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Terms & Conditions
Terms and Conditions for the Sale of Goods on the Shoes & Sox website
These Terms and Conditions form a contract between the customer (you) and Brand Collective Pty Ltd ABN: 94003269752 and apply to the ordering, purchase, fulfillment and delivery of goods from https://www.shoesandsox.com.au/.
Please read these Terms and Conditions carefully before placing your Order with Us as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre on 02 9427 2607 or send us an email via our [email protected] page and a representative will be happy to assist you.
The following definitions are used in these Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Shoes & Sox.
Delivery Fee means the fees charged by the Delivery Agent of Shoes & Sox for the delivery of Goods.
Gift Cards means an electronic gift card through the acquisition of which you or a recipient may make non-cash payments for goods from Shoes & Sox.
Goods means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Shoes & Sox in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Returns Policy means the Shoes & Sox Delivery & Returns section found on the Website
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means https://www.shoesandsox.com.au/.
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
We or Us or Our or Shoes & Sox means Brand Collective Pty Ltd (ABN: 94003269752).
You or Your means you as the purchaser of Goods from Shoes & Sox pursuant to these Terms and Conditions.
2. Compliance with Terms and Conditions
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Shoes & Sox with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. Placing Orders for Goods
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Shoes & Sox will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
3.5. You agree to obtain consent from the recipient of a gift when providing their personal details to Shoes & Sox.
3.6. You may Order from Shoes & Sox if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.7. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Delivery & Returns Policy
3.8. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $2,000 (ex GST).
3.9. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
4. Acceptance and rejection of Orders
4.1 Shoes & Sox reserve the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by Shoes & Sox to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Shoes & Sox will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Shoes & Sox is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. Availability of Goods
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Shoes & Sox will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Shoes & Sox is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Shoes & Sox will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Shoes & Sox will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Delivery & Returns Policy.
5.4 You acknowledge and agree that:
- all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- you have read any corresponding written description of the Goods prior to submitting your Order;
- the colour of Goods as shown on the Website may vary slightly in shade in real life;
- where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- any accessory featured with the Goods is for illustration purposes only.
6. Price and Payment
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 Shoes & Sox reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
- the Price (which is the Price at the time the Order is submitted); and
- the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the electronic order form on the Website, which include but are not limited to credit card, V.me by Visa or Pay Pal. When paying by credit card, you authorise Shoes & Sox to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Shoes & Sox before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
6.9 Shoes & Sox uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Shoes & Sox uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Delivery & Returns section of the website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the Delivery & Returns section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
- Shoes & Sox cannot guarantee that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Shoes & Sox is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your Goods from the Australia Post office within 10 working days of a failed delivery, you must contact our Customer Service Centre on 02 9427 2607or email us for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable on 02 9427 2607 or email us via the Contact Us section of this website. If the Goods are not as ordered, you may return the Goods to us in accordance with the Delivery & Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Delivery & Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Delivery & Returns due to being faulty, damaged, or incorrect will be delivered to you free of charge.
8. Risk and title
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. Order cancellations and returns
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Delivery & Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Delivery & Returns Policy. The Delivery & Returns Policy forms a part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Shoes & Sox is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Shoes & Sox is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. Promotions and Discounts
You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at Shoes & Sox. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Shoes & Sox. Any Code is non-transferable and may not be used in conjunction with any other offer.
11. Gift Cards
11.1 Additional terms and conditions with respect to the use of Gift Cards may be set out on our Website.
11.2 Gift Cards are treated like cash. If your redemption code is lost or stolen this will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash.
11.3 Gift Cards expire twelve months from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.
11.4 Gift Cards are to be used for the purchase of goods on Shoes & Sox. A limit of $500 per gift card and gift cards totalling no more than $2,000 per Order applies.
13. Website Terms
14. Warranties you make to Shoes & Sox
You represent and warrant to Shoes & Sox that:
- (a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Shoes & Sox;
- (b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
- you are over the age of 17;
- (d) in placing your Order, you have read and agree to these Terms and Conditions; and
- (e) in placing your Order, complied with all Laws.
