Terms & Conditions
All goods (“Products”) supplied by Swimwear Shack are supplied on these terms and conditions.
1 Order Acceptance
No order shall be binding on Swimwear Shack until accepted by Swimwear Shack. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Swimwear Shack of an order from the Customer.
Swimwear Shack reserves the right to accept any order in whole or in part. Where Swimwear Shack makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Swimwear Shack.
2 Payment Terms
Payment must be made in full and on checkout in the online shopping cart without set off or deduction. Swimwear Shack will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
3 Title to Products
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Swimwear Shack. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer.
4.1 Swimwear Shack reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Swimwear Shack.
4.2 A handling fee may be incurred on all orders.
5 Returns – Swimwear Shack has a ‘no problems return policy’
5.1 Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, or which the law provides may otherwise be returned to Swimwear Shack may be returned to Swimwear Shack within 10 days after the Customer has received the Products, at no cost to the Customer.
5.2 The Customer may otherwise return Products to Swimwear Shack and obtain a credit:
(a) provided that it does so within 30 days of delivery and a return authorisation is obtained from Aussie Swimwear; and
(b) provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;
(c) at the Customer’s own expense; and
(d) on the basis that risk in the Products remains with the Customer until the Products are received by Swimwear Shack, and that a restocking or return fee may be charged.
(e) any swimwear returned with visible signs of skid marks or pubic hair may not be returned according Swimwear Shack’s return policy
5.3 Notwithstanding the provisions of this clause 5, Swimwear Shack will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
6 Customer Specific Stock
Where Swimwear Shack has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Swimwear Shack may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Swimwear Shack against all claims, demands, loss, costs and expenses incurred by or made against Swimwear Shack, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Swimwear Shack may use, print or reproduce at the Customers request.
7.1 Except for those required or implied by legislation, Swimwear Shack gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Swimwear Shack. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Swimwear Shack under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Swimwear Shack to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired;
7.2 Except to the extent the law provides that liability is not able to be excluded, Swimwear Shack shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Swimwear Shack or the failure of Swimwear Shack to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Swimwear Shack will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Swimwear Shack reserves the right to change these Terms and Conditions at any time.
All prices listed on the Swimwear Shack website are inclusive of GST. Any consideration and all other amounts to be paid from a purchase through the Swimwear Shack online shopping store will be liable for GST. Upon checkout Swimwear Shack will issue a tax invoice showing the amount of GST applicable for the particular purchase.
These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
11 No Waiver
The failure by Swimwear Shack to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.