Acceptance of Terms and Conditions
http://estiloemporio.com.au (this website) is owned and operated by Estilo Emporio Pty Ltd ACN 121 158 370 (referred to as we, our or us).
By entering this website, or purchasing goods using this website, you agree to the following Terms and Conditions, and other policies as provided. If you do not agree to these Terms and Conditions, you must exit this website.
Invitation to treat
By clicking I ACCEPT at the base of these Terms and Conditions this constitutes an offer by you to acquire the goods which you have selected by clicking ‘Add to Cart’ on the website, subject to these Terms and Conditions for the corresponding price specified alongside those goods. A contract for Estilo Emporio to supply the specified goods to you will only come into existence when we send you a confirmation email advising that the goods are available for supply to you at that price.
Right to vary
We may vary these Terms and Conditions from time to time without notice, in our absolute discretion. In addition, the goods made available for purchase through the website may be changed by us at any time, without notice, in our absolute discretion.
All changes made will be effective once posted on the website and your continued use of the website thereafter constitutes your acceptance of such changes.
You must not:
(a) use this website for any activities which breach any laws or regulations or infringe any third party rights;
(b) use the website for fraud or any misleading or deceptive conduct;
(c) use the personal information of another person in order to access or use the website; or
(d) tamper with, hinder the operation of or make unauthorised modifications to the website.
You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of this website.
All intellectual property in this website, including any information, content, software and tools forming part of or within this website, is vested in Estilo Emporio or our third party licensors.
We do not guarantee the security of this website. We do not warrant that access to the website will be uninterrupted or error free or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
Should you enter or leave this website via a third party link, you acknowledge that:
(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.
When purchasing from Estilo Emporio your financial details are passed through a secure server using 128 Bit Secure Sockets Layer (SSL) software, an industry standard encryption system.
Fees and charges
All amounts payable in respect of goods purchased through this website are payable by credit or debit card. Payment must be received by us in cleared funds before we will provide any goods to you.
If you purchase goods through this website, we will provide you with a receipt by electronic mail to the email address nominated by you during the purchase process in the e - way gateway exterior to the website.
All amounts payable to us are processed in AUD and inclusive of any goods and services tax (GST). Within the website prices are specified inclusive of GST. Upon proceeding to the shopping cart and into the external e way purchasing process, a break down of the price, the GST and the added postage and handling (shipping) costs is provided. You are responsible for the payment of all of the foregoing charges.
Delivery of goods
All postage both national and international is distributed by Australia Post. For deliveries within the Sydney metropolitan area, generally allow around 2 working days. For all interstate and national deliveries, generally allow around 2 – 5 working days. International post will generally require around 7 working days. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
Domestic shipping and handling charges within Australia cost $10.00 [excluding GST]
International delivery charges are as follows:
New Zealand - $29.95
Rest of the World - $49.95.
Deliveries can be made to both home and PO Box addresses. Deliveries must be signed for upon arrival. In the circumstance that no one is present to sign for the parcel on arrival at a home address, Australia Post will leave a calling card at which point responsibility will pass to the purchaser to collect the parcel at their own convenience from the local post office. The same calling card procedure applies for all PO Box addresses.
All delivery costs are included in the purchase price paid by you at the final stage of the purchase process in the e- way gateway external to the website.
All localised metropolitan deliveries will be made by postal truck whereas all interstate, national and international parcels will be transported by plane.
Risk and title
Our right, title and interest in any goods will not pass to you until our charges are paid in full. Risk in the goods passes to you on delivery.
Disclaimer and Limitation of Liability
Notwithstanding any other provision of these Terms and Conditions, if you breach these Terms and Conditions we are not bound to perform any of our obligations until the breach is remedied by you.
Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement:
(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these terms and conditions; and
(b) all implied conditions, warranties and rights excluded.
Where any condition, warranty or right is implied by law and cannot be excluded, to the extent permitted by law we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.
Please review this Policy carefully as it forms part of the terms and conditions of any purchases made with Estilo Emporio online. This Policy sets out your rights and obligations with respect to any returns and refunds, including important limitations and exclusions.
Please choose the goods you purchase carefully. We do NOT accept returns or refund money simply for changes of mind or a wrong decision by you.
If you would like to exercise any rights available to you under this Policy, please contact us by email with the subject title ‘return policy’ at firstname.lastname@example.org before posting any goods.
Exchange due to wrong size
We accept exchanges for size of merchandise within 7 days of receipt of such goods. All goods must be returned in a new and unused condition with all original tags and packaging. Footwear must be returned in their original and undamaged box with no postage labels as this is considered part of the goods. Please understand that any goods which we consider have been used, soiled or damaged will NOT be eligible for an exchange under this paragraph.
Please note that, except for the statutory conditions and warranties specified below, sale items are NOT eligible for return or exchange.
Returns by mail
If you have a right under this Policy to return any goods to us and you wish to return those goods by mail, please send the goods in a registered package to:
Estilo Emporio Pty Ltd
92-94 Norton Street
Leichhardt 2040 NSW
Please note shipping and handling charges are non-refundable.
Statutory conditions and warranties
Nothing in this Policy is intended to unlawfully limit or exclude any statutory conditions or warranties available to a consumer under Division 2 of Part V of the Trade Practices Act 1974 (Act). This includes the statutory conditions that apply in respect of sales to consumers of goods of a kind ordinarily acquired for personal, domestic or household use or consumption that the relevant goods will:
• be of merchantable quality;
• be fit for any specified intended purpose made known by the consumer to Estilo Emporio; and
• match the description given, or any sample shown, by Estilo Emporio to the consumer.
In such circumstances, a consumer will be entitled to a refund if the consumer returns the goods to Estilo Emporio, or notifies us of the problem, within a reasonable time after the consumer has had a reasonable opportunity to inspect the goods and cancels the contract of sale within that time and has not disposed of, lost or destroyed the goods.
