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Home Terms and Conditions These terms and conditions
regulate the business relationship between you and
us. By using Our Web Site in any way, or by
buying from us, you agree to be bound by
them.
No person under the age of 18 years may
purchase these Goods. We look forward to
seeing you again when you are over 18.
We are:
HS Fashion Co t/as HighlySeductive.com.au Our address
is:
PO Box 2181 Normanhurst NSW 2076
Australia
You are: Visitor to Our Web Site / our customer The terms and
conditions
1.
Definitions
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.
“Our Web Site” means the entire
computing hardware and software installation that
is or supports Our Web Site.
“Goods” means any of the Goods we
offer for sale on our web site
“Content” means information in
any form published on Our Web Site by us or any
third party with our consent.
2.
Our contract with
you
2.1 These terms and
conditions apply:
2.1.1 so far as the
context allows, to you as a visitor to Our Web
Site; and
2.1.2 in any
event to you as a buyer or prospective buyer of
our Goods.
2.2 Goods advertised may
not be available.
2.3 We shall accept your
order by e-mail confirmation. Our message
will also confirm details of your purchase and
tell you when we shall dispatch your
order. That is when our contract is
made. It is possible that the price may have
increased from that posted on our web site.
2.4 We may change these
terms from time to time. The terms that apply
to you are those posted here on Our Web Site on
the day you order Goods.
2.5 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.
2.6 If we do not have the
Goods you order in stock, we will offer you
alternatives before we dispatch your
order. If this happens you may:
2.6.1 accept the
alternatives we offer;
2.6.2 cancel your
order;
2.6.3 leave the
order valid, but tell us to omit the out-of-stock
item.
2.7 If we owe you money
(for this or any other reason), we will credit
your credit or debit card as soon as reasonably
practicable but in any event no later than 30 days
from the date of your order.
2.8 Goods are at your risk
from the moment they are picked up by the Carrier
from our warehouse.
3
Price and
Payment
3.1 You must pay us the
full price of your order before we will send any
part of it.
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 Australian 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 you contact us
within three months of purchase.
5
Delivery
div>
5.1 Deliveries will be
made by the Carrier to the address stipulated in
your order. You must ensure that someone is
present to accept delivery.
5.2 If we are not able to
deliver your Goods within 30 days of the date of
your order, we shall notify you by e-mail to
arrange another date for delivery.
5.3 We may deliver the
goods in installments if the goods are not
available at the same time for delivery.
6
Taxes, duties and import
restrictions
6.1 We have no knowledge
of, and no responsibility for, the laws in your
country of residence.
6.2 You are responsible
for purchasing Goods which you are lawfully able
to import and for the payment of import duties and
taxes of any kind levied in your country of
residence.
7
Goods
returned
Because you are buying the Goods by mail
order, 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 you
wish to cancel within 7 days of your receipt of
the Goods;
7.2 The Goods must be
returned to us within 21 days of your telling us
you wish to cancel:
7.2.1 with both goods and
all packaging in their original condition;
7.2.2 securely
wrapped;
7.2.3 including our
delivery slip;
7.2.4 at your risk and
cost.
7.3 After we have received
the Goods, we will credit your credit or debit
card with the full purchase price of the goods
returned no later than 30 days from the date of
receipt;
7.4 If you do not return
the Goods to us, you are still liable to us for
the cost.
7.5 We are under no
obligation to collect or recover Goods from you,
but if we do, our costs will be payable by
you.
8
Disclaimers
8.1 We or our Content
suppliers may make improvements or changes to Our
Web Site, the Content, or to any of the Goods, at
any time and without advance notice.
8.2 You are advised that
Content 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 for your
purpose.
8.3.2 the truth of any
information given on Our Web Site;
8.3.3 any implied
warranty or condition as to merchantability or
fitness of the Goods and Services for a particular
purpose;
8.3.4 compatibility of Our
Web Site with your equipment software or
telecommunications connection.
8.3.5 compliance with any
law;
8.3.6 non-infringement of
any right.
8.4 Our Web Site contains
links to other Internet web sites. We have
neither power nor control over any such web
site. You acknowledge and agree that we shall
not be liable in any way for the Content of any
such linked web site, nor for any loss or damage
arising from your use of any such web site.
8.5 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 or
the purchase of Goods.
8.6 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.
9
Content and Intellectual
Property Rights
9.1 Title, ownership
rights, and intellectual property rights in the
Content whether provided by us or by any other
Content provider shall remain the sole property of
us and / or the other Content provider. We
will strongly protect its rights in all
countries.
9.2 You may not copy,
modify, publish, transmit, transfer or sell,
reproduce, create derivative works from,
distribute, perform, display, or in any way
exploit any of the Content, in whole or in part,
except as is expressly permitted in this
agreement.
9.3 You may download or
copy the Content only for your own personal use,
provided that you maintain all copyright and other
notices contained in such Content. You may not
store electronically any significant portion of
any Content.
10
System
Security
10.1 You agree that you
will not, and will not allow any other person to,
violate or attempt to violate any aspect of the
security of the Installation;
10.2 You agree that you
will in no way modify, reverse engineer,
disassemble, decompile, copy, or cause damage or
unintended effect to any portion of Our Web Site,
or any software used on Our Web Site, and that you
will not permit any other person to do so.
10.3 You understand that
any such violation is unlawful in many
jurisdictions and that any contravention of law
may result in criminal prosecution.
10.4 Examples of
violations are:
10.4.1 accessing data
unlawfully or without consent;
10.4.2 attempting to
probe, scan or test the vulnerability of a system
or network or to breach security or authentication
measures;
10.4.3 attempting to
interfere with service to any user, host or
network, including, without limitation, via means
of overloading, "flooding", "mail
bombing" or "crashing";
10.4.4 forging any TCP/IP
packet header or any part of the header
information in any e-mail or newsgroup
posting;
10.4.5 taking any action
in order to obtain Goods to which you are not
entitled.
10.5 You agree to
indemnify us against any claim or demand,
including reasonable lawyers’ fees, made by
any third party due to or arising out of:
10.5.1 any violation of
system security as set out above;
10.5.2 your use of Our Web
Site;
10.5.3 any other breach or
violation of this agreement by you;
10.5.4 the infringement by
you, or by any other user of your computer, of any
intellectual property or other right of any person
or entity, or as a result of any threatening,
libellous, obscene, harassing or offensive
material contained in any of your
communications.
11
Indemnity
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 Our Web Site, or the
infringement by you, or by any other person using
your computer, of any intellectual property or
other right of any person.
12
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 or
other obligation upon us in respect of any such
goods.
13
Rights of third
parties
Nothing in this agreement or on our web site
shall confer on any third party any
benefit.
14
Severability
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.
15
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.
16
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.
17
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.
18
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.
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