Genuine Designer Wear - General Trading Terms
The following Terms and Conditions regulate the business relationship between you and us.
If you offer or accept our offer for any goods, our contract is in the terms set out below:
Genuine Designer Wear Pty Ltd
PO Box 1234,
North Richmond 3121
ABN: 84145500858Phone: (03) 9020 1076
Fax: (03) 9417 3716
You are: Our Customer
The Terms and Conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Order” means any goods that you as the customer have purchased and submitted as an order from this website.
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2 Our contract with you
2.1 We shall accept your order (by letter/phone/fax/e-mail/online transactions). Our written message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made.
2.2 Price are subject to change without notice.
2.3 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.4 If we do not have the Goods you order in stock, we may offer you alternatives before we dispatch your order. If this happens you may:
2.4.1 accept the alternatives we offer;
2.4.2 cancel your order;
2.4.3 leave the order valid, but tell us to omit the out-of-stock item; or
2.4.4. ‘back-order’ the Goods.
2.5 If we owe you money (for an order cancellation or any other reason), we will credit your credit/debit card/Paypal account as soon as reasonably practicable but in any event no later than 30 days from the date of your payment.
2.6 We are not experts about these designed goods. You may not rely on our expertise. As we are the reseller of the products only.
2.7 Goods are at your risk from the moment they are picked-up from our warehouse by the 3rd party postage carrier. Tracking codes are applied and can be requested by you from us at any time after we have shipped the order.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it, unless other arrangements in writing are made by us.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than AUS Dollars will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided that you contact us in writing within 30 days of purchase.
5.1 Shipment of your order will be subject to our processing times and will be usually leave the warehouse within 3 working days from our receipt of your payment for your order.
5.1a Actual delivery of your order is handled by a third (un-related) party and is beholden to their operational and delivery timeframe, therefore we have no control over the delivery time frame of your order once is has been despached from our warehouse.
5.1b All orders contain a tracking number registered with the apropriate post agent and must be signed for by the receipient. We will endeavour to supply you with your tracking code once your order has been despached, you may also email and request your tracking code.
5.1c These timeframes may vary slightly due to unforeseen circumstances and we reserve the right to vary this postage estimated timeframe.
5.2 We do guarantee that you will receive your items based on being able to track you parcel via your tracking code and availability of stock.
5.2a If your order cannont be supplied due to loss of parcel or out of stock items we will contact you to make arrangements for other item selections
5.2b If your parcel does not arrive please advise us as soon as possible. If your parcel is untrackable and we have sold out of the ordered items we will offer you an alternative to your original purchase or offer a refund where applicable and soley at the discretion of Genuine Designer Wear.
5.7 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept and sign for your delivery.
5.8 If we are not able to deliver your goods within 1 week of the date of your order, we shall notify you by e-mail or by other means (e.g. telephone) to arrange another date for delivery or change of purchased products.
5.9 We may deliver the goods in installments if the goods are not available at the same time for delivery, however we generally only advertise items for sale that are in stock at the time of purchase.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your state/province or country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment – by you - of import duties and taxes of any kind levied in your state/province or country of residence.
6.3 Sales prices are including GST
7 Goods returned
Because you are buying the Goods by mail order/via internet/direct representation, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply:
7.1 You must tell us in Writing/Email (only) that you wish to cancel your purchase within 7 days of your receipt of the Goods;
7.2 In any event, you may not cancel orders for underwear that has been opened.
7.3 The Goods must be returned to us within 7 days of your telling us you wish to cancel:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip/invoice copy;
7.3.4 and at your risk and cost.
7.4 After we have received the returned Goods, we will inspect the goods to make sure that the return policy has been conformed with and then we will upon a satisfactory decision credit your credit/debit card/Paypal account with the full purchase price of the goods returned, no later than 30 days from the date of our receipt of these returned Goods Excluding the cost of postage.
7.5 If you do not return the Goods to us, you are still liable to us for their full payment.
7.6 We are under no obligation to collect or recover Goods from you.
8.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Written Material may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods and Services for your purpose.
8.3.2 the truth of any information given in our Written Material;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
8.3.4 compliance with any law;
8.3.5 non-infringement of any right.
8.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site, Our other written literature, or through the purchase of Goods.
8.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
8.6 It is your responsibility to fully comply with any instructions provided to you with the Goods.
8.7 We take no legal responsibility for any damage caused to property, persons, or any other issues caused by the Goods or their improper use by you.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
10 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
15 Retention Of Title
15.1 All legal and beneficial rights of ownership, property and title to the Goods shall remain with us irrespective of you taking possession of the Goods or passing the Goods to any third party, and no such rights of ownership, property or title to the Goods shall pass to you or to any third party via you, unless and until you have paid for the Goods in full by cleared funds.
15.2 In addition, where at the time of paying for the Goods you are indebted to us in relation to other Goods (“the other Goods”), all legal and beneficial rights of ownership, property and title to the Goods shall remain with us irrespective of you taking possession of the Goods, and no such rights of ownership, property or title to Goods supplied by us shall pass to you, unless and until you have paid for the other Goods by cleared funds.
15.3 If you are a commercial purchaser from us then at any time after giving twenty-four hours notice to you, we shall be entitled to enter your premises during normal hours to inspect the Goods. The Goods shall be stored separately and in a manner to enable them to be identified and cross-referenced to particular invoices, and should you be a corporation, the directors of your corporation hereby expressly and personally warrant to us that the Goods shall be stored.
15.4 For commercial purchaser only: If payment for the goods is not made by you to us within seven days of the due date, then you shall deliver the Goods at your cost to us, on demand. In the event that you do not comply with the demand within twenty-four hours of its receipt, we are entitled without liability in trespass or otherwise to enter onto your premises at any time and do all such things necessary in order to take possession of and remove the Goods from your premises. In the event that you cannot prove that specific Goods relate to invoices for which we have already been paid, we are entitled to assume that all Goods on your premises supplied by us relate to invoices that are unpaid by you.
16 Governing Law
This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.