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TERMS AND CONDITIONS

SIMON DE WINTER GROUP PTY LTD TERMS AND CONDITIONS

Welcome to the Simon De Winter Group Pty Ltd website (site). Please review the following terms and conditions (terms) that govern your use of and purchase of products from our site. Please note that your use of our website constitutes your agreement to follow and be bound by these terms (the agreement).



GENERAL

 

We may from time to time change the terms that govern your use of our site. Your use of our site following any change of terms constitutes your agreement to follow and be bound by the terms as changed. We may also change, move or delete portions of, or may add to, our site from time to time.



COPYRIGHT

 

This site and its contents are subject to copyright. The copyright is owned by Simon De Winter Group Pty Ltd. You may view this site and its contents using your web browser and an electronically download or copy the parts of this site solely for personal, educational and non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is prohibited. No right, title or interest in any downloaded material or software is transferred to you as a result of any such downloading or copying.



TRADE MARKS

 

This site includes registered trade marks, and other trade marks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trade marks is prohibited.



VIRUSES

 

Although Simon De Winter Group Pty Ltd takes due care, we cannot guarantee that any file or program available for download execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all the risk of use of all programs and files on this site, and you release Simon De Winter Group Pty Ltd entirely of all responsibility for any consequence of its use.



THIRD PARTY SITES

 

This site may contain links to third party sites. Simon De Winter Group Pty Ltd is not under responsibility for condition or contents of those sites as they are not under our control. You access those sites and/or use the sites, products and services solely at your risk. The links are provided solely for your convenience and do not indicate, expressly or imply, an endorsement by Simon De Winter Group Pty Ltd of the sites or the products or services provided on the site. Simon De Winter Group Pty Ltd does not permit any linkages to this site without prior permission.



APPLICABLE LAW

 

This site is controlled by Simon De Winter Group Pty Ltd. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the Courts of Victoria, Australia. This site may be accessed throughout Australia and overseas. Simon De Winter Group Pty Ltd makes no representations that the content of this site complies with the laws (including Intellectual Property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this site.



ON-LINE SECURE ORDERING WITH AUSTRALIA AND NEW ZEALAND BANK LTD

 

Simon De Winter Group Pty Ltd and Australia and New Zealand Bank Limited secure on-line ordering and payment offers secure and efficient way of processing your personal details over the internet utilising the latest SSL (SECURE SOCKETS LAYER) Technology. You will need your credit card details on hand in order to use this method. The ANZ Bank Ltd handles all credit information. No credit card information is seen or stored by Simon De Winter Group Pty Ltd. The ANZ Bank payment gateway provides a receipt number for your transactions.



TECHNICAL REQUIREMENTS

 

On-line ordering at this website requires both Java Script and Session Cookies to be enabled in your web browser.

 

Cookies are used in the online shopping system. They are mainly used to keep track of the products purchased within the online shopping system and to ease the shopping process. We do not and cannot use cookies to retrieve personal or company information about you from your computer unless such information was knowingly and willingly provided by you.



DISCLAIMER

 

You agree that your access to, and use of, this site is subject to the terms and applicable laws, and is at your own risk.

 

This site and its contents are provided to you on "as is" basis, this site may contain errors, faults and inaccuracies and may not be complete and current. Simon De Winter Group Pty Ltd makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Neither Simon De Winter Group Pty Ltd nor its affiliates, directors, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.



INACCURACY DISCLAIMER

 

From time to time there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your orders). We regret any inconvenience this may cause you.



ORDER ACCEPTANCE AND SALE

 

The receipt of an email confirmation does not constitute the acceptance of an order or as a confirmation of an offer to sell. Simon De Winter Group Pty Ltd reserves the right, without prior notification, to limit the order or quantity of any item on an order. We reserve the right to refuse any order for any reason.

 

The description of products in an order is for identification purposes only and the use of such descriptions shall not constitute an order for the supply of products as a sale by description.

 

Simon De Winter Group Pty Ltd reserves the right to eliminate products for sale at any time on the site. We will use all reasonable best efforts to ensure that all products listed are available. Should a product or products become sold out or unavailable for any reason, prior to removal from the site, neither Simon De Winter Group Pty Ltd nor any of its directors, officers, employees or any other representatives will be held liable for damages, replacement or losses as a result of this occurrence.

 

Receiving confirmation of an order, either electronically or otherwise, does not signify our acceptance of the order nor does it affirm confirmation of our products to you. Simon De Winter Group Pty Ltd reserves the right at any time after receipt of the order to accept or decline your order for any reason.

 

All products remain the property of Simon De Winter Group Pty Ltd until the purchase price, and all and any charges and/or interest is paid in full. In any event, the products shall be at your risk as and from the time when the products leave the premises at Simon De Winter Group Pty Ltd.

 

Simon De Winter Group Pty Ltd is entitled to recover (on a full indemnity basis) any and all costs, fees and charges (including legal costs) incurred in recovering the outstanding balance due. Further, and in addition to any right to which Simon De Winter Group Pty Ltd may be entitled by law, we shall be entitled to charge an administration fee of AUD$30.00 for any dishonoured cheques or invalid payments, howsoever made.



PRIVACY POLICY

 

Simon De Winter Group Pty Ltd respects your privacy fully.

 

We will knowingly only use the information given to enhance the shopping experience for our customers, resulting in a more personalised service.

 

Simon De Winter Group Pty Ltd is committed to supporting the "National Privacy Principles" for the fair handling of personal information, which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations.

