TERMS AND CONDITIONS
Updated: 29/11/22
C.DESIGN Exclusive Swimwear (we, our, us) owns and operates this website: www.cdesign.au (Website). If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions (Terms and Conditions). Please read them and our Privacy Policy and Refund Policy to understand our relationship in using our Website.
Our services, including but not limited to the registration of an account with us or placing of an order for our products, is not intended to be used by users under the age of 18. If you are under 18, any use of our Website must be with the involvement of a parent or guardian. By accessing or using our Website you warrant and represent to us that you have read, understand and agree to be bound by these Terms and Conditions, that you are 18 years of age and have the right, authority and legal capacity to enter into a legally binding agreement. We reserve the right to exclude and deny any person access to our Website in our sole discretion.
AMENDMENT OF TERMS
We reserve the right to modify, add, remove, or change any and all parts of these Terms and Conditions at any time. Amendments will be effective immediately upon publication. Your continued use of the Website following such publication will represent an agreement by you to be bound by the Terms and Conditions as amended. Whilst we endeavour to notify you of changes to the Terms and Conditions, it is your responsibility to keep up to date with them. You should check the Terms and Conditions regularly to ensure you are aware of any changes.
We also reserved the right to amend any errors, including any pricing errors, at any time without notice.
USE OF SERVICES
You agree that you are responsible for your access to our Website and our services and for ensuring that any persons that may access our Website through your internet connection are aware of and compliant with, these Terms and Conditions.
You warrant and represent to us that your use of the Website and our services will comply with all applicable laws and regulations in Australia, in your state and country, in the location that you access our Website and services and otherwise where applicable, and that you will not use our Website and services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
Products
Whilst we have made every attempt to show textures, appearances, and colours of our products as accurately as possible, product images may vary from the delivered products depending on your monitor, settings, and computer equipment. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description of products before making a purchase.
If any of our products are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such product and you consent to us contacting you and you agree to inform any end-user of the products, including any gift recipient, of any recall applicable to such products.
We reserve the right to vary, amend, add, or remove payment methods, prices, or products we offer from time to time and at our sole discretion, without notice to you. We also reserve the right to provide specific terms and conditions related to the sale of particular products at our sole discretion, any such changes will not affect orders submitted before the change is made.
Prohibitions
You must not misuse our Website and services and agree you will not: (a) commit or encourage a criminal offense;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of our services; corrupt data; cause annoyance to other users; (d) infringe upon the rights of any other person’s proprietary rights;
(e) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(f) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; or
(g) use our Website and services other than for their intended purpose.
Breaching this provision may constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Accounts
To access and use our Website and services you may be required to register for a user account. You agree that you are solely responsible for maintaining the confidentiality of your user account details. Any personal information you provide to us via our Website is subject to our Privacy Policy. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes).
ORDERS AND CANCELLATIONS
Any purchase of our products through the Website (Order) is subject to these Terms and Conditions.
An Order is accepted upon the latter of the following to occur:
(a) you have submitted your Order;
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and
(c) we have issued an Order confirmation.
By placing an Order, you are making an offer to purchase those products for the purchase price (including the delivery and other charges and taxes) specified at the time that you place your Order.
We may acknowledge and thank you for your Order once you have made your Order. This does not constitute an acceptance of your Order and merely serves to confirm that we have received your Order.
We reserve the right to:
(a) accept or reject your Order for any reason such as, without limitation, the unavailability of the products ordered, limitations on quantities, inaccuracies or errors in the pricing, when fraud is suspected or when there is an error in the Order;
(b) cancel an Order at any time and for any reason; or
(c) restrict the quantity or total value of products available for purchase to each person or address.
Where any of the above apply we will notify you of by email and suggest alternatives, removal of items from the Order, provide a refund or alternative solution as is appropriate. We will not be liable for any loss or damage whatsoever arising from our exercise of these rights.
You should note all Orders are made subject to availability. Whilst we endeavour to ensure that our products are available for delivery, there may be some circumstances where they are unavailable. Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you complete your Order. Please note that we may need to reject your Order or reject part of your Order on this basis. If your Order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable products. Alternatively, we may contact you to advise you of a delay in restocking a particular product and a delay in delivery of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative product. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delayed delivery date.
Subject to Australian Consumer Law, you cannot cancel or amend an Order once it has been placed.
PRICING AND PAYMENT
Unless otherwise specified prices displayed are shown in Australian dollars and are inclusive of GST. Shipping and delivery charges are not included in the displayed prices and will be calculated separately. You are responsible for any taxes, duties or other liabilities imposed by any government agency.
Payment in full for the purchase of the products plus delivery and other applicable fees and charges is required at the time of placing an Order, we will not accept any orders which have not been paid in full. Payment methods and accounts are as specified and approved by us in writing. You must never attempt or pay for an order through any fraudulent or unlawful means.