15. Shoes & Sox’ liability to you
15.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
15.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Shoes & Sox excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16.1 Shoes & Sox reserves the right to, at their discretion, terminate your access to and use of the Website:
- for convenience, at any time, upon provision of notice to you;
- if Shoes & Sox reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17.1 Shoes & Sox reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Shoes & Sox with respect to that Order.
17.2 Shoes & Sox may give notice to you by electronic mail. You may give notice to Shoes & Sox by electronic mail to our Customer Service Centre via the Contact section of this website.
17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by Shoes & Sox to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Shoes & Sox does not preclude its future exercise or the exercise of any power or right.
17.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Richmond, Victoria.
Terms and Conditions for the use of this Website
These terms and conditions govern the use of https://www.shoesandsox.com.au/ ("this website") and, in conjunction with our Terms and Conditions for the Sale of Goods, the purchase of any goods from it.
Acknowledgment and Acceptance
By accessing, using or browsing this website, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you.
Copyright and Trade Marks
Copyright in this website and its content is owned or licensed by Brand Collective Pty Ltd (ABN 94003269752) (“Shoes & Sox”). You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other applicable laws, any other use, including any commercial use of the content of this site, is strictly prohibited.
This website also contains registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
The information contained on this website is provided by Shoes & Sox in good faith. To the best of Shoes & Sox' knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.
Shoes & Sox and its related bodies corporate, and their directors, officers, employees, or agents ("Shoes & Sox Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
Limitation of Liability
Subject to any non-excludable liability implied by legislation, any liability of Shoes & Sox or Shoes & Sox' Associates in connection with goods or services supplied to you will, at the election of Shoes & Sox, be limited to:
- In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
- Subject to non-excludable liability (including under consumer laws), in all other respects, Shoes & Sox will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this website.
All care is taken to ensure that this website and data transmissions are free from viruses. However Shoes & Sox cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. it is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Shoes & Sox entirely of all responsibility for any consequences of its use.
Cookies are small pieces of information that your browser stores on your computer hard drive.
If you disable cookies on your web browser, you may not be able to fully experience all features of this website.
Third Party Sites
This site may contain links to third party sites. Shoes & Sox are not responsible for the condition or content of those sites as they are not under Shoes & Sox' control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Shoes & Sox of the sites or the products or services provided on the site.
Shoes & Sox do not permit any linkages to this site without prior permission.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and any Courts which may hear appeals from those Courts.
This site may be accessed from Australia or overseas. Shoes & Sox make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
By accessing, browsing, using, registering or contributing to the Shoes & Sox’ website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.
Ownership of Submissions
Social Networking Sites
Intellectual Property Rights
A disclosure, submission or offer of any submissions and your agreement to these terms and conditions shall constitute an assignment to Shoes & Sox of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Shoes & Sox related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Shoes & Sox pages of third party social networking sites are not the responsibility of, or endorsed by, Shoes & Sox. All rights, including copyright on Shoes & Sox pages are owned by or licensed to Shoes & Sox. Any use of any Shoes & Sox social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Shoes & Sox. All worldwide rights reserved.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Shoes & Sox related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.
Rules for Submissions
- Please be polite and only write in English.
- You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others.
- If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
- Submissions should not include:
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others.
- comments about other reviewers or bloggers.
- remarks that repeat criminal accusations, false, defamatory or misleading statements.
- material which impersonates others.
- spam or advertising, third party brand names or trade marks.
- personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers.
- HTML code, computer script or website URLs.
- availability, price or alternative ordering or delivery information.
- information about Shoes & Sox’ suppliers or manufacturers.
- Shoes & Sox, in its absolute discretion, reserve the right to:
- not publish the Submission or remove it.
- take any appropriate action if deemed necessary.
- remove reviews which relate to seasonal products which are no longer in season.
Please let us know if you see any Submissions which do not comply with our rules.
Version 1.1, March 2015, © Brand Collective Pty Ltd.
Shoes & Sox and Yoobi Gift with Purchase Promotion – September 2016
- Information on how to enter forms part of these terms and conditions.
- Entry is only open to residents of Australia, of any age. Employees of the Promoter and their immediate families are ineligible to enter.
