Welcome to Fiesta Legwear. Please carefully read the Terms and Conditions governing this Site. Your use and continued use of this Site will constitute acceptance of all Terms and Conditions. Should you object to any of the Terms or Conditions, your only recourse is to immediately discontinue use of this Site. The sole purpose of this Site is to provide online ordering facilities for customers of Fiesta Legwear (“Fiesta Legwear”, “us” or “we”)
We reserve the right to change all or part of the Terms and Conditions at any time. Such changes will be made by publishing the new Terms and Conditions on this Site. Your subsequent and continued use of this Site will constitute acceptance of the changes. Your placing of an Order through this Site is in accordance with these Terms and Conditions current at the time you place your Order.
1.1. Agreement means these Terms and Conditions and any Order placed by you using this Site;
1.2. Catalogue means the list of Goods you can buy from Fiesta Legwear on this Site;
1.3. Delivery Address means the address, within the Delivery Area, where Goods are to be delivered to you, which is referred to in your Registration and may be revised by you on your Order;
1.4. Delivery Area means the areas we may include in our delivery area from time to time;
1.5. Good means each good that is advertised on this Site;
1.6. “Fiesta® Legwear”, “us” or “we” means S & J ROGERS INVESTMENTS PTY LTD (ACN: 131 660 225) trading as Fiesta® Legwear (ABN: 94 879 152 464);
1.7. Order means an order by you to purchase Goods from us using this Site;
1.8. Site means fiestalegwear.com and such other website we may indicate that these Terms and Conditions are to apply to;
1.9. Terms and Conditions mean these Terms and Conditions;
1.10. You is any customer of Fiesta Legwear who places Orders with us through this Site.
2. Registration and Compliance
2.1. To place an Order, You must:
2.1.1. comply with the Terms and Conditions of this Agreement;
2.1.2. comply with all relevant laws;
2.1.3. have only one account for your use only which you can update, revise or terminate through this Site;
2.2. Furthermore, You must:
2.2.1. ensure that your Login ID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
2.2.2. ensure that you are authorised to use your email address and will be solely responsible for its use;
2.2.3. warrant that all information you provide to us is accurate;
2.2.4. promptly let us know of any change to your registration details
2.2.5. notify us through firstname.lastname@example.org you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;
2.2.6. be responsible for any costs associated with your access to or use of this Site, including Internet access fees;
2.2.7. be responsible and liable for any person that uses your Login ID and password to order Goods through this Site;
2.2.8. agree that we may charge you for all Goods that we agree to supply to you that have been ordered using your Login ID and password through this Site.
3. Ordering Goods
3.1. You may order Goods by selecting them from the online store and submitting your Order through this Site in accordance with these terms and conditions;
3.2. Any Order for Goods you place through this Site is an offer by you to purchase the particular Goods for the price notified (including the delivery and other charges and taxes) at the time you place your Order.
3.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders.
On occasions Goods that you order may be out of stock or temporarily unavailable. We will try to ensure that all Goods you order (and any agreed substitutes) are supplied.
3.4. If we reject an Order placed through this Site, 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.
4.1. A total price is initially displayed with your Order. Your final Order total may differ from the estimated total. Items in your order are charged at the price applicable at the time you submitted your order and as shown on the order confirmation.
4.2. We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason. We will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
5. Payment for Orders
5.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
5.1.1. the purchase price of each Good listed in your Order;
5.1.2. the Delivery Fee provided to you at the time you selected the relevant delivery window when placing your Order; and
5.1.3. any other fees and charges set out in this Agreement.
5.2. All fees and charges referred to in these Terms and Conditions and all prices for Goods include GST where applicable.
5.3. The purchase price of each Good is shown on the Catalogue at the time you place your Order.
5.4. Prices for Goods change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Goods in that Order.
5.5. We accept EFTPOS, Visa and Visa Debit. There may be an additional card fee payable for the use of some of these cards. You will be notified of such fee prior to making payment by such card so that you can choose whether to use that card to make payment.
5.6. You authorise us to debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
5.7. If we are unable to successfully process your credit card payment for your accepted Order, then we may notify you of dishonour and cancel your Order.
5.8. If a Good that you have ordered is not available and you do not want to wait, we will provide you with a refund representing the price of the Goods that were not supplied to you. The refund will be made within 3-5 business days to the card or account you used to pay for the Order.
