1 Formation of Agreement
By visiting SuitsMe.com.au or any affiliated websites (collectively, the “Website”) and/or the order and purchase of product(s) and service(s) (collectively the “Services”) from SuitsMe by LanzEvan™ ABN 31 255 028 621 (“SMbLE”), you engage in SMbLE’s service and agree to be bound by the following terms and conditions including conditions and policies referenced herein and/or available by hyperlink or elsewhere on the Website (“Terms”).
2 Personal Information and Privacy
2.1 The Privacy Policy available on the Website (“Privacy Policy”) forms part of the Terms, and its provisions regarding Personal Information apply to the Services offered.
2.2 By providing Personal Information, you consent to its collection and use as detailed in the Privacy Policy.
3 Details of Order
3.1 It is your sole responsibility to ensure that all details with respect to your order are correct.
3.2 SMbLE will not be responsible, under any circumstances, for any loss or claim arising as a result of your error in completing the details of your order in a correct and accurate manner.
3.3 You acknowledge that you have been made adequately aware of all costs associated with your order and the Services and have received a complete description of work to be undertaken to provide the Services.
4 Variation and Cancellation of Order by You
4.1 You may request variations to your order after it has been placed, and if SMbLE agree to accept that variation, you will be required to pay for any such variations.
4.2 Once your order is placed, you may cancel it. A cancellation fee will apply including at least all monies paid at the date of cancellation. Monies paid by you cannot, and will not, be refunded to you in order to cover costs incurred by SMbLE in organising the Services. Where SMbLE incurs charges relating to your cancelled order that are in excess of monies you have already paid, you agree to pay any additional charges within seven days of an invoice or request for payment by SMbLE. SMbLE will not be liable to you for any loss or claim arising as a result of the cancellation of your order.
5 Cancellation of Order by SMbLE
5.1 SMbLE reserves the right to cancel your order at any time.
5.2 In the event that SMbLE cancel your order after you have paid, SMbLE will refund the monies you have paid within a reasonable period of time in accordance with your original payment method (unless otherwise agreed). SMbLE will not be liable to you for any loss or claim arising as a result of the cancellation of your order.
6 Variation by SMbLE
6.1 Your order may need to be varied by SMbLE for various reasons, including but not limited to, where elements of the ordered materials are out of stock or unavailable, due to errors or omissions, or for other reasons. SMbLE will notify you if this occurs.
6.2 Where SMbLE incurs charges relating to your varied order that are in excess of the original quotation, you agree to these charges, and will pay any additional charges within seven days of an invoice or request for payment by SMbLE, and agree that product will not be supplied until payment has been received in full.
6.3 SMbLE will not be liable to you for any loss or claim arising as a result of such variation of your order.
7 Order Times
7.1 SMbLE will notify you when product and Services will be ready for delivery (if SMbLE have agreed to deliver) or for collection in person.
7.2 SMbLE do not guarantee that SMbLE will meet any requested time frame for delivery and/or collection and will not be liable for any loss or claim arising as a result of any delays in that respect.
8 Price
You acknowledge and agree that you have been made aware of, and have agreed to, the total payable for Services ordered. Services are payable in Australian Dollars and, unless otherwise stated, are inclusive of GST, duty and delivery fees (“Price”).
9 Payment and Completion of Order
9.1 Until such time that you pay the Price in full to SMbLE’s satisfaction, SMbLE are under no obligation to provide or deliver product or Services to you.
9.2 You must pay for your order by way of credit card, cash, direct deposit or any other payment method utilised or allowed by SMbLE.
9.3 You agree to provide SMbLE with any information and to undertake any necessary action that is reasonably necessary to authorise SMbLE or a third party payment provider to process payment for the order, including authorising SMbLE to automatically debit any credit or debit card that SMbLE have retained on SMbLE records.
9.4 In the event that SMbLE cannot successfully process the payment of the Price, SMbLE will notify you and will attempt to process such payment until the Price is processed in full. If the payment cannot be processed in one transaction, SMbLE are authorised to process the payment in multiple transactions until the Price is paid in full.
