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Terms and Conditions


Sharp Closet - Website Terms of Use

Definitions

  1. In the website:

"Consumer Guarantee" means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) and any relevant State or Territory Fair Trading legislation to goods and services purchases by consumers.

"linked websites" means other persons or entities websites other than ours which are hyperlinked from the website.

"personal information" means any information about you from which your identity is apparent or can reasonably be ascertained.

"website" means the whole or any part of the web pages located at www.sharpcloset.com.au  and includes the lay-out of the website, elements of the website design, text, sounds, graphics, animated elements or any other content of the website or underlying code elements of the website.

"we", "our" or "us" means Daeva Peri Pty Ltd (ACN 600 516 916) trading as Sharp Closet. You can contact us at info@sharpcloset.com.au.

Terms of Use

  1. This website is owned and operated by Daeva Peri Pty Ltd (ACN 600 516 916) trading as Sharp Closet.
  2. Use of this website is subject to these Terms of Use. Your use of and continued access to this website constitutes your agreement to these Terms of Use. Before accessing the website, you must carefully read these Terms.

Your Information

  1. You must ensure that all information provided by you in making use of this website is and remains accurate and complete.


Orders

  1. We may, at our sole discretion, accept or reject your order for any reason, including, without limitation, the unavailability of goods, an error in the price or the goods description posted on this website, or an error in your order.
  2. We may also cancel your order if you provide incorrect or insufficient information in relation to your credit card details (including number, expiration date or card security value, if required), billing information, shipping address or any other relevant information on which we rely.

    Prices and Goods Descriptions
  3. We take a great deal of care to provide goods prices and descriptions on the website that are as correct and up to date as possible, however we cannot guarantee the accuracy of all information posted.  Prices may be subject to change due to circumstances beyond our control and typographical errors may occur. Prices online may vary due to special promotions, or mark downs.
  4. We do our best to ensure that details and images of our goods on the website are reproduced as accurately as possible, however there may be subtle colour variations between the actual goods and the website.
  5. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
  6. We are not liable to you or anyone else for any loss or damage in connection with use of this website or a linked website.

Warranties and Replacements

  1. The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.
  2. To the fullest extent permitted by law, our liability for breach of any Consumer Guarantee, which cannot be excluded, is limited to the following:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the cost of the replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired.
  3. You must take your own measurements carefully and select your size. Our sizing charts are comprehensive and any refund or a replacement due to sizing issues will be at our sole discretion.
  4. You must inspect the goods carefully prior to wearing the goods or removing the tags and notify us in writing within 14 days of receipt of the goods of any defects or damage. Where there has been damage to the packaging you must provide us with photographic evidence and provide all reasonable assistance in any claim we may make against the delivery company. Any refund or replacement for defect or damage which occurs after you wear the goods or remove the tags will be at our sole discretion.

Copyright

  1. This website is our copyright property.
  2. You are provided with access to it only for your personal and non-commercial use.
  3. You may not, in any manner or by any means:
    • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create similar works from any part of this website; or
    • commercialise any information, goods obtained from any part of this website without our written permission.

Trade Marks

  1. The materials displayed on this website, including without limitation all information, text, graphics, names, logos, trade marks, design, software and advertisements are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on this website.
  2. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website. All other use, copying or reproduction of any part of this website is prohibited. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trade mark displayed on the website without the written permission of the owner of the trade mark.

Linked Websites

  1. This website may contain links to linked websites. Those links are provided for convenience only and may not be current.
  2. We are not responsible for the content of any such sites or any hyperlink contained on such sites. You agree to any terms of access or use imposed by those linked sites. You link to any such website at your own risk.
  3. We do not endorse any material on any linked sites and do not provide any warranty, or assume any liability, regarding the quality, accuracy, fitness for purpose or any other feature of the material on any linked sites. The linked websites are not under our control and we are not responsible for the contents of any linked website.

Cookies

  1. When you visit the website or purchase any goods from us, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the website. Persistent cookies can be removed by following your web browser help file directions.
  2. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the website and our services may not function properly if the ability to accept cookies is disabled. We use cookies to enhance the functionality of the website, provide personalised features and to generally improve the website and our services. We do not share or sell any information collected by the cookies.

Emails Web Beacons and Tags

  1. We may send you emails confirming details of your order when you purchase goods including marketing material. You can unsubscribe from all marketing emails by clicking on the link in the relevant email. When you unsubscribe from marketing emails we will retain you on our database unless you request to be removed.
  2. We also track website activity by using clear electronic images called Web beacons on our web pages. These images count the number of users who visit that page from particular banner ads outside the website or through e-mail hyperlinks.
  3. Also, an image, called a Tag, is used on our website purchasing and shopping cart pages. The Tag collects numeric information, such as the amount you spend in a particular online purchase, to help us gather data about the usage of the website. The Tags we use cannot collect personally identifiable information.

