www.jonetsuboutique.com is the property of Jonetsu, ABN 68 432 654 330, whose registered office is care of Crowe Horwath, Locked Bag 7, Osborne Park, Western Australia, 6916.
TERMS AND CONDITIONS ON OUR WEBSITE
Please read the terms and conditions of the sale of goods and the use of our website carefully before placing your order with Jonetsuboutique. These contain important information concerning your order, payment options, the processing of the order and delivery of the goods and include limitations of liability.
For more information about your rights as a consumer, please go to the Australian Consumer Law website at http://www.consumerlaw.gov.au
SALE TERMS AND CONDITIONS
These terms and conditions (“Sale Terms”) form a contract between You, the customer, and Jonetsuboutique and apply to any Order made by You on Our Website. You agree to be bound by them when You submit an Order. They, together with your Order, constitute the entire contract between Us and You for the supply of the goods whose despatch We have confirmed with You. The contract cannot be varied unless We agree to vary it by email.
The Contract will relate only to those goods whose despatch We have confirmed in an email. We will not be obliged to supply any other goods which may have been part of your Order until the despatch of such other goods has been confirmed to You via email.
Each Order You submit will be a separate and binding contract between You and Us with respect to the supply of goods in accordance with these Sale Terms.
We sell and ship our goods within Australia and to overseas destinations.
ACL means the Australian Consumer Law which may be found at the Australian Consumer Law website at http://www.consumerlaw.gov.au
Business Day means a day in which trading banks are open for the transaction of banking business in Perth, Western Australia.
Delivery Address means the address as stated on the Order to which the goods are to be delivered.
Delivery Agent means any nominated third party delivery or shipping company.
Delivery Fee means the fees charged for the delivery of the goods to the Delivery Address by the Delivery Agent.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth) in relation to Orders for delivery in Australia
Order means a request (in the manner and form set out on Our Website) by You to purchase goods from Us on Our Website.
Personal Information has the same meaning as defined under the Privacy Act 1988 (Cth).
Policies means the policies as specified on Our Website
Price means the purchase price of each good as specified on Our Website in Australian dollars (“AUD”). For the avoidance of doubt in Australia the specified price includes GST.
Sale Terms means these terms and conditions as amended from time to time.
Tax means any goods or services tax, value added tax or other taxes, import fees, duties, tariffs or other impost or charges that may be payable with respect to the purchase of goods.
Website means www.jonetsuboutique.com
Website Terms means the terms and conditions governing your use of Our Website in addition to these Sale Terms. The Website Terms are set out on Our Website.
We or Our or Us or Jonetsuboutique means Jonetsu ABN 68 432 654 330
You means You as the purchaser of goods from Our Website pursuant to these Sale Terms, our Policies and the Website Terms.
CHANGES TO TERMS
We reserve the right at all times to make changes to these Sale Terms. Any variations to these Terms will take effect from the time a notice of any variation posted on Our Website by Us. The Sale Terms which apply at the time of Order are those that govern your relationship with Us with respect to that Order.
You agree that We may use your personal information provided by You so that We can conduct appropriate credit checks and anti-fraud checks. Personal Information that You provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
The intellectual property in the design of the goods on Our Website is not assignable or transferrable. You must not copy the goods or their design in any way.
LEGAL CAPACITY TO ORDER FROM US:
If You are under the age of 18 years You must not place an Order with Us.
By placing an Order through Our Website, You warrant that You are legally capable of entering into binding contracts. If We suffer any damage or other losses as a result of a transaction entered into by a minor (under 18 years) We reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Us.
To place an Order You must have an active email address and a telephone number at which You can be contacted and this address and telephone number must be disclosed in the Order.
SUBMITTING YOUR ORDER
By clicking on the “submit my order” button in the manner described on Our Website, You offer to purchase the goods the subject of the Order for the Price plus any Delivery Fee and Tax that may apply as specified at the time You submit your Order on these Sale Terms. You also agree to abide by the Website Terms.
We will notify You that your Order is being processed by sending You confirmation and a tax invoice by email. This confirmation is Our acceptance of your Order. You will be given an Order confirmation number which You will be required to give Us if You have any queries concerning your Order. Your Order cannot be withdrawn or varied by You without Our prior consent provided to You via e-mail.
You agree to provide Us with complete and accurate information as to your personal details to enable Us to process your Order and deliver the goods to You. This information will also be provided to the Delivery Agent to enable the delivery of the goods.