9.5 SMbLE will confirm with you when payment of the Price has been processed and the order is complete by sending you an invoice and/or receipt.
9.6 In the event that the invoice SMbLE sends you is incorrect in any way, you must notify SMbLE of those errors within seven days of receipt of the invoice, otherwise the invoice will be deemed to be true and correct in all respects.
9.7 You must not, under any circumstances, charge back any payment or part payment of the Price with any third party payment processor without SMbLE’s specific consent.
9.8 In the event that you charge back any payment of the Price with any third party payment processor without SMbLE’s consent, you will be in breach of the Terms. You agree that the Price will be outstanding and SMbLE may assert its rights under these Terms to recover the Price (including interest and legal enforcement costs) from you.
10 Delivery
10.1 If SMbLE agree to deliver product and Services to you, SMbLE will, through its nominated carriers and couriers, procure despatch of the product and Services.
10.2 SMbLE do not accept any responsibility or liability for any loss or claim arising as a result of any damage to or loss of product or Services during transit, product or Services being stolen after being delivered to your nominated delivery address (or any local depot or post office should you not be present at the address to receive the product or Services when delivered) or any delay in the delivery of Services.
11 Risk and Title
Risk in Services passes to you upon being collected by you or your nominated person or agent, or if being delivered to you, upon it being collected by SMbLE’s nominated carrier/courier from SMbLE.
12 Returns, Exchanges and Refunds
12.1 SMbLE Services come with guarantees and rights that cannot be excluded under the Australian Consumer Law. These include, but are not limited to, the following:
- Entitlement to a replacement or refund for a major failure or any other reasonably foreseeable loss or damage.
- Entitlement to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
12.2 Please note that SMbLE do not issue a refund or replacement if you change your mind about your order or if you cancel it as SMbLE incur non-refundable costs as soon as you place the order.
12.3 SMbLE will not under any circumstances issue any full or partial refund for Services which have been damaged or lost in transit. Please see the section headed ‘Delivery’ in these Terms for further information.
12.4 SMbLE will not, under any circumstances, issue a refund or replace product or Services if you have:
- failed to use, maintain or care for products in accordance with SMbLE instructions (if any);
- failed to store products in a suitable environment;
- deliberately caused damage to products; or
- misused products.
13 Limitation of Liability
13.1 Nothing in these Terms will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these Terms by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these Terms void or unenforceable.
13.2 With respect to the products and the order you agree that you are liable for and indemnify SMbLE in respect of any damage, loss, cost or expense (whether direct or indirect); any breach or alleged breach of any of your representations, warranties or obligations contained in these Terms and/or other claim brought against SMbLE by a third party that SMbLE may suffer or incur as a result or in connection with your acts or omissions.
13.3 To the full extent permitted by law, SMbLE’s liability to you for a breach of any non-excludable warranty, condition or guarantee is limited to the Price.
13.4 To the full extent permitted by law, SMbLE will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not SMbLE had knowledge that such losses might be incurred.
14 Termination
14.1 Without limiting SMbLE’s rights at law, if you do not comply with the Terms then SMbLE may:
- suspend or cancel your order until SMbLE are satisfied that you will comply with the Terms in full; or
- cancel your order.
14.2 If your order is cancelled, you will not be entitled to a refund of the Price.
14.3 Please see the section headed ‘Cancellation of Order by SMbLE’ in these Terms for further information.
15 General Provisions
15.1 SMbLE will not be liable for any delay or non-compliance with any of its obligations to you for any events arising out of circumstances beyond SMbLE’s control. During such events, SMbLE’s obligations are suspended for the period that the event remains in effect.
15.2 These Terms constitute the entire agreement between you and SMbLE with respect to your order of Services and supersede all prior agreements between you and SMbLE.
15.3 Failure on SMbLE’s part to enforce any provision of these Terms is not to be construed as a waiver of any provision or right.
15.4 These Terms are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.
15.5 If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
15.6 SMbLE may assign or novate any or all of its rights and obligations under these Terms at any time without your consent.