Viruses

  1. We do not represent or warrant that any data obtained from or through the websiteor any website are free from computer viruses or other defects. Any such data is provided on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your use of the data.
  2. Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.

Indemnity

  1. You agree to indemnify and hold us harmless, together with our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs) arising from:
    • your use of and access to the website;
    • your purchase of any goods;
    • your breach of any term of these Terms of Use;
    • your violation of any third party right, including without limitation any copyright, intellectual property or privacy right. This indemnity will survive these Terms of Use and your use of the website.

General

  1. We are not liable to you or any other for any loss or damage in connection with the use of this website or a linked website.
  2. We may amend the Terms of Use at any time. As you are bound by these Terms of Use, you should periodically refer to them.
  3. The Terms of Use are effective until terminated by us and we may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.
  4. These Terms of Use are governed by the laws of Western Australia, Australia and you submit to the non-exclusive jurisdiction of the courts of Western Australia.
  5. Nothing contained in these Terms of Use diminishes our obligation to comply with legal requirements relating to your use of the website or information provided to or received by us relating to that use.

 

Privacy Policy

We recognise the importance of protecting your personal information ("Personal Information"). We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

The Privacy Policy relates to the collection and use of Personal Information you may supply to us through your conduct on the website.

By using the website, you consent and agree to the Privacy Policy of Daeva Peri Pty Ltd (ACN 600 516 916) trading as Sharp Closet as follows.

We reserve the right, at our discretion, to modify or remove portions of this Privacy Policy from time to time. You should review this Privacy Policy periodically to ensure you are updated on any changes to the policy.

  1. What Personal Information do we collect?

In the course of your using of the website, we may collect your Personal Information such as your name, date of birth, address, email address, sex, contact details, sizing details, and credit payment details for any goods you purchase from us.

We may also collect the following information for marketing purposes and to improve the functionality of the website:

  • your server address;
  • domain name;
  • the date and time of your visit to the website;
  • the pages viewed and information downloaded;
  • the previous sites visited; and
  • the type of browser used.
  1. How do we collect your Personal Information?

We may collect your Personal Information using various means such as:

  • directly from you e.g. through the website, membership or application forms;
  • from public domain e.g. your business website;
  • from social media networks where we have a connection e.g. facebook, LinkedIn, Twitter;
  • from your business partners/associates;
  • by your usage of the website e.g. the pages that you visit, what links you click.
  1. How do we use your Personal Information?

We may use your Personal Information for the following purposes:

  • to provide goods to you
  • to send information updates, marketing materials and newsletters to you
  • we may disclose your Personal Information to other businesses who assist us in providing goods or who perform functions on our behalf
  • to verify your identity and membership status
  • to conduct credit checks (if necessary)
  • to improve our goods and services, our website and directory 

 

  1. To whom do we disclose your Personal Information?

We may disclose your Personal Information to third parties but only on a needs basis and for purposes contemplated by your use of the website. These third parties may include:

  • our agents or contractors;
  • email marketing providers such as MailChimp;
  • our related entities;
  • our professional advisers.

When we disclose your Personal Information with a third party, we will require the third party to handle your Personal Information in accordance this policy.

  1. Security

We strive to ensure the security of your Personal Information and we take reasonable steps to protect your Personal Information from:

  1. from misuse, interference and loss; and
  2. from unauthorised access, modification or disclosure.

We will review and update our physical and data security measures in light of current technologies. Unfortunately, no data transmission over mobile data and communication services can be guaranteed to be totally secure.

In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality of any Personal Information held by us.

We will do everything reasonably within our power and control to prevent unauthorised use or disclosure of your Personal Information. However, we will not be held responsible for events arising from any unauthorised use or access to your Personal Information.

  1. Accuracy of your Personal Information

We will take reasonable steps to ensure that your Personal Information that we collect, use or disclose is accurate, complete and up-to-date. However, the accuracy of the information held by us largely depends on the accuracy of the information that you supplied to us. If at any time you discover that any information concerning you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us to correct the information.

  1. Marketing

From time to time, we may send emails containing marketing materials or promotions of our goods to you. By your use of the website, you consent to us doing so. However, you may unsubscribe from these marketing materials at any time by clicking on the unsubscribe option or by sending an email to us. We will remove you from the mailing list. 

  1. Access to your Personal Information and Complaints

Your privacy is very important to us and we take the matter very seriously. If you have any concerns about your privacy or how your Personal Information is being handled, please contact us at the email address above

We will take steps to address your concerns and we aim to provide you with a written response within 21 days (and in any event within 30 days). If you have a genuine reason to access your Personal Information held by us, we will give access to the information in the manner you requested, if it is reasonable and practicable to do so.

 


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