1. In General
In these Terms of Service, “we”, “us”, “our” or “Ardor” means Ardor Apparel Co. and Ardorapparel.com.au.
Access to and use of this Website and the goods and services available through this Website (herein, the “Services”) are subject to the following terms, conditions and notices (“Terms of Service”). By using the Services, you as a user are agreeing to all the Terms of Service, as may be updated by us from time to time. You are advised to check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.
Ardor Apparel Co. collects customer information in an effort to improve our customer’s shopping experience and communicate with out customers and subscribers about our products, services and promotions.
We collect information such as your name, email and postal address and credit card numbers, that you provide upon registration of an account with us, when placing an order or when you participate in promotions, competitions or surveys. Ardor Apparel Co. may use your personal information collected online to process and fulfill your orders. In addition, records of your purchase information along with site usage and traffic patterns may be used to improve our site design and the products and services that we offer. Ardor Apparel Co. treats the collection and use of personal information with the utmost care and respect and are committed to protecting the privacy of our site visitors and customers.
Ardor Apparel Co. will not sell, trade or otherwise disclose your personal information to third parties but for where it facilitates the service provided to our customers. We will provide personal information to third parties that assist us in operating our website, conducting our business, or servicing our customers to fulfill orders and deliveries. Personal information may also be provided to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of Ardor Apparel Co., our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Ardor Apparel Co. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Ardor Apparel Co. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Ardor Apparel Co. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Ardor Apparel Co. or its licensors.
5. Registration of User
You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
6. Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays for which we will not be responsible.
In order to contract with Ardor Apparel Co. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Ardor Apparel Co. retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
A. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
B. Pricing Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
7. Disclaimer of Liability
A. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
B. Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
C. In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be 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.
D. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Ardor Apparel Co. is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Ardor Apparel Co. for breach of the Non-Excludable Provision is limited to one or more of the following at Ardor Apparel Co.’s option:
a. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
b. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
E. Subject to Ardor Apparel Co.’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Ardor Apparel Co. is not liable for, and no measure of damages will, under any circumstances, include:
a. special, indirect, consequential, incidental or punitive damages; or
b. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
c. whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
8. Sharing of Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless Ardor Apparel Co., its constituent partners, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
Ardor Apparel Co. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.