- Promotion commences and Gifts are available from 9.00am on Monday 26 September 2016 until 5.00pm on 2 October 2016, or when a Shoes & Sox stores allocation of the 1000 Gifts have been claimed (See Point 8: Allocation of gifts per store) whichever is earlier.
- The Yoobi gift (Gift) is made up of two different gift options, as noted below. The Gift provided is at the discretion of the promoter:
- 500 x Yoobi Highlighter Pencils, 5-Pack, Multicolour - $3.99 RRP
- 500 x Yoobi Colour stripe Pencils, 4-Pack, Multicolour - $4.99 RRP
- For a customer to receive a Gift at a Shoes & Sox store they are required to purchase a full price pair of black school shoes during the promotion period at a Shoes & Sox standalone store. Purchase at Shoes & Sox online and in any Myer concession are excluded from the Promotion.
- School shoes are defined as a pair of black leather shoes and excludes black canvas and black or white sport shoes.
- A customer may only receive 1 Gift per person on any one day. ‘The customer’ is the recipient of the school shoes.
- The allocation of Gifts to each store is as follows:
- The Promoter assumes no responsibility for lost, misplaced, destroyed or stolen Gifts once they are claimed and these Gifts are not redeemable for cash and cannot be transferred or exchanged.
- Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law (‘ACL’), and consumer guarantees relating to goods or services under the ACL). Subject to these laws, the Promoter is not liable for any loss or damage however caused (including by negligence), suffered or incurred in connection with the Promotion or the Gift.
- Where circumstances beyond the Promoter’s reasonable control prevent the Promoter from providing the anticipated Gifts, the Promoter may (in its absolute discretion) substitute items of an equivalent nature and value or may cancel the Promotion and not distribute the Gifts. Should the Promoter cancel the Promotion the Promoter will: (i) advertise that the Promotion has been cancelled by placing a notice at the customer service desk in the shopping centre; (ii) promptly destroy all entries received; and (iii) not use the personal information you have provided on the entry form.
- By entering into the Promotion you accept all conditions of entry including these terms and conditions.
- The Promoter is Shoes & Sox Pty Ltd (ACN 003 269 752) a division of Brand Collective Pty Ltd (ACN 098 742 628) of 332 Lorimer Street, Port Melbourne, Victoria, 3207, Australia. Enquiries about this Promotion should be made in writing to this address or [email protected].
Shoes & Sox “The Lego Batman Movie” Promotion 2017 – 2017
- Promoter: Shoes & Sox Pty Ltd ABN 94 003 269 752 of 111 Burrows Rd, Alexandria, New South Wales, 2015, Australia.
- Prize Supplier: Roadshow Films Pty Ltd (ABN 28 100 746 870) of 1 Garden Street, South Yarra, VIC 3141.
- Information on how to enter, mechanics of entry and prizes form part of these Terms and Conditions. Entry into this promotion constitutes acceptance of these Terms and Conditions. It is important that you read and understand these Terms and Conditions.
- The Promotion will be conducted through all stand alone Shoes & Sox retail stores and the Shoes & Sox online store at www.shoesandsox.com.au, but not through any Shoes & Sox concession stores at Myer Ltd (“Participating Stores”).
- The promotional period will commence at 9.00 am (AEST) Monday, 20 March 2017 and finish at 11:59 pm (AEST) Sunday, 16 April 2017 (“Promotional Period”).
- To enter, you must, during the Promotional Period:
How To Enter
- purchase a new pair of full price shoes from a Participating Store; and
- retain your receipt as proof of purchase; and
- register for the Promotion at www.shoesandsox.com.au/thelegobatmanmovie. You must include your name, email address, telephone number, and receipt or invoice number of your purchase, the style of shoes purchased and agree to subscribe to the Promoter’s and Prize Supplier’s separate databases (of which of you may subsequently opt out at any time). Purchase alone does not constitute entry into the competition.
- You may enter as many times as you like, but each entry must accompany a separate purchase of a full price pair of shoes, verifiable by an original receipt produced to the Promoter if so required.
- One (1) winning entry for the Major Prize will be drawn by a representative of the Promoter at 11.00 am (AEST) on Friday, 28 April 2017 at the Promoter’s premises at 111 Burrows Road, Alexandria (“the Major Prize Winner”). The Promoter’s decision as to the Major Prize Winner is final and no correspondence will be entered into.
