There are terms and conditions that apply to your dealings with Active Style Dancewear (www.activestyledancewear.com.au).
These terms and conditions as set out on the website are collectively and individually referred to here as ‘Terms’.
The Terms are binding on you as a customer of Active Style Dancewear and as a user of the website. Active Style Dancewear reserves the right to change the Terms at any time. These changes take effect upon them being posted to the website.
In the Terms, except to the extent that the context otherwise requires, a reference to “Active Style Dancewear”; “I”, “we”; “us”; or “our”, is a reference to the Australian business ABN 90 804 258 323 Ms Julie-Anne Townsend trading as Active Style Dancewear.
USE OF WEBSITE
The ‘Website’ (www.activestyledancewear.com.au) is owned and operated by Julie-Anne Townsend t/as Active Style Dancewear.
Use of the Website is subject to the Terms. Access to the Website is an acknowledgement that these Terms, as amended from time to time, have been read and accepted. As you are bound by the Terms, you are encouraged to review the Terms prior to placing an order.
Active Style Dancewear grants you a limited, non-exclusive, non-transferable, personal, non-commercial licence to access and use the Website and reserves all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted by the Terms is strictly prohibited. You agree that you will not:
- alter the content provided on the Website in any way;
- use the Website to reproduce copyrighted material;
- commercially exploit, create derivative works from, or sell any of the Website content;
- otherwise, breach the Terms.
You may be denied access to the Website with or without prior notice at the sole discretion of Active Style Dancewear, if you do not comply with any of the Terms. All disclaimers and limitations of liability set out in the Terms survive termination of access.
The Website (including all its Content) is provided by Active Style Dancewear is on an “as is” basis. (‘Content’ includes, without limitation, any graphics, photographs, image rights, sounds, music, video, audio or text on the Website.)
You use the Website at your sole risk. To the maximum extent permitted by law, Active Style Dancewear makes no guarantee, representation or warranty that:
- your use of the Website will be uninterrupted, timely, secure or error-free;
- the Website will be free from loss, destruction, damage, corruption, attack, computer viruses, data non-delivery, interference, hacking, or other security intrusion; (collectively ‘Loss’), and Active Style Dancewear disclaims any liability to you for any Loss.
You agree that you will be personally responsible for your use of the Website and for all your associated communication and activity. Your submission of any information to Active Style Dancewear is at your own risk.
The Website may contain hyperlinks to sites operated by parties other than Active Style Dancewear. Such hyperlinks are provided for your convenient reference only and linking to another site is at your own risk. Active Style Dancewear does not control such sites and is not responsible for their availability or content or the privacy or other practices of such sites, nor any loss or damage caused by or connected with your use or reliance on such external links or third-party site.
Active Style Dancewear takes care to protect your online order information by using Secure Sockets Layer (SSL) technology. SSL is the industry standard encryption technology for secure e-commerce transactions. When transmitting information via www.activestyledancewear.com.au, such as your credit card number and other personal information, the data is encrypted (scrambled) before being sent or received over the Internet. Nevertheless, transmission of data over the Internet is not guaranteed to be totally secure and your transmission is undertaken at your own risk.
COPYRIGHT & TRADEMARKS
The Content on the Website, including (without limitation) text, graphics, information architecture and coding, is subject to copyright. Merchandise and company names mentioned on the Website may be the trademarks of other people or entities.
All title and intellectual property rights in and to the Content is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You are provided with access to it only for your personal and non-commercial use. Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Website without the express written permission of Active Style Dancewear or the third party owner.
At its discretion, Active Style Dancewear uses social media sites, but does not necessarily endorse or sanction the opinions or statements posted by it’s users.
The Users of the Active Style Dancewear social media sites must not post any comment or upload any content which is defamatory in nature, indecent, inflammatory, or discriminatory. Active Style Dancewear may moderate user-posted comments and content, including by removing inappropriate postings and may otherwise block or suspend users at their discretion.
Active Style Dancewear may use technology, such as “cookies”, to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. As you browse www.activestyledancewear.com.au, advertising cookies may be placed on your computer. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or the directory that stores cookies.