You must carefully check your Order prior to submitting it to Us. Once your Order has been submitted, cancellation of it may only be made by agreement unless otherwise required by law. Goods may be returned or exchanged in accordance with Our Returns Policy.
OUR ACCEPTANCE OR REJECTION OF YOUR ORDER:
Our acceptance of your Order represents our agreement with You to supply the goods in accordance with your Order and under the Sale Terms.
We reserve the right to accept or reject your Order. Some of Our goods may not be available for delivery to some locations outside Australia due to, but not limited to, legal and other restrictions. We reserve the right to determine in Our sole discretion what goods We can deliver to any particular location. In the event that your Order has been rejected under this clause, We will notify You of our rejection and the reason via email within seven (7) Business Days after the submission of your Order.
If We reject an Order and your payment for the goods has already been processed, We will refund any money paid to Us in respect of that Order and make reasonable endeavours to process the refund within seven (7) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss, damage, cost, expense to You, or any third party which may be incurred as a result of any delay in processing your refund.
We reserve the right to withdraw or suspend any goods displayed on Our Website from sale either temporarily or permanently at any time without notice to You. We will not be liable to You for any loss You or any third party suffers as a result of a withdrawal or suspension.
Where your Order is affected by an error on Our Website (for example, in relation to a description of goods, an image, Price or otherwise), We may reject that part of any Order. If applicable, We will proceed to fulfil the remainder of your Order in accordance with these Sale Terms. If You are not satisfied with the partial fulfilment of your Order, You can return your entire Order to Us and that Order will be treated by Us as an Order that has been incorrectly delivered in accordance with the Returns Policy.
You acknowledge and agree that:
– all pictures and images of goods displayed on Our Website are for illustration purposes only, and the sizes and dimensions of goods may differ in reality;
– You have read all corresponding written descriptions of the goods on Our Website prior to submitting your Order;
– the colour of goods as shown on Our Website may vary slightly in shade in reality;
– where We provide sizing or other measurements in the descriptions of a good it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
– any accessory featured with the goods is for illustration purposes only and may not be part of the goods offered for sale.
PRICE AND PAYMENT
All Prices are displayed in Australian dollars (“AUD”).
The Price displayed when accessing Our Website or placing an Order from an Australian ip address is inclusive of GST but no other Tax.
The Price displayed when accessing Our Website from an ip address outside Australia will be in AUD and exclusive of all Tax which may be payable with respect to your Order.
The Price may be changed by Us at any time. However, changes will not affect Orders that have been confirmed by Us.
In respect of any Order, We will charge You and You agree to pay the Price which is the Price at the time the Order is submitted in AUD and the Delivery Fee and any applicable Tax.
You must pay for your Order by credit card. You authorise Us to debit your nominated credit card at the time You submit your Order. The name on the credit card used for the payment must match the name on the Order.
You agree that any payment in respect of an Order submitted by You must be cleared by Us before the goods which are the subject of an Order are despatched by the Delivery Agent. If your payment cannot be processed, your Order will be rejected in accordance with these Sale Terms and You will be notified of this by email.
In paying, or attempting to pay for your Order, You agree that You have not engaged in any fraudulent conduct or contravened any law.
We use an encrypted payment gateway and security certificate to secure payments. Whilst We take all reasonable precautions, We cannot guarantee the security of any transaction.
Despite our best efforts, some of the goods listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our despatch procedures so that where the correct Price of the goods is less than Our stated Price We will charge the lower amount. If the correct Price of the Goods is higher than the Price stated on Our Website, We will normally, at Our sole discretion, either contact You for instructions before despatching the goods, or reject your Order and notify You of this rejection by email.
We are under no obligation to provide the goods to You at the incorrect (lower) Price even after We have sent You confirmation of your Order if the pricing error is obvious and unmistakeable (as determined by Us at Our sole discretion) and could have reasonably been recognised by You as an error.
We use Delivery Agents to deliver your Order. You should refer to the delivery times set out in the Shipping Policy section of Our Website.
You agree that notwithstanding anything else stated on Our Website We cannot guarantee that delivery will occur in the stated delivery times. Delivery times may change from time to time due to unforeseen circumstances.
Except where required by applicable law, We are not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a change in delivery times or a delay in delivery.
Delivery of your Order will take place at the Delivery Address specified by You in your Order.
If the Delivery Agent is unable to deliver an Order to the Delivery Address, due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for You notifying You where the Goods have been delivered for collection by You. It is your responsibility to follow the instructions stated on the calling card. Within Australia, undeliverable Goods will generally be left at a local Australia Post outlet.