- 9. The “Major Prize” will comprise a trip for two (2) adults and two (2) children (aged 17 years or under) to the LEGOLAND Discovery Centre Melbourne, (to the value of $8041 (including GST)) consisting of:
- The allocation of Gifts to each store is as follows:
Judging Process and Prizes
- Return economy airfares from the Major Prize Winner’s nearest capital city to Melbourne, with an airline of the Prize Supplier’s choice;
- Two nights (2) nights’ accommodation in shared room at a hotel in Melbourne of the Prize Supplier’s choice;
- Airport transfers to and from the airport to the hotel, and to and from the hotel and LEGOLAND Discovery Centre Melbourne with a carrier of the Prize Supplier’s Choice (the Major Prize Winner must arrange their own transfers from their house to and from the airport); and
- Entry to LEGOLAND Discovery Centre Melbourne for a family of 4;
- Private Master Model Builder Class for family of 4 with take-away mini model; and
- LEGO Store voucher to the value of $1,500 (including GST).
- The Major Prize is subject to the following restrictions imposed by the Prize Supplier:
- The Major Prize Winner and their companion(s) must travel together a depart from and return to the same departure point and participate in the Major Prize together at all times. The winner and their companion(s) may not accrue frequent flyer points. Flights will be economy class and may be indirect. Once issued, tickets are non-endorsable and non-transferable. Any alterations to confirmed flights will be at the Major Prize Winner’s expense.
- Hotel accommodation is based on four people sharing one room. Any changes to these arrangements will be at the Major Prize Winner’s expense. Accommodation is subject to availability and is valid until 12 December 2017 (not valid on any Australian national or Public Holidays, gazette School holidays). extension to the validity date of this prize will be permitted under any circumstances.
- Airline, flight route and dates of travel are subject to the Prize Supplier’s absolute and final discretion.
- The Major Prize Winner and their companion(s) acknowledge that the Major Prize may involve dangerous activity, which may result in injury or death, and participate at their own risk. The Major Prize Winner and their companion(s): (a) must attend, undergo, and pass any appropriate training briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and/or the Prize Supplier as determined in their absolute discretion; (b) must declare to the Promoter and/or any Major Prize supplier. It is a condition of accepting the prize that the winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
- The Major Prize Winner must claim the Major Prize by 5pm (AEST) Monday 6 June 2017 and redeem the Major Prize no later than 12 December 2017. The Major Prize Winner must also provide the Prize Supplier with at least six (6) weeks notice of their requested travel dates (which must exclude Australian national and public Holidays). Any alterations to confirmed details within 7 days of arrival will be at the expense of the Prize Winner.
- Fifty (50) winning entries for the Minor Prize Packs (“Runners Up”) will be drawn by a representative of the Promoter at 11.00 am (AEST) on Friday, 28 April 2017 at the Promoter’s premises at 111 Burrows Road, Alexandria, immediately following the draw of the Major Prize. The Promoter’s decision as to the Runners Up is final and no correspondence will be entered into.
- Each Minor Prize Pack will consist of a reversible back pack and a stationary set to the value of $33.50 (including GST).
- The name of the Major Prize Winner and the Runners Up will be published on www.shoesandsox.com.au/terms/. Winners will be also advised by email, including instructions on how to claim their Prize from the Prize Supplier by 5.00 pm (AEST) Tuesday 2 May 2017. All reasonable steps to notify the Major Prize Winner and Runners Up of the results of the judging will be taken by the Promoter.
- The Major Prize Winner and the Runners Up must claim their Prize from the Prize Supplier by 5.00 pm (AEST) Monday, 6 June 2017. If any Prize is not claimed by this date, that winning entry will be deemed invalid and the Promoter will draw a new winning entry from the pool of remaining entries, at 11.00 am (AEST) on Friday, 9 June 2017 at the Promoter’s premises at 111 Burrows Road, Alexandria. The new Major Prize Winner and/or Runner(s) Up will be advised of the results of the judging by email by 5.00 pm (AEST) Wednesday, 14 June 2017 and his or her name/s will be published on www.shoesandsox.com.au/terms/. The new Major Prize Winner and/or Runner(s) Up will be required to claim their Prize from the Prize Supplier by Friday, 21 July 2017. The Prizes will be delivered to the Major Prize Winner, new Major Prize Winner and/or Runners Up by the Prize Supplier within six (6) weeks of his or her claim.
