Terms and Conditions
These website terms and conditions (Terms) govern your use of our websites https://www.windsorsmith.com.au/, https://www.windsorsmithoutlet.com.au/ and https://www.lipstikshoes.com.au/ (each the Website) and apply to all transactions conducted through the Website by us or any of our affiliated companies. Please read them carefully before using this Website.
1. Who we are and how to contact us
Our Website is operated by Windsor Smith Pty. Limited (we, us or our). We are registered in Victoria, Australia under ACN 004 353 977 and have our principal place of business at 79-86 Western Avenue, Westmeadows VIC 3049. To contact us, please email firstname.lastname@example.org or email@example.com telephone our customer service line on 1800 976 484.
2. By using our Website you accept these terms
Our Website is intended solely for use by persons 18 years of age or older. By accessing or using our Website or creating an account on our Website you represent and warrant that you are 18 years of age or older. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. Your purchases through the Website are governed by these Terms.
If you do not agree to these Terms, you must not use our Website.
We recommend that you print a copy of these Terms for future reference.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
3. There are other terms that may apply to you
4. We may make changes to these terms and to our Website
Every time you wish to use our Website, please check which Terms are current to ensure you understand the terms that apply at that time. We will let you know of any changes by posting them to the Website.
We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities.
Any changes or updates to the Website or these Terms apply from the date that is the earlier of the date that we tell you about them or the date that they are uploaded to the Website.
5. We may suspend or withdraw our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
We reserve the right discontinue any or all of the functionalities of our Website at any time.
6. You must keep your account details safe
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any username or password, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7. How you may use material on our Website
We are the owner or the licensee of content on our Website and in the material published on it including the trade marks, sounds, images, text, software, software code, interfaces, Website structure, videos and copyright works and materials displayed on it, its layout and design (“our intellectual property rights”). Our intellectual property rights may not be copied, imitated or used by you for any commercial or non-personal use, in whole or in part, without the prior written permission from us or our licensors. We take our intellectual property rights seriously and will enforce our rights to the fullest extent permitted by applicable law.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a written licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. We are not responsible for Websites we link to
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by or endorsement from us of those linked Websites or information you may obtain from them.
We have no control over the contents of those other websites or resources or their use of your data.
9. User-generated content is not approved or endorsed by us
This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values. When you upload or post content to our Website, you grant us and our affiliated companies a worldwide, irrevocable, nonexclusive, royalty free, transferable and sub-licensable right for us and our affiliated companies to use, reproduce, translate, modify, create derivative works of, publicly display, communicate and distribute (either electronically or via another media) such content in whole or in part, in the ordinary course of our business.
10. Disclaimer of our liability and your indemnity of us
Nothing in these Terms limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by applicable law. Nothing in these Terms will affect your statutory rights under applicable law.
You agree that we will not be liable to you or anyone else for termination of your access to this Website or your breach of these Terms. You agree to indemnify us and our officers, directors, shareholders and affiliates for any costs, loss, damages, claim or liability made against us or incurred by us by anyone else arising out of your use of this Website in breach of these terms.
(a) Certain liability of ours excluded:
To the maximum extent permitted under applicable law, we will not be liable to you for any special, consequential or indirect loss or damage, loss of profits, loss of revenue, loss of goodwill, loss of data or business information or if we are prevented or delayed from complying with our obligations under these Terms or applicable law by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
To the maximum extent permitted by applicable law, we accept no responsibility or liability at all arising from:
(i) your use of this Website or its content; or
(ii) any interruption or discontinuance of any or all functionalities of our Website (regardless of whether this is the result of actions or omissions by us or one of our affiliates or of a third party); or
(iii) any damage, losses or expenses related to any business of yours including without limitation for any lost data, lost profits, economic loss, loss of goodwill or reputation, lost revenues or business interruption, in all cases except to the extent that you suffer such damage, loss or expense as a result of:
(A) a breach by us of the Australian Consumer Law or other applicable consumer laws; or
(B) our negligent or wilful misconduct.
(b) Certain representations, warranties and guarantees by us are excluded:
Although we make reasonable efforts to keep updated the information on our Website, except for any warranties, representations or guarantees contained or referred to or which are required to be made under applicable law, including Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) and which we cannot otherwise legally exclude under applicable law, we do not make any representations, warranties or guarantees (whether express or implied) that the content on our Website is accurate, available, timely, complete, up to date, suitable for any particular purpose and all other implied warranties, representations or guarantees or terms are expressly excluded.
(c) Your protections under Australian Consumer Law:
If you are located in Australia, you may have certain protections under the Australian Consumer Law.