Where You do not collect your goods from the outlet specified on the calling card within 10 Business Days of a failed delivery, You must contact Us by email using the details provided for further information with respect to claiming your Order. You are responsible for any associated fees for redelivery that may be incurred if your Order is required to be redelivered.
Upon delivery, You must inspect the goods delivered and check that the goods match your Order. If the goods do not match your Order You may return them to Us in accordance with the Returns Policy. If goods are missing from your Order You may return the goods delivered in accordance with the Returns Policy.
You should let Us know about any defective, damaged, missing or incorrect goods as soon as possible. Any goods replaced under Our Returns Policy due to being defective, damaged, missing or incorrect will be delivered to You free of charge.
TAX ON GOODS DELIVERED OUTSIDE AUSTRALIA:
If You order goods for delivery outside Australia, they may be subject to Tax which is levied when the delivery reaches the specified destination. You will be responsible for payment of any such Tax and We shall bear no responsibility for such Tax. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your Order.
Please also note that You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any compliance with any such laws or any breach by You of any such laws.
RISK AND TITLE:
Risk and title in the goods pass to You on the date and time of delivery of the goods to the Delivery Agent by Us.
RETURNS AND CANCELLATIONS:
Unless provided for under these Sale Terms, no cancellations or changes to Orders will be accepted, and the goods will be delivered to the stated Delivery Address in accordance with these Sale Terms. Therefore, You should carefully check that your Order is accurate before You submit it to Us.
All returns MUST have a Return Tag attached with the plastic security code intact in accordance with Our Returns Policy. The returned item(s) must be unused and in the original condition in which You received it.
Any accessories must be returned in their original packaging.
The items must be sent within 7 days of You receiving them.
GOODS CANNOT BE RETURNED ONCE THE RETURN TAG HAS BEEN REMOVED FROM THE ITEM.
Please refer to and read carefully the Returns Policy.
YOU WARRANT TO US:
You represent and warrant to Us that:
– all information (including Personal Information) and data provided by You to Us through Our Website is true, accurate, complete and up to date, and (where relevant) You have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Us;
– You are over the age of 18;
– in placing your Order, You have read and agree to these Sale Terms; and
– in placing your Order, You have complied with all applicable laws.
OUR LIABILITY TO YOU:
Our liability to You is governed by the ACL.
Our goods come with those guarantees that cannot be excluded under ACL but no other guarantees in relation to the goods are provided by Us. We will not be liable to You or any third party for any loss, damage, cost or expense incurred by You however that loss, damage, cost or expense was caused unless We are made liable for that loss under the ACL. Your entitlement to a replacement, repair or a refund is also governed by the ACL. If under the ACL We are required to replace the goods or refund the Price then You must comply with Our Returns Policy. If under the ACL We have the right to repair the goods then your return of them is also governed by Our Returns Policy. But in the case of repair We reserve the right to replace the goods instead of repairing them.
We reserve the right to, at Our sole discretion, terminate your access to and use of Our Website for convenience, at any time, upon provision of notice to You or immediately if We reasonably believe that You have breached these Sale Terms, and that breach is not capable of remedy, or if You have been provided with notice of the breach, and You have failed to remedy that breach within fourteen (14) days (where the breach is able to be remedied).
Without limitation to the exclusions of Our liability set out elsewhere in these Sale Terms, We will not liable for any delay in performing any of Our obligations under these terms and conditions if such delay is caused by circumstances beyond Our reasonable control, including but not limited to, war, trading embargos, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries and We shall be entitled to a reasonable extension of time for the performance of such obligations.
You accept that communication with Us will be electronic. We may give information to You by posting notices on Our Website and You will be deemed to have received that notification.
We may also give notice to You by electronic mail. You may give notice to Us by email to our Customer Service Centre at: [email protected]
Notice will be deemed received and properly served immediately when posted on Our Website or twenty four (24) hours after an email is sent. In proving the service of any notice it is sufficient that such email was sent to the email address provided by You when placing your Order.
If any of these terms and conditions or any provisions of a contract 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 applicable law.
A failure or delay by Us to exercise a power or right under these Sale Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any power or right.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Order, or any of our rights or obligations arising under it, at any time during the term of the contract, but you may not. The laws of the State of Western Australia, Australia govern these Sale Terms and the contract that is entered into between You and Us when We accept your Order.