DELIVERY OF YOUR PRODUCTS
Deliveries are processed promptly upon receipt of full payment for the purchase of the products plus delivery and other applicable fees and charges. All Orders are delivered using the methods specified at checkout and delivery time will depend on the delivery option chosen. An estimated delivery date will be provided after the selection of a delivery option, any delivery date specified is an estimate only and you agree to still accept delivery of the products even if they are delivered on a different date/time. We will not be liable for any loss or damage suffered because of any delay in delivery, however we request that you contact us if any purchased products are not delivered within a reasonable time after the estimated delivery date.
Delivery is taken to occur at the time the courier takes possession of the products. You must accept delivery of the products whenever they are tendered.
Risk of damage or loss of products purchased passes to you upon possession of the products by the courier. Damaged or lost Orders should be resolved with the courier company directly and we are not responsible for products that are damaged in transit or not received. Replacement of damaged or lost products is made at our discretion.
RETURNS AND REFUNDS
We handle returns and refunds in accordance with Australian Consumer Law and our Returns Policy. Should you wish to request a return or refund please follow the steps in our Returns Policy.
PROMOTIONS AND DISCOUNTS
Promotions and discounts are subject to their own specific terms and conditions as provided by us from time to time.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of these Terms and Conditions is limited to the supplying of the products to you, the replacement of the products, or the payment of the cost of having the products supplied to you again.
LIMITATION OF LIABILITY
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.
Your use or reliance of any information, details, facts, comments, materials, guidance, instruction, or advice on this Website is entirely at your own risk, for which we shall not be liable. In using our Website you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Website. This includes, but is not limited to, incorrect or inaccurate information, errors, or omissions in the Websites content, third party involvement, or any goods or services we may offer, or from any other use whatsoever of our Website.
You agree it is your own responsibility to ensure that anything sourced from this Website meet your specific, personal requirements. You acknowledge that information contained in our Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Website and or to your downloading of any material posted on it.
You understand and agree that you are responsible for your own acts, omissions, and negligence, and if there are any consequences to your acts, omissions or negligence or through your use of our Website and services, that you will be responsible for those consequences.
DISCLAIMER
To the fullest extent permitted by law we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
We give no undertaking or warranty of the accuracy, reliability or otherwise of anything contained in our Website, either directly or via links. We give no undertaking or warranty that the information, products or services will be free of errors, or that defects will be corrected. We give no undertaking or warranty that our Website or its server is free of viruses or any other thing harmful.
It is solely your responsibility, and not ours, to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using our Website or any products or services that may be offered through it. It is your responsibility to do so.
INDEMNITY
You agree to indemnify, defend and hold us, our directors, officers, employees, consultants, agents, and affiliates harmless from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms and Conditions.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
Our Website contains photos, images, intellectual property, information and material which we own and you agree to not copy, reproduce, download or use the content our Website for any purpose without our express written approval. We expressly reserve all copyright and trademark to any and all content in this Website and we reserve the right to take action against you if you breach any of these terms.
YOUR PRIVACY
Your privacy is of utmost importance to us and look to use your personal information to provide a better experience for you. We respect you are providing us personal and confidential information and we are grateful for that trust you place in us. We do not retain any of your credit card and banking information on our servers. We will never sell or disclose your personal information for remuneration. Without referencing your name it may be included in data we consolidate to assist better our customers experience and communicate with those customers. If required by law, or to protect our rights or those of other, we may be required, in certain circumstances, to disclose information and we will do so in good faith. If you would like more details on how we manage your confidential information in accordance with Australian Privacy Principles please refer to our Privacy Policy.
OTHER WEBSITES & OTHER PARTIES
We may at times provide on our Website links to other websites, advertisements, and information. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those other websites. We take no responsibility for any of the content found on any linked websites. Our Website may contain information or advertisements provided by third parties for which we accept no responsibility for whatsoever, for anything you obtain from those third parties.
COMPETITORS
You are a competitor if you are in the business of creating similar products or services. We expressly do not permit you to use or access our Website. If you breach this clause we will hold you fully liable and responsible for any losses and you will forfeit to us all profits made from intellectual property taken from our Website.
GENERAL
Whole Agreement
These Terms and Conditions represent the whole agreement between you and us regarding your use and access to www.cdesign.au.
Exclusion Of Unenforceable Terms
If any part of these Terms and Conditions is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms and Conditions. Such invalidity does not affect the validity of the remaining provisions of these Terms and Conditions. This clause survives termination of these Terms and Conditions.
Force majeure
If we are unable to perform in whole or in part, any obligation under these Terms and Conditions because of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of our services or delivery of products.
Waiver
Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms and Conditions does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver, or exercise of a power or right. This clause survives termination of these Terms and Conditions.
Jurisdiction
These Terms and Conditions this Website are subject to the laws of Western Australia and Australia. If there is a dispute you will submit to the jurisdiction of the courts of Western Australia.