Welcome to the Afifa.com.au website terms and conditions for use (“Terms”). This is Australian based business. These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.
Before you place an order with us, if you have any questions relating to these Terms and Conditions please contact our Customer Service Representatives by email.
You should print a copy of these Terms for future reference.
- “Customer Information” means the details provided by you on registration;
- “Product” means a product displayed for sale on the Website;
- “Serviced Areas” means all States and Territories (including External Territories) of Australia.
- “We/us” means Afifa Enterprise, Sydney, Australia;
- “Website” means the website located at www.afifa.com.au or any subsequent URL which may replace it;
- “You” means a user of this Website.
2) USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Website is only intended for use by people resident in the Serviced Areas. We do not accept orders via this Website from individuals outside the Serviced Areas.
2.2.1 By registering as a user of our Website, you warrant that:
- (a) the Customer Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
- (b) Please notify us immediately of any changes to the Customer Information by contacting our Customer Service Representatives by email;
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2.2.3 You must be a registered user of our Website in order to make orders and access certain features of the Website. You agree not to use another registered user’s account without our, and/or the other user’s express prior consent.
2.3 Our rights
We reserve the right to:
- (a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) or terminate or limit your access to the Website, including your access to your registered user account, your account details or other information contained within your account, with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website or termination or limiting of your access; and/or
- (b) change these Terms from time to time in accordance with clause Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms. Subject to clause 17.9, changes will take effect immediately upon being posted on the Website. Please visit this area of the Website periodically so you will be continually aware of the Terms.
3) PURCHASE OF PRODUCTS
3.1.1 By placing an order through our Website, you warrant that you are (and agree that you will otherwise not be eligible to order if you are not):
- legally capable of entering into binding contracts;
- at least 18 years old;
- resident in the Serviced Areas;
- accessing our Website from within the Serviced Areas; and
- using and will use the Website in accordance with these Terms.
3.1.2 When placing an order you will be automatically added to our promotional emailing list. You can opt out of promotional email activity at any time by clicking on the “unsubscribe” link at the bottom of any marketing email or by updating your Mailing Preferences when you log in to your account. It may take up to 7 days for the change to take effect. You will remain opted out of promotional email activity until you change your Mailing Preference again.
3.2 How the contract is formed between you and us
3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. Any order received from your registered user account will be taken to be an offer made by you, regardless of whether the order was in fact placed by you or not. All orders are subject to acceptance by us at our sole discretion, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation, at which time they will become the subject of a separate Contract.
3.2.3 Non-acceptance of an order may be, without limitation, a result of one of the following:
- – The Product you ordered being unavailable from stock.
- – Our inability to obtain authorisation for your payment.
- – The identification of a pricing or Product description error.
- – You not meeting the eligibility to order criteria set out in these Terms.
3.2.4 If you do require any information regarding orders you have placed with us please email us;
4) CONTRACT CANCELLATION
4.1 You may cancel your order (or any part thereof) at any time [and for any reason] prior to our sending of the Dispatch Confirmation for the Product which is subject to the cancellation request.
4.2 To cancel a order, you must inform us in writing. Please visit our contact us page.
4.3 We will confirm within 2 working days that your cancellation has been accepted and refund the price of the Product subject to the cancellation within 5 working days of our confirmation.
4.4 Once a Dispatch Confirmation has been sent, your rights to cancel the Contract will be governed by ourExchange and Returns Policy.
4.5 This clause 4 does not affect your statutory rights.
5) DESCRIPTION OF PRODUCTS
5.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the price of a Product in the Dispatch Confirmation. Products listed on the Website as available may not be available immediately or at all.
5.2 Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.
6) PRICE AND PAYMENT
6.1 The price of any Products will be as confirmed in the Dispatch Confirmation. The price of Products exclude delivery costs, which will be added to the total amount due for the Products and will be shown in the Dispatch Confirmation. In the event you do not agree to any price shown in the Dispatch Confirmation, you may exercise your rights under our Exchange and Returns Policy.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.3 Every effort has been made on this Website to ensure that shopping online is safe and secure. Afifa.com.au cannot be responsible for the fraudulent use on our Website of a lost credit card, but will assist your credit card company where necessary once you have reported the fraud to them.