The transaction between You and Us is deemed to have taken place in Osborne Park, Western Australia. You agree to the courts of Western Australia as having exclusive jurisdiction to determine any dispute or claim arising under these Sale Terms or in respect of the Order.
If You access Our Website in a jurisdiction other than in Western Australia, You are responsible for compliance with the laws of that jurisdiction to the extent that they apply. We make no representation that the content of Our Website complies with the laws of any country outside Australia.
For that reason these Website Terms are important and you should ensure that you read them carefully and contact us with any questions before you use Our Website. You can contact us by email at [email protected]
By accessing, using, browsing, Our Website you agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to these terms in their entirety, you must not use Our Website.
We may amend or update these terms and conditions at any time by posting any changes on Our Website without providing notice to you. By continuing to access and use Our Website, you will be deemed to have agreed to any changes or updates to these terms.
These Website Terms (including where applicable, our Policies and our Sale Terms on Our Website) set out the entire agreement between you and Jonetsu and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.
Your access to, and use of, Our Website is subject to these Website Terms and all applicable laws, and is at your own risk.
1 Use of material on the Website
A. Except for the limited use set out in para (b) you may not use the Website, or the mate rial contained on it, for any purpose other than to determine whether you wish to place an order to purchase our goods displayed on Our Website. This, without limitation, prohibits:
(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading and/or reposting the material to any other site on the WWW;
(v) “framing” the material on the Website with other material on any other WWW site.
B. Notwithstanding the above restrictions on use of the material on Our Website, you may download material from Our Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
C. You may not modify or copy:
(i) the layout of Our Website; or
(ii) any computer software and code contained in Our Website.
D. The Owner reserves all intellectual property rights in Our Website and the goods displayed on Our Website, including, but not limited to, copyright in material provided by it and the intellectual property in the design of the goods displayed on Our Website. The ma terial provided on Our Website is provided for personal use only and may not be:
(i) re-sold and/or re-distributed in any material form;
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media, without the prior written consent of the Owner.
1.2 Links to other Websites
A. Our Website may contain links to sites on the WWW owned and operated by third parties (EG: Delivery Agent) and which are not under the control of the Owner.
B. In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(i) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
(ii) is not responsible for the material contained on those linked sites.
A. The Owner does not warrant guarantee or make any representation that:
(i) Our Website, or the server that makes the site available on the WWW are free of software viruses;
(ii) the functions contained in any software contained on Our Website will operate uninterrup ted or are error-free; and
(iii) errors and defects on Our Website will be corrected.
B. The Owner is not liable to you for:
(i) errors or omissions in Our Website, or linked sites on the WWW;
(ii) delays to, interruptions of or cessation of the services provided in Our Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of Our Website, whether caused through negligence of the Owner, its employees or independent contrac- tors, or through any other cause.
C. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing Our Website.
1.4 Use of information gathered
A. The Owner and/or people authorised by it may gather and process the information:
(i) which you may provide when accessing Our Website, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use Our Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
1.5 Termination of access
The Owner may terminate access to Our Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to Our Website.
1.6 Alteration of Terms of Access
The Owner reserves the right to change these Website Terms:
A. with or without further notice to you; and
B. without giving you any explanation or justification for such change.
1.7 Relevant jurisdiction
A. These Website Terms will be governed by and interpreted in accordance with the law of Western Australia, without giving effect to any principles of conflicts of laws.
B. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Website Terms.
2 Terms and conditions relating to the providing of information about your product or service
2.1 Uploading information
You represent and warrant in relation to any material and/or information you provide to Our Website that:
A. you are authorised to provide the material and/or information;
B. the material and/or information does not infringe any legislation or regulations of the Com monwealth of Australia and the State of Western Australia including, but not limited to, the Competition and Consumer Act 2010 (Cth) (“ACL”) and the Fair Trading Act 2010 (WA) and any other parliament competent to legislate in relation to Our Website or any law in any coun try where the material and/or information is or will be available electronically to users of Our Website.
2.2 Licence to use intellectual property
By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (Intellectual Property) on to Our Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
A. reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
B. allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.
2.3 Removal of information
In relation to any material and/or information included on Our Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
2.4 Limit of liability
The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
A. in relation to or in connection with any material and/or information supplied in respect of advertising on Our Website; and
B. as a consequence of removing any material and/or information from Our Website.
You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
A. any breach of these Website Terms by you; and
B. publication of or distribution of the material and/or information supplied by you.
A. If any part of these Website Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Website Terms and the severed part will not affect the validity and enforceability of any remaining provisions.