TERMS OF USE

  1. GENERAL

1.1.    Shouz.com.au is a website owned by Shouz Pty Ltd (13433739380 ) (“Licensor”). known together with its directors, employees and agents as "We", "Our" or "Us". Your access and use of this website is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of and continued access to this website constitutes your agreement to these Terms and Conditions. Acceptance by you of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions. Without implying any licence to do so, if you pass on any information contained in the website to any other person, you should pass on these Terms and Conditions also and draw it to their attention.

You can browse, select and place orders for products available for purchase online. Use of the Shouz Website is subject to acceptance of these Terms and Conditions.

1.2.    These terms and conditions provided by us govern and apply to your access and use of the website operated by entities within the Shouz Pty Ltd (Site) and any other website, social media accounts, applications, software and other technological products and services operated by us (Platform).

1.3.    The Platform are provided by us to you in order for you to browse, select and order footwear and other accessories (Products) from us and participate in any ancillary services we may provide (Services).

1.4.    Please read these terms and conditions before accessing or using the Platform.

1.5.    Your access to and use of the Platform, including your order of Products and use of Services through the Platform, is subject to these terms and conditions.

1.6.    The terms and conditions also apply to the sale of any Products or use of Services via methods other than the Platform, including sales by telephone, in person via our stores or other means, unless otherwise agreed in writing.

 

  1. DISCLAIMER

2.1.       The information contained on the Platform is provided in good faith on an "as is" basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platform. To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on the Platform.

2.2.       Whilst we make every effort to ensure that the Product images and descriptions used on our Platform are true and accurate representations of our Products, occasionally slight variances in colours, styles, textures and details may occur when viewing images online as compared with in person.

 

  1. INTELLECTUAL PROPERTY

3.1.       You:

(a) acknowledge that the copyright in the Products and Platform, the software, design, text and graphics comprised in the Platform (in particular our branding and photographs of our Products), the selection and layout of the Platform and the content and materials on the Platform (together, the Material) are owned by or licensed to us;

(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

(c) must not frame or embed in another website or application any of the material appearing on the Platform without our prior written consent.

3.2.       You may:

(a) store a reproduction of the content on the Platform on your local computer for the sole purpose of viewing the content and Materials; and

(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

3.3.       This Platform, the Products and any ancillary materials or documents owned or used by us in connection with the sale of the Products and promotion of its business contains registered and unregistered trademarks which are protected by law and other branding, images, content which constitute our intellectual property. You must not use any of the images, marks or trademarks appearing on the Platform or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

 

  1. VIRUSES

4.1.       We do not claim that any information (including any files) obtained from or through the Platform is free from viruses or other faults or defects.

4.2.       You are responsible for scanning any information for viruses.

4.3.       You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

4.4.       If we are found to be liable this will be limited to the cost of supplying the information again.

 

  1. COMPLIANCE WITH THESE TERMS AND CONDITIONS

5.1      You agree to be bound by, and comply with, these terms and conditions by:

(a)  using the Platform, in particular, browsing our Site;

(b)  completing your registration through the Platform; and/or

(c)  obtaining or ordering Products from us using the Platform or by any other method of sale.

 

  1. CHANGES TO THESE TERMS AND CONDITIONS

6.1.       If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

6.2.       Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Platform after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

 

  1. REGISTRATION

7.1.       You may complete the customer registration process through the Platform before placing an order for Products through the Platform. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on the Platform.

 

  1. PLACING AN ORDER FOR PRODUCTS

8.1.       You may order Products by selecting and submitting your order through the Platform in accordance with these terms and conditions.

8.2.       Any order placed through the Platform for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

8.3.       We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Platform.

8.4.       You agree to provide us with current, complete and accurate details when asked to do so within the Platform.

 

  1. ACCEPTANCE OR REJECTION OF AN ORDER

9.1.       We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Platform or in your order, or if you provide us with erroneous or insufficient information in respect of your credit card details, billing information or shipping address.