The Website may be accessed globally. The laws of New South Wales, Australia, apply to the Website. Active Style Dancewear makes no representation that the Website complies with the laws (including privacy and intellectual property laws) of any place outside New South Wales, Australia. Any transaction on the Website is deemed to have taken place in Sydney, New South Wales.
These Terms apply to all purchases of merchandise from Active Style Dancewear.
Purchases may be made in person or by electronic means, (i.e., via the Website, phone or email). By placing an order using any of these channels, you confirm your unconditional acceptance of the Terms.
We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
Merchandise is offered for sale for personal non-commercial use and not for re-sale or any other commercial benefit. Quantity restrictions may apply.
Whilst Active Style Dancewear endeavours to ensure the accuracy of all details, descriptions and prices which appear:
- on the Website;
- on the merchandise;
- in our communication with you; errors may occur. We may choose to not fill any orders (or part of an order) where an error or inaccuracy becomes apparent to us.
We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information, nor will we be liable for any inaccuracy or omission concerning any of the information provided.
When you place an order, we will charge you, and you are obligated to pay, the price and any applicable shipping charges. (Deliveries outside Australia may result in additional local import duties, fees, taxes and charges to you, which you are responsible for.)
You can pay for your purchase by the methods specified on the Website or in our communication with you.
Your payment must be cleared before merchandise will be delivered to you. If your payment cannot be processed, your order will be rejected.
In paying or attempting to pay for merchandise, you warrant that you have not engaged in any fraudulent conduct or contravened any law.
HOW MUCH IS DELIVERY AND HOW LONG WILL IT TAKE TO ARRIVE?
It’s important to us that you receive your purchases as quickly as possible.
All online orders will be processed within 48 hrs of payment and will be dispatched within two-three business days, unless otherwise advised.
All items under the value of $100 will be shipped via Australian Post (standard postage) with a flat rate of $9.95 AUD or $14.95 for Express Post. All orders $100 or over will be shipped via Australia Post (standard postage) FREE for Australian residents only.
Orders will arrive within 2-10 business days from the time of posting, depending on your location within Australia.
We will now also post online orders to New Zealand with orders being shipped via Australia Post.
All purchases with a registered weight of up to 3kg will be sent via economy air with a flat rate of $25 AUD and will take an estimated 7-14 business days to arrive, depending on your location within New Zealand.
RETURNS & EXCHANGES
CHANGE OF MIND
If you wish to return an item simply because you have changed your mind, Active Style Dancewear will gladly exchange your item provided that the item is unworn, in it’s original condition and is returned with all packaging. (You will be responsible for all postage costs).
Please note that for hygiene reasons we cannot offer change of mind exchanges on underwear, hair products or earrings.
Active Style Dancewear adheres to & upholds the Australian Consumer Law.
In the unfortunate case that you receive a faulty product, please contact us within 7 days of receipt to discuss options.
In order to obtain a replacement or full refund the faulty item must be returned within 14 days from the date of purchase and must be in an unused condition.
You agree to fully compensate Active Style Dancewear (and its directors, officers, employees, affiliates, licensors, agents and suppliers) immediately on demand, and hold us harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) any breach of the Terms by you, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (ii) the unauthorised use of your identity and credit card details for purchases on the Website caused by your action or inaction.
LIMITATION OF LIABILITY
To the full extent permitted by law and subject to your rights under the Australian Consumer Law, our entire liability in connection with the Terms will not exceed the purchase price of the merchandise in question.
We are not responsible for:
- any losses which are not reasonably foreseeable by you and us;
- any losses which are not caused by our breach or negligence;
- any indirect losses which are a side effect of the main loss or damage (for example, business or trade losses, loss of profits or loss of opportunity).
We are not responsible for a failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
Nothing in the Terms means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.
For clarity, nothing in the Terms is intended to limit your rights under the Australian Consumer Law as to the quality of goods sold by Active Style Dancewear, including the consumer guarantees.
Any provision of the Terms which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
The Terms are governed by and are to be construed according to the laws of New South Wales, Australia.
You submit to and accept unconditionally the exclusive jurisdiction of the courts and appellate courts of New South Wales, Australia with respect to any legal proceedings brought in relation to the Terms.