To cancel a contract of sale pursuant to a right available in respect of a statutory condition which cannot be excluded, the consumer must also:
• have taken reasonable care of the goods;
• have not damaged the goods by using them in a way they were not meant to be used; and
• be able to prove they bought the goods from Estilo Emporio.
For any statutory conditions or warranties available under the Act in respect of which Estilo Emporio can lawfully limit its liability, to the extent permitted by law we limit our liability to any one or more of the following, as chosen by us:
(a) the replacement of the goods or the supply or equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
Extended warranty - Faulty goods
If you discover a fault in any goods and would like those goods repaired, and the fault is not the result of a breach of a statutory condition or warranty under the Act, please contact us by email with the subject title ‘faulty goods’ at email@example.com within 7 days of finding the fault. In respect of such faults, subject to the following paragraphs:
(a) we will repair, replace or credit the price of the goods in our discretion. This is dependent on the degree of the fault. The replacement of any goods will depend on stock availability; and
(b) we will accept the faulty goods within 6 months of purchase. Outside of this time frame, we will in our discretion endeavour to repair any faults, however a credit cannot be issued.
A fault will be present where goods are visibly faulty or have a quality defect. If you return goods to us that you claim are faulty, we will inspect the goods and advise you whether or not a fault exists and the party responsible for the fault. Please note that due to various tanning processes and as leather is a natural porous substance some bleeding may occur which is beyond our control. Although we take the utmost care in our selection of materials, this is not a fault within the terms of this extended warranty. Please note also that diamantes, studs and other adornments will be replaced or repaired but not credited.
When goods are returned to us, we will determine whether the complaint is due to either a fault in the goods or circumstances beyond our control that have contributed to the goods being damaged eg., wear and tear, accidents or treatments which are inconsistent with the recommended care of the goods. Dismantling or repair of goods by persons other than Estilo Emporio are not covered by the terms of this extended warranty.
For any defect, failure of hardware, components or workmanship that we consider is a manufacturing fault and in respect of which we are notified by you within 6 months of the sale of the relevant goods, these faults will be repaired free of charge. After the 6 month period it is up to our discretion whether to charge for repair. This extended warranty does not cover abuse, negligence or wear and tear of any goods.
For any defect, failure of hardware, components or workmanship that we consider is due to wear and tear, accidents or mistreatment, if you notify us of such fault within 6 months of the sale of the relevant goods it is at our discretion whether to undertake the repair and the charge for the repair.
In determining the party responsible for a fault and the application of this extended warranty, the following will be taken into account plus other additional criteria based on the nature of the relevant goods.
• Leather is a natural product which means that there will be some natural markings and irregularities, including, for example, scar tissue, slight colour variations and texture differences. These are the unique characteristics that differentiate leather from man made or synthetic products and these differences generally add to the authenticity of the product.
• Bags or belts made from snake skin have the tendency for occasional scales to fall off especially while being used.
• Bags or belts with feathers also have the tendency to fall out or become frazzled.
• Bags or belts with stones or diamantes have the tendency to become undone with wear. This is usually because the background finish that makes diamantes shine so brilliantly often comes away from the glass causing it to fall out. (We usually include extra diamantes with each item so it can be easily repaired by gluing the extra pieces back on.)
• Leather bags and belts are easily damaged by a myriad of products and the environment. Leather left in the sun will discolour. Water will change the texture and colour of leather products. Make up such as lipstick, creams, powders, etc will also damage leather products.
• It is recommended that all leather be protected with a type of scotch-guard before wearing and are stored in a cool dry place away from heat and wet.
Where we provide a refund under this Policy, the refund will be credited back to the card used for the original payment.
If you, the purchaser, have any concerns or inquiries about this Policy, please contact us at firstname.lastname@example.org or alternatively call us on 9564 2904. We will respond to your inquiry within a reasonable time.
If a party is in material breach of any of its obligations under these Terms and Conditions and does not rectify the breach after receiving 14 days notice in writing from the other party to do so, then the non-defaulting party may terminate these Terms and Conditions by giving written notice of the termination to the defaulting party, which will be effective immediately unless otherwise stated in the notice.
A party may terminate these Terms and Conditions at any time by giving written notice to the other party if such other party becomes subject to any form of insolvency, bankruptcy, receivership, administration or liquidation.
Should we be delayed, hindered, or otherwise prevented from complying with these Terms and Conditions by reason of events or circumstances beyond our reasonable control including but not limited to Acts of God, wars, riots, strikes, lockouts, trade disputes or labour disturbances, breakdown of plant or machinery, accident, storm, fire, flood, difficulties in obtaining materials, transport or labour or any other circumstances affecting the supply of any goods or services, then we are not liable to you for any loss or damage which may be suffered by you arising directly or indirectly from or in connection with any such occurrences.
The parties will use reasonable efforts to resolve any dispute which arises between them under these Terms and Conditions by mediation or any of the other recognised methods of alternative dispute resolution before commencing court proceedings to resolve that dispute. This clause does not prevent a party from seeking urgent interlocutory relief in connection with any dispute.
Applicable Law and Jurisdiction
Your use of the website http://estiloemporio.com.au is governed by the laws of New South Wales, Australia.
You irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of New South Wales in relation to these Terms and Conditions.
These Terms and Conditions record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Terms and Conditions.
If any part of these Terms and Conditions is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
Any failure or delay by us to exercise or enforce these Terms and Conditions does not waive our rights to enforce these Terms and Conditions.
If you have any concerns or inquiries about our Terms and Conditions contact us at email@example.com or alternatively call us on 9564 2904.
© Estilo Emporio Pty Ltd 2010. All rights reserved