9.2.       Each order placed for Products through the Platform or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

9.3.       If we reject an order placed through the Platform, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

 

  1. CANCELLING AN ORDER (BY US)

10.1.       Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:

(a)  the requested Products in that order are not available; or

(b)  there is an error in the price or the product description posted on the Platform or in any other sales Platform in relation to the relevant Product in that order;

(c)  we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;

(d)  your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible);

(e)  you have provided us with erroneous or insufficient information in respect of your order including credit card details, billing information or shipping address; or

(f)  that order has been placed in breach of these terms and conditions.

10.2.       If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

 

  1. CANCELLING AN ORDER (BY YOU)

11.1.       Orders may not be cancelled once submitted via the Platform or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please refer to the Contact Us section of the relevant Site from which you ordered and we will endeavor to assist you.

 

  1. DELIVERY OF PRODUCTS

12.1.       Please see the Shipping section on the relevant Site from which you ordered, or intend to order, for more information on our Shipping Policies which form part of these terms and conditions.

12.2.       By using the Platform, purchasing a Product and accepting these terms and conditions you consent to the terms of our Shipping Policies, noting that each of our brands may offer different Shipping Policies. 

 

  1. PRICES, FEES AND CHARGES

 13.1.       The prices of Products and delivery and other charges displayed on the Platform are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

13.2.       All prices shown on the Platform are in Australian Dollars (AUD) unless specifically designated otherwise.

13.3.       We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

(a)  the purchase price of each Product that is ordered;

(b)  the delivery fee for delivering the Products to you; and

(c)  any other fees and charges set out in these terms and conditions or on the Platform.

13.4.       All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Platform are inclusive of GST (unless otherwise indicated).

 

  1. YOUR OBLIGATIONS

14.1.       You covenant and warrant that:

(a)  all information and data provided by you to us through the Platform (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

(b)  the person receiving the Products at the Delivery Address is authorised by you to do so;

(c)  you have and will comply with all relevant laws relating to your use of the Platform and your placement of any order to us;

(d)  you will ensure that your LoginID and password that is used to access the Platform and the details of your account is kept in a safe and secure manner;

(e)  you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;

(f)  you will promptly advise us of any changes to your information provided to us as part of the customer registration process;

(g)  you are responsible for any costs associated with your access to or use of the Platform, including Internet access fees;

(h)  you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Platform;

(i)  you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Platform;

(j)  you will check the labels on the Products before use; and

14.2.        You must not:

(a)  use the Platform for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

(b)  use the Platform in a manner or way, or post to or transmit to or via the Platform any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Platform;

(c)  make fraudulent or speculative enquiries, purchases or requests through the Platform;

(d)  use another person’s details without their permission or impersonate another person when using the Platform;

(e)  post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

(f)  tamper with or hinder the operation of the Platform;

(g)  knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platform;

(h)  use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platform;

(i)  modify, adapt, translate or reverse engineer any portion of the Platform;

(j)  remove any copyright, trade mark or other proprietary rights notices contained in or on the Platform;

(k)  reformat or frame any portion of the web pages that are part of the Platform;

(l)  create accounts by automated means or under false or fraudulent pretences;

(m)  use the Platform to violate the security of any computer or other network or engage in illegal conduct;

(n)  take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

(o)  use the Platform other than in accordance with these terms and conditions; or

(p)  attempt any of the above acts or engage or permit another person to do any of the above acts.

 

  1. WARRANTY AND LIABILITY

15.1.       We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

15.2.       Where we are permitted by law (and subject to clause 15.1):

(a)  we do not warrant or represent the suitability of the Platform or a Product for any purpose; and

(b)  we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platform or the Product.

15.3.       Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

15.4.       If we offer an additional manufacturer’s warranty with any Product, the additional warranty will be subject to any express terms and conditions stated to apply to that warranty and will be subject to law.  Where an additional manufacturer’s warranty is offered, please note that our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

  1. RETURNS

16.1.       Unless you notify us to the contrary by email within thirty (30) days of delivery of any Products and such notification is confirmed by return email within seven (7) days of its receipt by us, the Products shall be deemed to have been accepted by you.