 

We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the National Privacy Principles. More information about Privacy law and the National Privacy Principles is available from the Federal Privacy Commissioner at www.privacy.gov.au.

 

Any personal information that you submit will be used by us simply to process your orders and to advise you of special offers and new products.

 

We may also share your data with third parties such as financial bodies, credit card companies in order to process transactions No credit card numbers are stored in the system. The credit card details will be passed to the payment gateway as soon as it has been collected. We may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with the law (ii) enforce or apply our agreement or (iii) protect the rights, safety or property of Simon De Winter Group Pty Ltd, our users, or others.

 

Simon De Winter Group Pty Ltd is not involved in the selling, trading or alternative unauthorised use of personal information. We will not knowingly pass on any of your personal details to any other organisation.

 

If we change our Privacy Policy we will post those changes on this site so that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.



EXCHANGE AND RETURN POLICY

 

Simon De Winter Group Pty Ltd unconditionally guarantees all the products we sell online to be free from defective workmanship unless otherwise stated.

 

If you are unhappy with the product or there is a problem with the product that you have purchased you may return the product in accordance with our Exchange Refund policy as set out. Products that have been laundered or altered in any way cannot be accepted for return or refund. Products must be returned in accordance with the Exchange/Refund policy as set out. If you are returning a faulty or a damaged product you must return the product in accordance with the Faulty Product policy set out.

 

When returning any product, please email us first and tell us why you wish to return the product and whether you would like an exchange or refund. Also include the reason for the return, current day time telephone number and address. We will then email you with an authorisation number to be written on the Exchange Form (available on our website). If you want to exchange and there is a discrepancy in price, your credit card will be charged or credited for the difference. The exchange and/or refund of a product is subject always to applicable health laws in Australia. For purchases shipped to an address within Australia, please ensure we receive your products within 30 days of our original shipping date with a completed Exchange Form.

 

For purchases shipped outside Australia please ensure we receive your products within 60 days of our original shipping date with a completed Exchange Form. Please note that we can not take responsibility for your selected method of returning these products and cannot exchange or refund on Products that we do not receive within the stated time lines.

 

Please e-mail your Exchange Form to or fax on 613 9387 2199 or alternatively please speak to our customer service on 1800 623 354.



EXCHANGE/REFUND FOR ALL PRODUCTS OTHER THAN FAULTY OR DAMAGED

 

If you would like to return a product for exchange or refund, please return the product with the Exchange Form. To be considered for exchange or refund, we must receive your products in original condition, accompanied by an Exchange Form. The following requirements must also be met:-

  • All tags must be attached.
  • Products must not have been worn, or altered in any way.
  • Products must be returned in the original packaging.

 

The postage/freight charges for you to send to us for exchange or refund are at your own cost and expense.

 

We reserve the right to return any returned product if in our opinion the product has been mistreated, abused, used, dry-cleaned, washed or soiled in any way.

 

Upon receiving the product, we will exchange the product where possible to another product or size, or if such product cannot be exchanged with a suitable replacement, we will provide a refund.



FAULTY PRODUCT

 

In the event that product you purchase is faulty or damaged, we will replace or refund the product in our absolute discretion.

 

To be considered for exchange or refund, we must receive the product in original condition, accompanied by an Exchange Form. The following requirements must also be met:-

  • All tags must be attached.
  • Products must not have been worn, or altered in any way.
  • Products must be returned in the original packaging in accordance with time lines stipulated.
  • We will nominate preferred freight carrier and advise you.

 

Upon receiving the product, we will inspect it and as long as it is deemed faulty and has not been tampered with, we will (free of charge) send a replacement product . Should a replacement product not be available we will refund you for the value of the product.

Our return address is Simon De Winter Group Pty Ltd

660 Rathdowne St, Nth Carlton Victoria 3054



CUSTOMS & IMPORT DUTIES

 

Your order may be subject to Value Added Tax (VAT), import duties and/or taxes that are levied once your order reaches your country of destination. Simon De Winter Group Pty Ltd ships your product as “duties and taxes unpaid” and does not collect these charges and cannot predict what your particular charges may be. For more information regarding your country’s custom policies, please contact your local customs office.



DELIVERY POLICY AND FREIGHT CHARGES

 

Your order is very important to us and we make every effort to process and delivery your order as promptly as possible. Delivery within Australia can normally be expected within 7 to 14 days. Overseas deliveries take approximately 14 - 21 days.



If your order includes an product that is out of stock, delivery may take up to 30 days depending on the season and availability. All Simon De Winter Group Pty Ltd products are delivered by Australia Post, the Australian Government Postal Service and/or the applicable national postal service for international orders. Australian Air Express is used for delivery within Australia. Orders are thoroughly packed and insured until delivery. Freight charges are calc ulated on the basis of weight of products and location of delivery. We will advise you of freight charges upon confirmation of your order.



FUNDS AND PAYMENTS

 

All Simon De Winter Group Pty Ltd items are priced in Australian currency (AUD). Simon De Winter Group Pty Ltd accepts Visa, Master Card and Direct Deposit (paying directly into our bank account). Simon De Winter Group Pty Ltd also accepts pre-paid orders via fax or money orders drawn on an Australian Bank and payable in Australian currency.

 

Simon De Winter Group Pty Ltd reserves the right to require additional information prior to processing any order. Failure to provide requested information in a suitable and timely fashion will result in a delay of order processing and possible order cancellation. Prices are always subject to change.



TERMINATION

 

This agreement is effective unless and until terminated by us. We may terminate this agreement at any time without notice, and deny you access to our site if, in our absolute discretion, you fail to comply with any of the terms.