“Conditions” - means these terms and conditions.
“Contract” - means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order.
“International” - means countries other than Australia.
“Order” - means an order placed by You via this Website for one or more Products.
“Personal Information” - means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details.
“Product” -means any product advertised on this Website.
“We/Us/Our” - means Present and Future Holdings Pty Ltd (ACN 145 290 286).
“Website” - means RockbillyDames.com which is operated by Us.
“You/Your” - means a user of this Website.
Application of these Conditions
These Conditions apply to use of this Website and are the conditions on which We will supply any of the Products to You; by placing an Order You agree to be bound by these Conditions. By ticking the ‘I have read and accepted the Terms & Conditions’ button at the end of our customer registration process, you mark your acceptance of these Conditions. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website. The Conditions applicable to the purchase of Products offered for sale through this Website and the equivalent conditions for sale through our Brisbane Studio and elsewhere shall be mutually exclusive.
When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
Please Contact Us if You have any questions relating to these Conditions or ordering the Products generally by using the contact us page.
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to Your computer and/or email address to prevent unauthorised access to Your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves. All Products are subject to availability; We undertake stocktakes to ensure the greatest accuracy in Our stock levels, however if any Product on Your Order is unavailable we will notify You as soon as possible and refund Your card or Paypal account/credit Your customer account (whichever was used to place the Order) the amount paid for that Product and either dispatch the rest of Your Order immediately or request confirmation that the Order is still wanted.
Prices appearing on this Website are inclusive of sales tax (where applicable) at the current rates. The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge outlined in the “Delivery Information” section below. Please note that all prices on this Website are for on-line purchases only.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not order Products via this Website if You are younger than 17 years of age. All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email that confirms that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.
You may cancel a Contract and obtain a refund any time within 7 days after receipt of Products by notifying Us in writing and returning the Products to Us (See “Returning Products” below).
There are multiple ways for You to pay for Your Order. We accept:
- Mastercard and Visa credit cards via the Paypal Web Interface
- PayPal Express
- Direct Deposit to our NAB account
Simply complete the details when prompted to do so in the checkout section of this Website. You confirm that the card or PayPal account being used is Yours. We may undertake searches with credit reference agencies for the purpose of verifying Your identity and the Personal Information You submit as part of an Order. To do so the agencies may check Your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also use Your details in the future to assist other companies for verification purposes. By submitting Your Order You agree to this.
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising from Your use of this Website or out of the use of this Website by any person using your account.
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product at time of Purchase. However, any Product found to be unfit for purpose or faulty will be eligible for a refund of return postage up the original cost of dispatch postage (please see Returns info).
We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing in these Conditions shall limit our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees, under the relevant sections of the Australian Consumer Protection Laws, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
English language is the only language offered for the conclusion of this Contract.
We may assign or transfer any of Our rights or obligations under this Contract. You may not assign or transfer any of Your rights or obligations under this Contract.
If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any part of these Conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted and the rest of the Conditions shall continue to be valid.
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
These Conditions shall be governed by and construed in accordance with Australian law and You hereby submit to the exclusive jurisdiction of the Australian courts.