FURLA AUSTRALIA WEBSITE TERMS OF USE

 

General Terms of Use

1. Information about us

This page sets out the terms of use (Terms of Use) of our website, https://www.furla.com/au/en/. These terms include the terms and conditions on which we supply our products as listed on our website (Products).  By using our website, you accept these Terms of Use and our Privacy Policy .

A reference in these Terms of Use to ‘we’, ‘us’ or ‘our’ or ‘Furla’ means Furla Australia Pty Ltd. 

2. Availability

Our website is only intended for use by people who are either resident in Australia or are purchasing Products to be delivered in or to Australia. We do not accept orders for deliveries to any countries other than Australia.

3. Changes to Terms of Use

We have the right to revise and amend these Terms of Use from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.  You should check this page from time to time to make sure you are aware of any changes.

You will be subject to the policies and Terms of Use in force at the time that you order Products from us, unless any change to those policies or these terms 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 before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary).

4. Agreement to Terms of Use

By using our website and/or placing an order for one or more Products through our website, you agree:

  1. to be bound by and comply with these Terms of Use;
  2. you are purchasing Product(s) for your own personal and non-business use; and (c) you are purchasing Product(s) for delivery in Australia.

You will need to click on the button marked "I Accept" at the end of the purchasing form conditions if indicate you accept these Terms of Use.  If you do not accept these Terms of Use, you will not be able to order any Products from our website. 

5. Collection of personal information

Any personal data that we gather from you will be treated in accordance with our “Privacy Policy” available at https://www.furla.com/au/en/privacy -notice- au  

 

Website Content and Third Party Sites

6. Intellectual Property

The content and materials displayed on our website are owned or controlled by Furla Australia and are protected by copyright, trade mark and other intellectual property laws in

Australia and overseas. This includes all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trade marks,. You may only use the content for your own personal purposes, and may not otherwise use, copy, reproduce, modify, publish or transmit the content without our prior written consent.

7. Accuracy of information

We use reasonable endeavours to ensure that the information we include on our website is accurate and up-to-date.  But we cannot guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time.  We do not guarantee that use of our website will be uninterrupted or error-free, or that materials accessible on or through the website will be free from errors, viruses, worms or other harmful codes.  To the extent permitted by law, all liability is excluded for any loss (including indirect loss), damages or injury resulting from your access to (or inability to access) or use of this website, or as a consequence of any content or information obtained from or through this website.

8. Links to and from our site

We may decline requests from third parties to create links to our website from third party sites at our discretion.  Where Furla Australia accepts a link request, this in no way represents an endorsement of the owner of the linked site or the content on the site, and unless expressly stated by Furla Australia, does not represent an association or affiliation with the third party site content, or the site’s owner or operator.  Furla Australia bears no responsibility or liability for any content of any site that links to the Furla Australia website, whether or not Furla Australia has consented to the linking.

In turn, our website may contain links or references to third party sites.  We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk.  Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.

 

Purchasing a Product

9. Process for ordering a Product

To purchase a Product through our website, you first need to create an account with us, or log-in to your existing account.

To purchase a Product, you must (i) add the selected Product to your online “Shopping Bag” by clicking on the relevant button, (ii) fill in the online order form, (iii) nominate a payment method, (iv) accept the Terms of Use and the Privacy Policy and (v) submit the order to finalise your purchase (Purchase Order). After you complete your purchase, you will receive an email confirming your purchase ( Order Confirmation). 

10. Refusal of Order 

We may refuse an order (even following Order Confirmation) within 30 days of the date of purchase at our discretion, where:

  1. the Product is not available;
  2. there is any reported, or suspected, fraudulent or illegal activities, including any suspected purchases made for commercial purposes; or
  3. you have not fulfilled your obligations under any previous orders or other arrangements with us.

We will email you if for any reason any part of your ordered Products are unavailable. Where only part of your order is unavailable (for example, where you have ordered multiple Products), we will refund you that part of your order and will complete your order for those Products that are available. 

11. Product Availability

Information about our Products (along with the relevant Product codes) and our Product prices are available on our website. The Products available on our website are a selection of items normally available in stores; however, we do not guarantee that Products available through our website will also be available instore, or that Products available instore will also be available through our website. We also do not guarantee that any of the Products shown on our website will be in stock. 

We reserve the right at any time to limit quantities and/or type of Products available on the website. The style, models and colours of the Products described may be changed without notice.

12. Maximum Orders

The maximum number of pieces for each Product you may order is 5 (per SKU) and 25 items in total for each Purchase Order.   

 

Price and Payment

13. Prices listed on our site

The prices listed on our website are the retail price of the Products and are the prices at which our Products can be purchased through our website. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

We endeavour to ensure that all our Product and pricing information is correct and accurate at all times. In the unlikely event that, due to genuine and obvious error, the pricing of a Product on our website is incorrect, we will either contact you to inform you of the error and to let you know we will reject your order. You will also be given the opportunity to purchase the Product at the correct price. We are under no obligation to fulfil any orders for Products at the incorrect price, even after we have sent you an Order Confirmation, in cases where the pricing error is obvious and genuine and could have reasonably been recognised by you as a mispricing.

14. Taxes and charges

The prices of the Products are indicated on the website in Australian dollars and are inclusive of all applicable taxes and charges, including GST. 

The cost of delivery, if any, (Delivery Costs) will be listed as a separate item in your online Shopping Cart and will be confirmed and added to your purchase total when you complete your online order.  

15. Method of Payment

Payment can be made through our website using your nominated payment method (accepted payment methods being AMEX, POLI, PAYPAL, MASTERCARD, VISA). You will only be debited the relevant order amount due from your nominated payment method once we confirm the availability of your ordered Product(s). For more details please check here.