(i) If you are a consumer user:
Products must be of acceptable quality. This means they must be:
· free form defects;
· acceptable in appearance and finish; and
· durable in consideration of any statements on their packaging or labels or representations that we made to you about them before you bought them.
· match any demonstration model or sample you asked for;
· be fit for the purpose which we told you they would be fit for (and for any purpose that you made known to us before purchasing and which we agreed to); and
· meet any extra promises made by us to you at the time of your purchase about their performance, condition and quality (such as life time guarantees and money back offers).
Our services must:
· be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
· be fit for the purpose or give the results that you and we had agreed to; and
· be delivered within a reasonable time when there is no agreed end date.
Consumer guarantees under the Australian Consumer Law do not apply if you:
· got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
· misused a product in any way that caused the problem;
· knew of or were made aware of the faults before you bought the product; or
· asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.
(ii) If you are a business user:
As a business located in Australia, these rights exist when you buy goods or services for your business which are under AUD$40,000 (or, if over AUD$40,000, which are normally bought for personal, domestic or household use or consumption).
Your business located in Australia will be considered a consumer in Australia and entitled to certain remedies under the consumer guarantees provided in the Australian Consumer Law if something goes wrong.
12. Acceptable use
You undertake and represent that the information or material that you upload or transmit to our Website is accurate, lawfully provided and not misleading.
You must not misuse our Website or use it in any way that infringes the rights of anyone else or by spamming or introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our Website. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website or crawl, frame, edit or broadcast our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
We may report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, any rights granted to you to use our Website will cease immediately. You accept responsibility for your actions and the actions of persons that you authorise to act for you.
13. We are not responsible for viruses
We do not guarantee that our Website will be secure or free from errors, bugs or viruses or will work with your equipment.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
14. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Website other than that set out above, please contact us by telephone on (03) 9046 8100.
15. The laws of Victoria apply to any disputes
These Terms, their subject matter and their formation, are governed by laws of the state of Victoria, Australia. You and we both agree that the courts of Victoria will have exclusive jurisdiction to determine disputes between us and you or to interpret these Terms.
16. Waivers of rights and remedies and variation
No failure or delay by us to exercise any right or remedy provided under these Terms or by applicable law will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy. No variation of these Terms is effective unless expressly agreed by us in writing and posted on or uploaded to our Website by us.
17. Severability of unenforceable or invalid parts of these Terms
If a provision in these Terms is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid. No provision in these Terms will otherwise be affected in any jurisdiction.
18. Rights and remedies under these Terms are additional and not exclusive
Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by applicable law.
19. When risk of loss for products passes to you
Risk of loss and damage of products passes to you on the date that goods are delivered to the address provided by you or left with a person or place nominated by you. We will not be responsible for loss of damage caused after delivery.
20. Entire agreement
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21. Rights to assignment of these Terms
You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
22. The nature of the relation between us
Nothing in these Terms is intended to or will operate to create a partnership, joint venture, commercial agency or distribution, or franchise relationship between the parties, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any presentation of warranty, the assumption of any obligation or liability and the exercise of any right or power).
23. Rights of third parties under these Terms
These Terms do not confer any rights on any person or entity (other than the parties to this agreement and, where applicable, their successors and permitted assigns), save that any of our corporate group members from time to time may enforce these Terms as though they were a party.
We may in our sole discretion and without prior notice to you or prejudice to any other rights or remedies of ours terminate your access to this Website if we determine you have breached these Terms or any other agreements which are associated with your use of this Website.
25. Prices, taxes and payment
You must select one of the payment methods available on our Website when purchasing goods online. We are not responsible for third party payment services and make no representations or warranties in relation to the payment methods available on our Website. Payment in full for all goods purchased on our Website, including the total purchase price, applicable charges, taxes or duties and delivery fees (including any carrier bags or boxes) will be made via your chosen payment method at the time of ordering the goods. You must have sufficient funds or credit to make the purchase. All prices, where applicable, include goods and services tax (GST) in Australia. Where goods are purchased by non-Australian residents, we make no warranty that they are suitable for use outside Australia. The goods are compliant with Australian requirements only. We accept no responsibility for damage in transit or any customs requirements or duties and you are responsible for those and any other taxes or duties or delivery charges that may be applicable to any products or services provided to you.
26. Online returns and exchanges
Returns or exchanges of goods purchased on our Website are only available as set out in our Online Returns Policy ( https://www.windsorsmith.com.au/returns-and-exchanges, https://www.windsorsmithoutlet.com.au/returns-and-exchanges or https://www.lipstikshoes.com.au/returns-and-exchanges respectively).