6. Credit and Refunds
6.1. Once we have received an order through our Online Store the order cannot be cancelled. We therefore request that you take care in placing your order.
6.2. You may make a claim for a refund or credit for Goods purchased from us if:
6.2.1. you believe that Goods we charged you for were not provided; or
6.2.2. there is a fault or defect with the Goods you have purchased.
6.3. Please email email@example.com to contact us regarding a faulty Good,. On receipt of your email we will email a Returns Form to you.
6.4. Note that for hygiene reasons we are unable to accept hosiery returns unless the Good is faulty.
6.5. If you believe a Good we have sent you is faulty, and you wish to return it to us, then the following conditions must be met:
6.5.1. You must send the Returns Form duly completed by you, prior to the return of the relevant Good to us, or along with the Good.
6.5.2. The Good must be returned to us, within 14 days from the date of its purchase, together with a copy of the tax invoice showing the purchase of the Good from us.
6.6. We reserve the right to inspect Goods returned to us. If on inspection, we determine that the Good is faulty, a full refund will be made to you, including the reasonable cost of returning the Good to us, OR, we will send you an identical replacement Good, if one is available, and pay for it being sent to you.
6.7. Any Goods being returned to us are at your risk. We will not be liable for any Goods lost in transit in the course of being returned to us.
6.8. We are unable to provide refunds or exchanges where any fault or defect in the Good is as a result of your actions and is not a result of its manufacture or supply to you.
7. Collection or Delivery
7.1. Fiesta Legwear Online Store delivers to addresses within Australia only. We do not deliver to Post Office boxes.
7.2. All Online Store prices quoted are in Australian dollars.
7.3. Orders over $A100 are shipped free of charge.
7.4. Orders less than $A100 will be charged a flat rate of $A10.
7.5. Your order will be shipped within one working day of receiving it where stock is available, and we use StarTrack Express and Australia Post.
7.6. You will receive your order in approximately 2 to 5 working days.
7.7. If stock is unavailable we will notify you by email as soon as possible.
7.8. We will not be liable for delivery delays due to circumstances beyond our control.
7.9. Anyone at the Delivery Address who receives the Goods shall be presumed by us to be authorised by you to receive the Goods. If there is no one at the Delivery Address to receive, and sign for the Order when the Goods are delivered, the Goods, in our discretion, will not be left at the Delivery Address. We may charge an additional delivery fee if we are unable to deliver because no appropriate person is at the Delivery Address.
8. Risk and Title in the Goods
Risk and title in the Goods passes to you upon delivery or collection and payment for the Goods, either at the Delivery Address or at Our Store.
9. Information about the Goods
9.1. We will provide up-to-date pictures and details of the Goods on this Site.
9.2. We attempt to be as accurate as possible and use our best endeavours to ensure, but do not ourselves warrant, that any information provided by our suppliers, including in relation to product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.
10. Third Party Websites
10.1. You must not link to our network from any other website (or otherwise authorise any other person to link from a third party website to our network) without our prior written consent.
11.1. 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
11.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:
11.2.1. you acknowledge that this Site is provided “as is” and that we do not make any warranty or representation as to the suitability of this Site or a Good for any purpose;
11.2.2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to this Site or the subject matter of this Agreement; and
11.2.3. we will not be liable to you for indirect and consequential loss arising from or connected to this Agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
11.3. 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.
12. Intellectual Property Rights
12.1. You acknowledge that Fiesta Legwear or its related entities own or are licensed to use all Intellectual Property Rights in this Site, including the copyright in this Site, any images, photographs or text that appear on this Site, the software, design and graphics comprised in this Site, the selection and layout of this Site, and the content and materials on this Site (together, the “Materials”).
12.2. You must not make any representation to the contrary and you must not use or copy this Site in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
12.3. You acknowledge that any trademarks or logos that appear on this Site are owned by or licensed to Fiesta Legwear or its related entities, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
12.4. You may store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials. You may print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods but not for any other use, including commercial use.
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
15. Relevant Law
The law of this Agreement is the law of South Australia and any action between the parties shall be taken in a Court in Adelaide, South Australia and the parties submit to the jurisdiction of that Court.