16.2.       Please see the Returns section on each of the Site for more information on our Returns Policies which form part of these terms and conditions. Please note that each of our brands may offer different Returns Policies. Returns for change of mind for Products purchased from a third party retailer must be returned to those third party retailers in accordance with their returns policies and may not be returned to us (with the exception of defective products where required by law). 

16.3.       By using the Platform and accepting these terms and conditions you consent to the terms of our Returns Policies, as applicable to your order.

16.4.       Refunds will be processed to your original payment method. Please allow up to 7 days for your refund to appear in your account dependent on your form of payment and financial institution.

16.5.       Please retain any third-party gift cards or prepaid credit cards for the duration of the return period noting these cards may be subject to the card issuer’s terms and conditions.

 

  1. GENERAL PROVISIONS

19.1.       If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

19.2.       This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

 

  1. PRIVACY POLICY AND YOUR PERSONAL INFORMATION

20.1.       We take your privacy seriously and any information provided through your use of the Platform are subject to our Privacy Policy, which forms part of these terms and conditions.

20.2.       By using the Platform and accepting these terms and conditions you hereby expressly consent to the terms of our Privacy Policy.

 

  1. DEFINITIONS

21.1.       Capitalised terms used are defined in these terms and conditions.

21.2.       In these terms:

(a)  “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

(b)  “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.

(c)  “LoginID” means the email address that you provided to us as part of the registration process to use the Platform.

(d)  “Returns Policy” means our policies governing returns of Products.

(e)  “Shipping Policy” means our policies governing the delivery of Products to you.

 

PROMOTIONS

COMPETITION TERMS AND CONDITIONS

By submitting your email address on the promotional pages on shouz.com.au you agree to receive our Shouz newsletter with updates on new arrivals, competitions, promotions and sales. Please read our Privacy Policy for more information.

 

VOUCHERS

Vouchers are issued in Australian dollars (AUD).

Vouchers are issued on a one-time use per customer and are taken off the total invoice amount.

Limit of one voucher per order can be used.

Vouchers are not applicable to sale items unless stated otherwise.

No cash redemption for a voucher code is possible.

To redeem a voucher code, enter it at the checkout under "Voucher Code" and click "Apply".

If you return an item that was purchased using a voucher, you will be issued a new voucher provided that the item is returned before the voucher expiry date.

 

LOSS OF GOODS

The risk of loss of goods shall be passed to you upon our delivery of the product to Shouz's nominated delivery company. In the case of New Zealand deliveries you authorise for the goods to be left at your specified address and your order will have been taken to be delivered as if they had been signed for. Shouz will not be held responsible for any loss, damage or liability as a result of this authority.

 

SECURITY

When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Shouz makes no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.

 

Shouz GIFT CARD CONDITIONS

Shouz gift cards are sent via email directly to the chosen recipient email address provided by the buyer during the purchasing process. Gift cards should be treated as cash and will not be replaced if lost or stolen. Once the gift card is received in recipient’s inbox, it is deemed activated and may be redeemed for purchases on the Shouz website in the market where it is originally purchased (e.g., gift card issued in Australian dollars are redeemable only on the Australian website). Gift cards cannot be exchanged for cash and no change will be given. Gift cards cannot be reloaded with additional funds. Once the initial value is depleted, the card can no longer be used for transactions. Any balance remaining on the gift card after expiry date will not be available for use. Gift cards expire 36 months from date of activation (date gift card is received via email). The expiry date is prominently displayed on the email originally received. A gift card cannot be purchased using a buy now pay later service such as PayPal and AfterPay, nor can a gift card be used as a payment method to purchase a gift card. The gift card must be loaded with a minimum $10 value and cannot exceed a maximum $500 value. The cardholder can check the remaining balance on their gift card by visiting our website. All purchases (part or whole) paid with a gift card will be refunded back to a gift card as the original payment method.

By purchasing or using our gift cards, you acknowledge and accept these terms and conditions in their entirety.

If you have any questions or require further assistance, please contact our customer support team at customercare@shouz.com.au