TERMS & CONDITIONS
No returns will be accepted on garments or accessories unless the items are faulty. Any claims must be notified within 7(seven) days.
Delivery date specified for orders shall be the date upon which the garments are ready for dispatch. Any such delivery date is a genuine forecast in the light of current conditions, but is given without legal commitment and the seller takes no responsibility if the seller is unable to meet it.
If any event, act, error or omission, however caused, prevents the company from delivering the garments by the appropriate delivery date, such date will be postponed for a reasonable period by the company. Beyond this period the company may, without liability, cancel the contract for sale of such garments unless the garments have been made or are in the process of being made..
Title of the goods shall pass to the buyer upon the actual delivery date or when the company notifies the buyer that such goods are ready for dispatch, whichever is the earlier. After such time, the company expressly waives any responsibility for such goods, notwithstanding that the goods may still be in possession of the company. The company is not liable for such loss, damage or destruction of such goods after such time of notification or delivery howsoever caused, even though such loss, damage or destruction may be caused by negligence on the part of the company, its employees, servants or agents. As such, the buyer is advised to insure the garment from the date of delivery or notification.
The ownership of the garment will remain with the company until payment in full has been received by the company in accordance with the terms of the contract. For the purpose of this condition, time of payment will be the essence of the contract.
CANCELLATIONS AND REFUNDS
No refund will be given upon cancellation of a sale unless the company contravenes these conditions of the sale. The company retains the right in its absolute discretion to issue a credit note for the deposit paid on a cancelled sale, subject to production not having started on an order. Under such circumstances, 30% of the sale value will be deducted for administration costs. No refunds will be given where production has commenced. Strictly no refunds will be given on cancelled sale items.
So far as may be permitted by law, the foregoing terms and conditions apply to all sales.
If payment of any instalment or other payment hereunder is overdue in whole or in part the company may, subject to the requirements of any legislation and without prejudice to the company’s rights, resell the garment/accessory and retain the whole or a reasonable part of the deposit and any instalments paid.
A deposit of 50% is payable on the date of sale12. and a further 50% of the total sale is required within 30 days of the sale date or when the garment is read for dispatch, whichever occurs first. Final payments must be made by bank cheque, cash, credit card or electronic funds transfer 13. (A/c Name: Mariana Hardwick Pty Ltd, A/c No: 60-552-0471, BSB: 083-376). Personal or business cheques are not accepted for final payments.
If payment of any instalment or payment hereunder is overdue in whole or in part the company may, subject to the requirement of any legislation and without any prejudice to the company’s rights, cancel the sale and retain the whole or a reasonable part of the deposit and any instalments paid to cover costs as detailed in these terms and conditions of sale.
Subject to these terms and conditions of sale, the company hereby expressly excludes any liability whatsoever including, but not limited to, situations arising from: the use of any goods purchased by the company; the non-performance of such goods in the hands of the buyer; any liquidated damages incurred by the buyer as a result of any act, error or omission by the company, its employees, servants or agents in relation to the above howsoever caused.
Notwithstanding any terms implied by statute, these terms and conditions are the only terms and conditions relating to any contract for sale of goods by the company. None of these terms and conditions can be waived or varied by any employee, servant or agent of the company, and such variations, where applicable must be in writing and signed by an authorized employee of the company.
None of these Terms and Conditions of Sale is intended to affect the Consumer’s statutory rights under the Trade Practices Act, or any other applicable legislation which may be in force from time to time.