6.4 Pricing and VAT outside of the Australia
6.4.1 If you order Products from our Website for delivery outside the Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
6.4.2 Afifa.com.au has a policy of charging all customers the same throughout the world, so that the price paid in Australian dollars is the same wherever customers live (except for the cost of delivery). Afifa.com.au is not responsible for the exchange costs where you pay in a currency other than Australian dollars. None of the significant additional administrative costs for overseas orders are passed on to customers. Equally, an effective reduction in prices through reclaiming VAT is not available.
6.4.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
7.1 From receipt of your order and payment in full we aim to deliver to the Serviced Areas within 12 working days, stock permitting and subject to you providing us with the correct delivery address. Please add an extra 4 working days if you require customisation. For monogramming and customisation details please see our Website.
7.2 For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.
7.3 If you require further information (such as delivery outside of the Serviced Areas) please see our Delivery page
8) RETURN OF GOODS
8.1 Subject to the following clauses, non-sale Products purchased via the Afifa.com.au Website can be returned to us for a full refund or exchange within 21 Days of the date of dispatch.
8.2 When you return a Product to us and request for a refund or exchange:
- (a) You are entitled to return purchased products within the 21 Days period above given that you can provide proof of purchase (receipt, confirmation email or order number). We will examine the returned Product and will confirm via email whether you are entitled to the requested refund or exchange.
- (b) Where you have requested for a refund, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the Product, including the original cost of sending the Product to you.
- (c) Where you have requested for a exchange, we will process the exchange as soon as possible subject to the availability of the item which you have selected to be exchanged with the returned Product. We will refund you the original cost of sending the Product to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to an exchange for the Product.
- (d) Customer has to pay the charge of Return of the Product.
- (e) You will not be entitled to a refund or exchange of the Product where: we have not received your returned Product; it is apparent from the condition of the returned Product that you had not taken reasonable care of the Product while it was in your possession; and you have not returned the Product within the period referred to in 21 days.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.4 If you require further information please see our Returns page.
8.5 This clause 8 does not affect your statutory rights.
9) THIRD PARTY LINKS
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and we are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
You may not link to the Website without our express prior consent.
11) COLLECTION STATEMENT
Afifa.com.au may have obtained your information from a commercial list provider.
12) AFIFA.COM.AU GIFT VOUCHERS
12.1 Afifa.com.au paper gift vouchers can be exchanged for goods in all Afifa.com.au LTD shops, and can also be used to purchase Products online at Afifa.com.au and over the telephone from Afifa.com.au. Please note however that email gift vouchers cannot be redeemed in store.
12.2 Gift vouchers may not be exchanged for cash.
12.3 If the Products purchased online total less than the value of the gift voucher, any balance will be left as a credit for you with https://www.afifa.com.au, and can be redeemed against subsequent orders.
12.4 Gift vouchers may not be used to discharge indebtedness on any account issued by Afifa.com.au.
12.5 When redeeming gift vouchers online or over the telephone you will be required to give the serial number of the voucher. This may be used once only. Email gift vouchers must be used in conjunction with the email address to which they were mailed and can only be used online.
12.6 Gift vouchers are void if the perforated tear-off area has been removed.
12.7 You rights to return Products you have purchased online using gift voucher/s will be governed by our Exchange and Returns Policy, save that refunds will only be issued as credit on your online shopping account against further purchases. This does not affect your statutory rights.
12.8 We are not responsible for lost or stolen gift vouchers or any fraudulent use thereof. We advise you to treat gift vouchers like cash and we will not replace or refund them.
13) MULTI-BUY OFFERS
13.1 Multi-buy offers (for example, buy 4 Dress for $199) only apply to those products to which the multi-buy offer applies and are clearly displayed as such.
13.2 Multi-buy offers are not valid when used in conjunction with any other promotions.
13.3 The multi-buy offers do not include gift wrapping, postage or customisation, which are charged in addition to the price of the Products.
13.4 If any Products which form part of a multi-buy offer are returned to us for a refund, you will be refunded the full price of that item less the total discount given in the offer. If any Products which form part of a multi-buy offer are returned for exchange with an item not included in the same multi-buy offer, you will be charged the difference between the discounted price and the full price item. Otherwise, your rights to return the Product is governed by our Exchange and Returns Policy.
13.5 Please note that items in the clearance section of our Website have already been heavily discounted and cannot be bought in conjunction with any other offer, including the multi-buy offers.
13.6 Paypal as a method of payment is not accepted if the customer is using account credit, a money off voucher, a groupon or living social voucher or a gift voucher.
14) MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS
14.1 Money-off vouchers and voucher codes are not exchangeable for cash and only one voucher can be used per transaction. Money-off vouchers and voucher codes cannot be used to purchase gift vouchers.
14.2 A money-off voucher and voucher code cannot be used in conjunction with any other voucher or voucher code.
14.3 Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated. We are sorry but electronic (email) vouchers cannot be redeemed in our stores.
14.4 If you return to us for a refund a Product which has been purchased with a money-off voucher, we will refund to you the full price of that item less the value of the voucher used. Otherwise, your rights to return the Product is governed by our Exchange and Returns Policy.
14.5 Money-off vouchers and promotional discount codes cannot be used towards alterations and delivery charges.
15) PRIZE DRAWS
We also operate prize draws from time to time which are governed by relevant terms and conditions.
16) OUR LIABILITY
16.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.
16.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. We also exclude all other liability to your or any other person for any loss or damage of any kind or nature relating to your use of the Website, which is provided ‘as is’, to the maximum extent permitted by law, including but not limited to loss or damage that you or any person might suffer as a result of:
- (a) any information provided on the Website being inaccurate, incomplete or inadequate;
- (b) you acting or not acting, on the basis of any information provided on the Website and/or any linked website;
- (c) property damage arising out of your access to and use of the Website;
- (d) third party unlawful conduct, including unauthorised access to or use of Customer Information or any other information stored on our servers or Website;
- (e) interruption or unavailability of the Website; and
- (f) infections, viruses, worms, Trojan horses or other harmful components which may be transmitted on or through the Website or through any communications with us.
16.4 We are not responsible for any special, incidental, indirect or other consequential losses which happen as a side effect of the main loss or damage, including but not limited to:
- (a) loss of income or revenue;
- (b) loss of business;
- (c) loss of profits or contracts;
- (d) loss of anticipated savings;
- (e) loss of data; or
- (f) waste of management or office time,
However arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 16.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 16.1 or clause 16.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 16.5 or clause 16.3.
16.5 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
16.6 This clause 16 does not exclude or limit in any way our liability:
- (a) for death or personal injury caused by our negligence;
- (b) under the Australian Consumer Law scheduled to the Competition and Consumer Act 2010 (Cth);
- (c) for fraud or fraudulent misrepresentation; or
- (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17) EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) strikes, lock-outs or other industrial action or labour difficulty;
- (b) act of public enemy, civil commotion, sabotage, blockade, revolution, insurrection, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) act of God, lightning, fire, explosion, storm, flood, earthquake, subsidence, epidemic, explosion, cyclone, tidal wave, landslide or other natural disaster or adverse weather conditions;
- (d) embargo, inability to obtain any necessary materials, equipment, facilities or qualified employees, power or water shortage, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) breakage or accident or other damage to machinery;
- (f) impossibility of the use of public or private telecommunications networks; and
- (g) the acts, orders, rules, decrees, legislation, laws, regulations or restrictions of any government or other competent authority or the effects thereof.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 Intellectual property and right to use
18.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited. The ‘Afifa.com.au’ mark is a registered trade mark of Afifa Enterprise and the use or misuse of this mark, without our express prior consent, is strictly prohibited. Nothing contained on this Website or your permission to access or use of the Website shall be construed as granting any licence or right to you to use any intellectual property rights in the content on the Website, except as provided in these Terms or with our express prior consent.
18.1.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.
18.1.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
18.1.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content, except as permitted by these Terms, by law or with our express prior consent.
18.2 Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website (including any standards, content requirements or codes established by any relevant authority such as industry codes of practice). In particular, you agree not to:
- (a) engage in any activity which adversely affects the Website or another user’s use of the Website or servers or networks which host the Website; and
- (b) interfere with security features of the Website including features which prevent or restrict certain uses of the Website.
You agree to indemnify us, our affiliates and our respective directors, employees, agents and licensors from and against all loss, damage or liability incurred or suffered by us arising out of any action, suit, claim, demand or proceeding by any person against your or us in connection with your conduct or breach of these Terms.
18.3 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Afifa.com.au. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17.3 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.5 Transfer of rights and obligations
18.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
18.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18.8 Entire Agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18.9 Our Right to Vary these Terms
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
These Terms and the Contracts shall be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of Australia. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Australia.
18.11 Business Registration
Currently we are running this business under ABN 95244780469, as a sole trader.