIS WEBSITE is not responsible in respect of any loss that you or any third party may suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds are processed on the same card on which the original payment was made to minimize the possibility of fraudulent card activity. THIS WEBSITE must comply with all card scheme rules in order to accept these types of cards and as such all your refunds will be credited to the card you named in your Order.
10. PROMOTIONS AND DISCOUNTS
You may receive online offers and promotions that include a promotional or coupon code (Code) to use when you shop at THIS WEBSITE . It is your responsibility to ensure that the Code is valid and that you enter the Code at the time of your online purchase. We cannot apply the Code retroactively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read them carefully to ensure they apply to your purchase from THIS WEBSITE . Any Code is non-transferable and may not be used in conjunction with any other offer.
11. GUARANTEES THAT YOU OFFER TO THIS WEBSITE
You declare and guarantee to THIS WEBSITE that:
All information (including Personal Information) and data you provided to us through the Website is true, accurate, complete and up-to-date, and (where applicable) you have obtained the consent of your designated gift recipient to provide your Personal Information to THIS WEBSITE ; (b) any designated representative receiving the Goods on your behalf at the Delivery Address is duly authorized by you to do so; you are over 17 years old; (d) by placing your Order, you have read and agree to these Terms and Conditions; and (e) in placing your Order, you complied with all Laws.
12 THIS WEBSITE ' RESPONSIBILITY TOWARDS YOU
12.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including consequential losses such as loss of income ). , profits, anticipated savings, goodwill or business opportunity, damage to your reputation) in contract, tort, statute or otherwise, however caused, including arising directly or indirectly out of or in connection with any transaction ( actual or contemplated) made or attempted to be made through our website.
12.2 Subject to any rights you may have under any consumer protection law that cannot be excluded, THIS WEBSITE excludes all implied terms and warranties, statutory or otherwise, relating to our website or the subject matter of these Terms. and conditions. You have certain rights under consumer protection law that cannot be excluded.
12.3 Our liability to you for loss or damage of any kind arising from these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
1 3 .1 THIS WEBSITE reserves the right, at its discretion, to terminate your access to and use of the website:
for convenience, at any time, upon notice to you; immediately: if MizunoColombia reasonably believes that you have breached these Terms and Conditions, and that breach cannot be remedied; or if you have been notified of the breach and you have not cured the breach within 14 days (when the breach is curable).
1 4.1 THIS WEBSITE reserves the right at any time to make changes to these Terms and Conditions. Any variation to these Terms and Conditions will be effective upon posting on the Website. The Terms and Conditions that apply at the time of the Order are those that govern your relationship with THIS WEBSITE with respect to that Order.
14.2 THIS WEBSITE can notify you by email. You can give notice to THIS WEBSITE by email to our Customer Service Center through the Contact section of this website.
14.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of these Terms and Conditions or affect the validity or enforceability of that provision in any other jurisdiction.
14.4 The failure of Sneaker to exercise any power or right under these Terms and Conditions or delay in doing so does not constitute a waiver of such power or right, and the exercise of a power or right by Sneaker it does not prevent your future exercise or the exercise of any power or right.