By entering the Website, and/or any page accessible on this site, and/or by purchasing products from Human Shoes through the Website, or dealing with Human Shoes in any way through the Website, you accept, without limitation or qualification, the terms and conditions set out below (the “Terms”) without modification. By accessing and using this Website, including (without limitation) purchasing products, you acknowledge that you are bound by the Terms.If you do not wish to be bound by the Terms you should not access or use the Website. If you have any queries regarding these Terms, please contact firstname.lastname@example.org Human Shoes may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS
Contract You will indicate by completing the appropriate order form on the Site the products that you wish to order. At the same time you will complete an authorisation for us to recover, through your credit or debit card, payments due to us. Your order shall constitute an offer to us to purchase the Products specified in the order. We may accept or decline the order. If we acknowledge your order that shall not constitute an acceptance of it. If we accept the order we shall notify you of our acceptance (in these Terms “Acceptance”) by email, and we shall confirm the price. We shall at the same time notify you of the identifying number (in these Terms the “Invoice Number”) for your order and you will be required to quote it in any subsequent communications. Only at that point will a contract for the sale and purchase of Products come into being. Human Shoes reserves the right in its discretion to decline to accept any order and/or to supply Products to any individual or company. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
Each order, Acceptance of each order and the supply of Products by Human Shoes pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and Human Shoes in relation to any Products ordered and supplied through the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us. All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration indication of price shall form any part of these Terms.
The prices of the Products shall be those specified by Human Shoes to you from time to time in accordance with the provisions headed “Orders and Contracts” above. Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing. A summary of these postage and packing charges can be found at our SHIPPING INFORMATION page. Prices on the Website may differ from those in Human Shoes’s stores. Delivery and Availability Human Shoes shall deliver Products ordered by you to a courier or postal service of Human Shoes’s choice to the delivery address that you have given us. By accepting these Terms, you agree irrevocably to appoint and do appoint the courier or postal service to be your agent for taking delivery of the Products on your behalf, and delivery to the courier or postal service shall be deemed to be delivery to you. Only if you are resident of Australia or New Zealand, Human Shoes shall wherever applicable, instruct the courier or postal service to deliver the Products to the address only in Australia or New Zealand that you give us. All delivery is subject to availability and time shall be of the essence. As we process your order, we will also notify you if any Products unfortunately are not available. Human Shoes shall not be liable to the customer or be deemed to be in breach of contract by reason of any delay in delivery of goods, if the delay was due to any cause beyond Human Shoes’s reasonable control. Children
Human Shoes does not sell product for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.
INSPECTION, DELIVERY DELAYS AND NON DELIVERY
You must inspect the Products as soon as is reasonably practicable after delivery. You shall notify Human Shoes in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.
Subject to the conditions set out below, if you establish to our reasonable satisfaction that any Products are not in accordance with these Terms or any other contract between us or are defective, your sole remedy shall be limited (as Human Shoes may elect) to the replacement of the Products or refund to you of the purchase price and any delivery costs or, where sums are owed by you to us, the issue of a credit note or a credit card account refund against return of the Products. If we require you to return the Products to us and they are defective we shall reimburse your reasonable postage cost of returning them. These remedies are subject to the following conditions:
1. the claim is made in writing to Human Shoes after Acceptance, or such other period as may be indicated by us for specific Products from time to time;
2. the Products or parts to which the claim relates are returned to Tony Bianco within that period suitably packaged and carriage-paid and, where relevant, in accordance with any particular instructions that we may have notified to you at the time of supply. Returned Products or parts must be accompanied by an advice note stating the Identifying Number and the nature of any claimed defect, together with such further information as Human Shoes may at the time of supply have stipulated.
You shall make any queries regarding shortages of Products by reference to the Acceptance:
1. From a reasonable time frame from the date of the Acceptance;
2. in writing; and
3. quoting the Identifying Number.
PASSING OF RISK AND PROPERTY
Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the courier or postal service as described under “Delivery” above
If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website, please contact our customer services team:
Freecall 0932 747 016
4/29 Cromwell St, Collingwood VIC 3066.
Phone: +84 237438308
Nothing in these Terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local Citizens Advice Bureau or refer to the Office of Fair Trading’s website.
VIP TERMS AND CONDITIONS
1. To redeem points for goods in store, members must present their VIP Rewards
Card with every transaction.
2. VIP Rewards Cards and member benefits are for exclusive use of the
VIP Rewards Card Member
3. By joining VIP Rewards program, Human Shoes may use your personal
information to contact you from time to time and/ or send advertisements about
events, products and services which we think you are likely to be interested in.
part of these Terms and Conditions.
4. It is the member’s responsibility to inform Human Shoes of any changes
to personal details. Human Shoes accepts no responsibility for members not
receiving invites or any other promotional material, if incorrect details are
provided, or Human Shoes are not notified of any change of detail.
Human Shoes also accept no responsibility for late, lost or misdirected
correspondence resulting from circumstances outside Human Shoes control.
5. Human Shoes reserves the right, at any time without notice to; suspend,
terminate or vary the VIP Rewards program; change the terms and conditions of
the VIP Rewards program; and terminate any individual’s membership or refuse
to issue any individual a membership in its absolute discretion.
6. Human Shoes shall not be liable for any loss or damage suffered by members
resulting from such suspensions, termination, variations or change as set out in
clause 7 above, or arising from the VIP Rewards program, except for any liability
which can not be excluded by law.
7. Members may terminate their membership to the VIP Rewards program at any
time, without reason, by giving written notice to: Tony Bianco 4/29 Cromwell St,
Collingwood VIC 3066.
TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE
Information on the Website
Intellectual Property Rights
The Website, and all the text, information and graphic representations or images on it (“Content”), are owned by, or licensed to Human Shoes. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Human Shoes or its licensors.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. Without Human Shoes’s written consent, you may not use, transfer, copy or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
USING THE WEBSITE
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.
You agree not to:
* impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
* modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
* make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
* damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
* use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
* publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
* make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
* falsify the true ownership of software or other material or information contained in a file made available via the Website;
* obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
NO UNLAWFUL OR PROHIBITED USE
You undertake to Human Shoes that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify Human Shoes, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
Our Use of Your Personal Details
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Liability Disclaimer regarding Access to or Use of the Website
These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions relating to sales of Products’ above).
You agree that you use the Website entirely at your own risk.
In preparing this Website, Human Shoes has endeavored to offer current, correct and clearly expressed information. However, Human Shoes cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
Human Shoes makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Human Shoes expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.
Human Shoes does not accept any responsibility for any errors or inaccuracies in any advertising material.
Human Shoes shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if Human Shoes has been advised of the possibility of damage.
Human Shoes reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Human Shoes reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, Human Shoes can not guarantee that the Website is virus-free and secure.
Human Shoes shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Human Shoes does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
TERMINATION OF USE
Human Shoes may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
* there is a regulatory or statutory change limiting the ability to provide access to the Website;
* there is any event beyond the reasonable control of Human Shoes preventing Human Shoes from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
* Human Shoes considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
COPYRIGHT AND TRADE MARK NOTICES
All contents of this website are: Copyright 2004 Human Shoes