Terms + Conditions
T E R M S + C O N D I T I O N S
These terms and conditions apply to the use of this website, which apply to your purchase of clothing, and accessories from the ENDEMANN
web site at www.endemann.com.au (the "website"). By using this website, you agree to be bound by these terms and conditions.
In these terms and conditions, the expressions "we", "us" and "our" are a reference to ENDEMANN of 180 Ocean Street, Edgecliff, NSW, 2027. When we refer to "you" and "your" we mean the user of the website and purchaser of goods.
These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase goods from us. You should read these terms and conditions carefully before buying anything from this website
AMENDMENTS TO TERMS AND CONDITIONSWe reserve the right to change the terms and conditions under which the website and the goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the website. You should check the terms and conditions posted on the website periodically to ensure that you are aware of and comply with the current version.
DISCLAIMERThis website and its content are provided 'as is' and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute advice.
We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice without incurring any liability.
This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked from our website, you do so at your own risk.
LIMITATION OF LIABILITYYour use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
PRICES & PAYMENTFor each online order, you must pay: 1. the applicable price for the relevant goods confirmed by ENDEMANN; and 2. the delivery and handling fee specified on the web site at that time. Your order and credit card details are safe and secure. All personal and credit card information provided to ENDEMANN is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the Orders & payment section of this web site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with ENDEMANN. Prices and range on this web site may vary from ENDEMANN according to stock in store.
PRODUCTSAll our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.
YOUR OBLIGATIONSYou must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You agree to take responsibility for the safekeeping of your username and password. You are liable if an unauthorised person uses your username or password. You agree to release and indemnify ENDEMANN in connection with any use (whether authorised or unauthorised) of your username or password. ENDEMANN
may suspend or cancel your account at any time without prior notice. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
You must not misuse our system or this website. Specifically, you must not hack into, circumvent security, or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
You agree to indemnify us and our respective officers, employees, and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
INTELLECTUAL PROPERTYAll copyright featured or displayed on the website is owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorized to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.
Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
In the event you download software (including but not limited to screensavers, icons, videos, and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All our trademarks, service marks and trade names used herein (including but not limited to the word mark "ENDEMANN") are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.
The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
RESTRICTED USE - IMAGES AND GRAPHICSENDEMANN aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this website.
PRIVACY POLICYWe undertake to comply with the terms of our privacy policy, which is provided on this website. By using this website, you acknowledge that you have read our privacy policy.
ENDEMANN will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
TERMINATION OF ACCESSAccess to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
APPLICABLE LAWAll purchases, and these terms and conditions, are subject to the laws of New South Wales, Australia.
EXCLUSION AND LIMITATION OF LIABILITYTO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
- In no event shall we be liable to you for any loss of business, contracts, profits, or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Important note:
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
- in relation to goods
- the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired.
- in relation to services
- the supplying of the services again; or
- The payment of the cost of having the services supplied again as in each case we may elect.