Terms & Conditions
Website Use - Terms & Conditions
Introduction
You should read these Terms and
Conditions carefully. This website is owned and operated by Fusion Retail
Brands Pty Ltd trading as Diana Ferrari ABN 44 151 836 083 (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 web site to any other person, you should pass on
these Terms and Conditions also and draw it to their attention.
Your Information
You must ensure that all
information provided by you in making use of this website is and remains
accurate and complete.
Orders
We reserve the right to accept or
reject your order for any reason, including, without limitation, the
unavailability of product, an error in the price or the product description
posted on this website, or an error in your order. We may also cancel your
order if you provide erroneous or insufficient information in relation to your
credit card details (including number, expiration date or card security value,
if required), billing information or shipping address.
Prices and
Product Descriptions
Care is taken to provide product
prices and descriptions on the website that are as precise as possible, however
we cannot guarantee the accuracy of all information posted. Prices may be
subject to change due to circumstances beyond our control and typographical
errors may occur. Prices online may vary from prices in-store due to special
promotions, regional variations or mark downs.
We will do our best to ensure that our products on the website are reproduced
as accurately as possible, however there may be subtle colour variations
between the actual product and the website.
Prohibited
Conduct
You must not:
- provide false information
when making any orders through the website;
- tamper with, hinder the
operation of, or make unauthorised modifications to the website; or
- modify, adapt, translate, or
reverse engineer any portion of the website.
No Representations
We make no representations about
the accuracy, reliability, completeness or timeliness of the content of this
website. The content of this website may contain inaccuracies or
typographical errors. Your use of this website and the content is at your
own risk. Changes are made periodically to the content of this website
and may be made at any time.
Binding
Conditions and Variations
These Terms and Conditions set
out the entire understanding between Us and you with respect to their subject
matter. We may amend these Terms and Conditions at any time by posting the
amended Terms and Conditions on this website. The amended Terms and Conditions
will be effective immediately and you will be bound by the amended Terms and
Conditions from that time. These Terms and Conditions may not be amended
otherwise. You should visit this page periodically to review the Terms
and Conditions.
Exclusions and
Limitations of Liability
All statutory or implied terms,
conditions or warranties concerning the quality or condition of this website or
any goods, information, service, material, advice or recommendation supplied by
Us to you through this website is excluded to the fullest extent permitted by
law. If We breach any term, condition or warranty which is implied by law and
which cannot lawfully be excluded, Our liability for a breach of the applicable
term, condition or warranty is limited, to the extent permitted at law, to, at
Our election: (a) the resupply of the relevant goods or service; or (b) the
payment to you of the cost of having the relevant goods or service supplied
again. Except to the extent that liability may not lawfully be excluded, We
will not be under any liability to you (or any of your officers, agents or
employees) for any loss of profit or anticipated profit, loss of data, loss of
use, damage to goodwill or loss due to delay, or other direct or indirect loss
or damage (including without limitation consequential loss or damage,) however
caused (including without limitation due to breach of contract, negligence
and/or breach of statute) which may be suffered or incurred or which may arise
from or in connection with your use of this website or your use of or reliance
upon any of the information, services and/or materials contained in it or
provided by it to you or Our negligence or Our breach of Our obligations under
these Terms and Conditions.
We do not warrant that any of the functions contained in this website or your
access to this website will be uninterrupted or error-free, or that any
notifications, will be made in a timely manner, or at all.
Indemnity
You must indemnify Us and hold Us
harmless against all loss, actions, proceedings, costs, expenses (including
legal fees), claims and damages arising from any breach by you of these Terms
and Conditions, your access and/or use of this website or reliance on its
contents or information received through it by you or any person accessing any
content through you.
Links to Other
Sites
We may from time to time publish
links to other websites on this website. Contents, hyperlinks or information
held on other sites is not under Our control and We are not responsible for the
content of any such sites or any hyperlink contained on such sites. You agree
to any terms of access or use imposed by those linked sites. We do not endorse
any material on any linked sites and do not provide any warranty, or assume any
responsibility, regarding the quality, accuracy, source, merchantability,
fitness for purpose or any other aspect of the material on any linked sites,
nor do we warrant that material on any linked sites does not infringe
intellectual property rights of any other person. Any dealings you have with a
linked site are at your own risk. We accept no liability for any act,
omission or default, whether negligent or otherwise, or any loss or damage
occasioned by such negligent act or omission of any service provider or third
party in respect of a linked site.
Copyright and
Trade Marks
The materials displayed on this
website, including without limitation all information, text, graphics, names,
logos, trade marks, design, software and advertisements ("Content")
are protected by copyright, trade mark and other intellectual property laws
unless expressly indicated otherwise on this website. You may access and
display these pages on a computer or a monitor, and print out for your
personal, non-commercial use any page or part of any page of this website. All
other use, copying or reproduction (including reproduction on any other
website) of any part of this website is prohibited unless expressly stated
otherwise. You must not use this website in any manner or for any purpose which
is unlawful or which violates the rights of any owner of any content. Unless
expressly stated otherwise, nothing contained in this website should be
construed as a licence or right of use of any trade mark displayed on the
website without the express written permission of the owner of the trade mark.
Viruses
We do not represent or warrant
that this website and any other information or material contained in,
downloaded or accessible from this website, is free from computer viruses,
worms, trojans or any other harmful code which may affect your software
or systems. You should protect your software and systems by installing and
implementing your own security and system checks.
Governing Law
The laws of Queensland govern
these Terms and Conditions, and you submit to the exclusive jurisdiction of the
Courts of Queensland and the Federal Court of Australia.
Termination
We may terminate these Terms and
Conditions and your access to this website at any time without notice. In
the event of termination you are no longer authorised to access the
website. All restrictions imposed on you, disclaimers and limitations of
liability set out in these Conditions or Use will survive termination. We
reserve the right to withdraw access to this website at any time without
notice. You must terminate your link to this website if we request you to do
so, either directly or by notice on this website.
© 2011 Fusion Retail Brands Pty
Ltd ACN 151 836 083