If we are unable to debit the amount due from your nominated payment method, we will send you written confirmation (by email) and the order will be cancelled.  

16. Cancellation Period

You may cancel your order for a full price (non-sale) Product at any time within fourteen calendar days of the date you receive the Product(s) included in your Order Confirmation (the Cancellation Period).  If you cancel your order during the Cancellation Period, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in our “Refunds” section below). To cancel an order, you must inform us in writing within the Cancellation Period using the contact details set out in the “Contact Us” section of our website. 

 

Delivery

17. Delivery 

Products purchased through our website will be delivered by a courier or delivery service selected by us. Ordered Products will be delivered on weekdays only (and not Saturdays, Sundays or local or national public holidays). We will provide you with an estimated delivery date in your Order Confirmation. We will endeavour to deliver your order by this delivery date or otherwise within a reasonable time of the date of your Order Confirmation.  Delivery of your order is subject to our local delivery service which may affect delivery times. We will send you confirmation via email once your order is dispatched.

If delivery has not occurred by the delivery date, you may inform us by sending a message through our contact form, available at https://www.furla.com/au/en/contact-us-au/. If your Product has not been dispatched (and is not otherwise already in transit), then you may be able to request a new delivery date or you may instead wish to cancel your order (and receive a full refund of all amounts paid by you for that order without undue delay).

18. Exclusions to delivery

We will not deliver to:

  1. PO boxes;
  2. lodging facilities such as hotels or inns, public facilities, airports and ports;
  3. entities or individuals which provide products forwarding services overseas; or
  4. any other locations where we reasonably determine that the address of the customer is unknown or cannot be confirmed.

Ownership and Risk

The risk of loss of or damage to your ordered Product(s) shall pass to you when you (or a third party acting on your behalf) has acquired the physical possession of the Product(s).

Ownership of your ordered Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including Delivery Costs.

 

Refunds

19. Our Refunds Policy

a. Faulty Products

In the unlikely event that an item you receive from us has manufacturing defects or is otherwise faulty, you must contact Online Support by using the following contact form: https://www.furla.com/au/en/contact-us-au/  We will then give you instructions about how to return the Product to us in order to claim a refund or exchange.

b. Change of mind returns

Change of mind returns on full price (non-sale) Products can be made for any reason within 30 days from the date of delivery of such Products. An exchange or refund of the Product purchase price (excluding initial and return Delivery Costs) will be provided for change in mind returns.

A full refund will be provided. 

c. Processing refunds

To return a Product to us, please contact us using the Contact Form provided at the following link: http://ecommercereturns.furla.com. You will be required to provide us with the number of your relevant Order Confirmation and with the email address that you used to purchase the Product.

When you return a Product, we will examine the returned Product and will confirm by email your request for a refund or exchange within a reasonable period of time.  Unless you request an exchange, Products returned to us because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. The cost of sending the item to you in first instance will be refunded to you only where the Product was not part of a multiple order.

For all returns other than faulty Products, we will refund you the price you paid for the Product, but excluding the initial Delivery Costs. You will be responsible for the cost incurred by you in returning the item to us. 

Refunds will be processed as soon as possible and, in any case, within 2 months from the date you contact us using the Contact Form, or in the case of a faulty Product, within 2 months from the date we confirmed you of your refund via email. 

We will usually refund any money received from you by deposit to the same nominated payment method use by you for the purpose of purchasing the Products, or in the event it is not possible to do so, the refund will be executed by Furla by bank transfer.  

d. Your obligations

You have a legal obligation to take reasonable care of the Products while they are in your possession, and also to return any Products in the same condition in which you received them. We may have a right of action against you for compensation and no refund will be granted:

    1. if there is evidence that the Products have already been used (wrinkles, damage, odours);
    2. if there is evidence that the Products have been incorrected stored or treated after receipt by you (stains, scuff marks);
    3. if the Products were originally purchased in a store;
    4. If the Products were not purchased from us;
    5. If you cannot prove that you purchased the Products;
    6. if the Products do not have their attached tags;
    7. if part of the Products, or accessories, are missing;
    8. if packing materials are missing; or ix. if the statement of delivery enclosed when sending the Products is not also returned.

e.  Non-refundable Products

Subject to applicable laws, change of mind returns are not available for sale items or for personalised Products (for example, Products with engraved initials).

 

Warranties and Liability 

20. Disclaimer of warranties

To the maximum extent permitted by law, we: 

  1. exclude all warranties (express or implied) regarding to the information contained on our website and your use of our website; 
  2. do not guarantee that use of our website will be uninterrupted or error-free, or that materials accessible on or through our website will be free from errors, viruses, worms or other harmful codes; and
  3. exclude all liability for any loss (including indirect loss), damages or injury (whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise) resulting from your access to (or inability to access) or use of our website or as a consequence of any content or information obtained from or through our website.

The Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but, if we do become liable for a breach of any consumer guarantees which cannot be excluded, then to the extent permitted by law, we limit our liability at our option, to any one or more of the following:

      1. In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and
      2. In the case of services: to either supplying the services again or payment of the cost of having the services supplied again.

 

General

21. Governance

These Terms of Use are governed by the laws of Victoria, Australia. In the event of a dispute you agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.  Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country.  If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

22. Severability 

If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23. Enquiries 

If you would like to make an enquiry about your order please contact us using the details set out on your order confirmation email, for all other enquiries please contact us on webstore.au@furla.com or via form at this link: https://www.furla.com/au/en/contact-us-au/.