- The Promoter will bear no liability for any failure by the Major Prize Winner or Runners Up to redeem their Prizes from the Prize Supplier in a timely fashion or for any limitation on the Major Prize imposed by the Prize Supplier or its service providers.
- The Major Prize Winner will be responsible for any costs associated with redemption of the Major Prize which are not entirely stated above. All additional meals, accommodation, transfers to and from departure points, insurance and all other ancillary costs are the responsibility of the Major Prize Winner. For the avoidance of doubt, the Promoter and the Prize Supplier are not responsible for any item, service, cost, claim or matter not expressly stated to be included in the Major Prize, howsoever the same may arise.
- This Promotion is in no way sponsored, endorsed or administered by service providers engaged by the Prize Supplier, their subsidiaries or affiliates. However, the Major Prize is subject to the terms and conditions of any service provider. The Major Prize Winner and their companions must familiarise themselves with the service provider’s terms and conditions and must conduct themselves in accordingly at all times.
- No Prize is transferable or exchangeable, nor can be taken as cash or sold for cash. All Prizes must be taken as offered and cannot be varied. Prizes are not valid in conjunction with any other offer. The Promoter and Prize Supplier accept no responsibility for any taxation implications which may arise from any Prize. If any Prize, or part thereof, becomes unavailable, for any reason beyond the Promoter’s or Prize Supplier’s reasonable control, then a prize of equivalent value will be substituted at the Promoter’s and/or Prize Supplier’s sole discretion.
- Entry is open to residents of Australia aged 18 years or over. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of the promotion are ineligible to enter.
- You may only enter in your own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion. Any entry of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to verify the validity of any entry and to request that you produce (within the requested time) appropriate photo identification or other documentation in order to confirm your identity, eligibility to enter and claim any Prize, and any other information submitted by you in entering the Promotion, before issuing the Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or you or your entry have not been verified to the Promoter’s satisfaction, then your entry will be ineligible and deemed invalid. Prizes will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
- Entries will be deemed accepted and final at the time of receipt by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected entries.
- Any entry that contains content that the Promoter (in its absolute discretion) considers to be incomplete, inaccurate, erroneous, ineligible, incomprehensible, offensive, objectionable or inappropriate in any way will be deemed invalid.
- Subject to regulatory authority requirements, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.
- Nothing in these Terms and Conditions purports to limit, exclude or modify the non-excludable statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection law in the states and territories of Australia and New Zealand.
- Subject to clause 25 above, the Promoter, its associated agencies and companies and the Prize Supplier exclude all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) acceptance and/or use of a prize; (v) personal injury or death and/or (vi) property damage.
- By entering this Promotion, you warrant to the Promoter that your entry does not contain content that:
Eligibility of Entrants and Entries
Liability, Indemnities and Warranties
- violates the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
- is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
- includes an image or reference to another person that you have submitted without that person's consent;
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- is contrary to the requirements or directions of relevant regulators;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming"; and/or
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
- The Promoter reserves the right to disqualify you for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Terms and Conditions; or (c) if you are engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from you are reserved.
- As a condition of entering this Promotion, you consent to the Promoter and/or Prize Supplier using your entry (including your Photograph), name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter and/or Prize Supplier. You also agree that, in the event you are the Major Prize Winner or a Runner Up, you will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter, the Prize Supplier and their agents.
- Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.
- The Promoter reserves the right to amend, delete or add to these Terms and Conditions, subject to any regulatory authority requirements, at any time without prior notice. You will be bound by such changes. The Promoter will post any changes to the Terms and Conditions on www.shoesandsox.com.au/terms/.
- These terms and conditions are governed by, and are to be construed in accordance with, the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria and any court hearing appeals from those courts.
Amendments to Terms and Conditions
NSW: LTPS-17-12005 ACT: TP 17/00399 SA: T17/379