Website Terms of Use

Welcome to the JAVAD eBoutique! We take great pride in our eBoutique and aim to provide our customers with a luxurious and customer-centric experience. Please take a few minutes to read the information below about the legal Terms and Conditions that apply to your use of this website and any services or products that you order from us.

 

ACKNOWLEDGMENT AND ACCEPTANCE

By using the website www.javad.com.au , you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and JAVAD, (JAVAD, 'we', 'us' or 'our') and its successors and assignees.

These Terms and Conditions, our Privacy Policy, Shipping Policy and Returns Policy are to be read together to form the whole of this agreement and will be collectively referred to as the ‘Terms’ and apply to all purchases made on our website. You accept the Terms by making a purchase from us.

Your purchase from the website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older.  You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to these Terms and Conditions, please do not use our website.

 

USE OF THIS WEBSITE

You must only use this website for lawful purposes and agree not to use it in a way that violates our rights or the rights of any third party. You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and that you may only download, print or use content for this purpose. You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website without our prior express written consent.

 

ONLINE SHOPPING

When placing information on our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary to the delivered product depending on your monitor and computer equipment. We cannot guarantee that the product images on our website are an exact representation of the actual products you receive. 

 

ORDERS

We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details. We also reserve the right to terminate your account for any reason, or request photo ID (or any other such documentation we deem appropriate) from you for verification purposes before we allow your order to be processed. A binding agreement will form between us once we confirm that we have accepted your order.

 

PRODUCT AVAILABILITY

Because stock quantities are not updated in real time, items may be sold out at time of purchase. If a sold out item is purchased, you will be notified by e-mail as soon as possible and offered a refund or suitable replacement. If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. We cannot provide rain checks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.

 

VARIATION OF PRODUCTS AND PRICE

You agree to pay the purchase price for the products as specified on the website from time to time plus any applicable delivery charges. We may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. 

 

PAYMENT

All prices and orders are calculated in Australian Dollars (AUD). You must pay for your products purchased on this website at the time of placing an order.

We only accept payment by MasterCard, Amex, Visa, Afterpay and PayPal and we reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

We will always act to protect the details of your payment and purchase however in the absence of negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.

 

DELIVERY

Please refer to our Shipping Policy.

 

CANCELLING AN ORDER

Once your order has been placed you cannot cancel the order. At your request, we are unable to cancel an order or stop an order from being dispatched.

 

COPYRIGHT, TRADE MARKS AND OWNERSHIP OF RIGHTS

The copyright, trademarks and other intellectual property rights contained within this website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.

Intellectual Property includes but is not limited to:

•         all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;

•         all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and

•         all work product developed in whole or in part by us.

RETURNS and AUSTRALIAN CONSUMER LAW

Please refer to our Return Policy.

 

LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to our products and services, this website and this agreement, including but not limited to:

•         implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms or which cannot be excluded by law;

•         the quality or fitness for purpose of our goods and services;

•         the website or the products being unavailable; and

•         any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the website, inability to access or use the website, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

To the maximum extent permitted under law, where our liability cannot be excluded, our total liability arising out of or in connection with the products, the services or the Terms and this website and its content, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise,

 

INDEMNITY

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

 

DISCLAIMER

The information contained on this website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information.

We reserve the right to cancel and refund any order for $0 or part order where a product is listed at $0 or a Gift Card is listed at less than face value. Promotional codes can only be used once per customer.  We reserve the right to cancel any order in which it appears that multiple accounts have been set up for the same customer. 

 

DAMAGE TO COMPUTERS OR OTHER DEVICES

We take reasonable steps to ensure that our website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this website or any website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.

You must not misuse this website by introducing technologically harmful material, including but not limited to, viruses and trojans or by attempting or actually breaching the website’s security mechanisms.

 

THIRD PARTY WEBSITES

This website may contain links to third party websites. We are not responsible for the condition or content of those websites as they are not under our control. You access those websites and/or use the website's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the websites or the products or services provided on the website.

We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external website. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.

 

PRIVACY

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. Your privacy is very important to us and we will always act to protect your information in accordance with our Privacy Policy.

 

SPAM

Under no circumstance will we deliberately send you an electronic message without your consent. If you receive an unsolicited email from us, please let us know.

 

COOKIES

A Cookie is a small data file that is stored by your web browser on your computer. For more information on our Online and Digital Service please see our Privacy Policy.

 

PROMOTIONS AND OFFERS

Please note that unless specifically mentioned, no promotions or offers may be used in conjunction with any other promotion or offer and cannot be used to purchase Gift Cards. We reserve the right to cancel and refund any order placed online where a customer has used one or more promotion or offer to place an order. We may run competitions and promotions throughout the year. Competitions and promotions may have their own separate terms and conditions which will apply in addition to these Terms. Please carefully read those terms and conditions before entering or participating in a competition or promotion. If a competition or a promotion does not have its own specific terms, these general Terms will apply.

 

PASSWORD AND ACCOUNT SECURITY

It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

 

WEBSITE CHANGES

These Terms may be amended from time to time without notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you. Your use of this website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the website.

 

WEBSITE UNAVAILABILITY

We will not accept responsibility if this website is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.

 

CORRECTION OF ERRORS

Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.

If you believe that there is a typographical error, inaccuracy or oversights on this website please contact us by email at fashion@javad.com.au

 

FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

 

WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

 

TERMINATION

If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this website. A notice as outlined above will be sent to you.

 

ASSIGNMENT

You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

 

SEVERABILITY

If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

GOVERNING LAW

We operate this website from our offices in Australia; however this website may be accessed throughout Australia and overseas. The laws of Australia govern these Terms. We make no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

 

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. 

 

COMMENTS

If you have any comments or concerns we welcome your feedback and suggestions, please contact our Customer Care Team: fashion@javad.com.au