T & C'S

TERMS AND CONDITIONS

Introduction

Hello and welcome to EROSH APPAREL

We’re so glad you chose to visit us and please take a moment to read our Terms and Conditions. It will take you through everything from using the website, ordering your garments and paying online; delivery and some details about us. Thanks so much for reading them!

1. About Our Company

Corporate Responsibility: Our business is committed to ethical trade. We strive to integrate positive social and corporate behavior in all aspects of our operations, from our Designers, Relationship Managers and Logistics Experts here in Australia. We don’t just consider financial results when measuring the performance and success of our business; we also review social, environmental and ethical indicators to ensure we are having a positive impact on our world and its people. We invest time in sourcing suppliers and factories around Australia, and the world that share our values and our vision. Wherever possible we give preference to businesses with family run values when choosing our partners. We are confident and proud that the factories we engage in other countries provide an ethical, happy and safe environment for our seamstresses.

1.1 Our Products

Trading Name:

Erosh Apparel

 

1.2 Ownership

Company Name:

J JARDINE & E LOCKHART

Trading Name:

Erosh Apparel

ABN:

93 538 548 221

Postal Address:

3/73 Township Drive, Burleigh

Website:

www.eroshapparel.com

Email Address:

eroshapparel@gmail.com

 

2. Ordering from Our Collection

Create your account: You must be at least 18 years of age to have a customer account with us. Once you create your account, you’ll be able to purchase items from our website, manage your shopping cart, create your wish list and keep up to date with all our latest offers.

Your details: By placing an order on our website, you guarantee to us that you are at least 18 years of age. You agree to provide the following:

o Your real name
o Youre-mailaddress
o Your billing address
o A delivery address (this maybe the same as your billing address)
o A contact phone number (in case we need to speak to you about your order)

The process: All orders are online via our website. When viewing an item, select your size and the quantity you want and then click ‘Add to Cart’. When you’ve finished shopping and reviewed your cart, click the ‘Check Out’ button. After placing your order, you will receive an automated acknowledgement email. Once you are ready to check out, you will be directed to the shipping confirmation page where you can select the type of delivery you require, and complete the delivery and/or billing addresses. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched.

We aim to process orders paperless. Therefore you will provided with your order receipt & tracking numbers via the email provided with your purchase and a paper copy will not be provided unless requested by you in the ‘comments’ field of your order.

Backorder: If something you’ve ordered is out of stock it will be marked SOLD OUT on our website. If we are expecting the item in soon, we may send it in a separate parcel after your main order has been dispatched. If we are repeating or expecting more stock of a best-selling item we will make an announcement through social media (Snapchat and Instagram). If you are on our mailing list, we will also notify you via email.

   3. Delivery

Dispatch: We aim to process your order within 24 hours of receiving it, and dispatch the say or next business day after processing. During peak shopping periods (such as Christmas), you may need to allow up to 3 business days for the processing and dispatch of your order. International orders may also take a little longer to process.

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Erosh Apparel Terms and Conditions Current: October 2016

Delivery Options: We offer you a range of delivery options for your products. Our delivery options are:

Flat Rate Australia Post for all Domestic Orders

Standard Post (3-5 Days - WA 5-9 Days)

$8.00

Flat Rate Australia Post for all International Orders. 

Standard Post (7- 21 Days )

Bulk and express options are also available.

Additional Services: If you require additional services to the standard services provided by Australia Post such as insurance or a signature on delivery, you will need to advise us in the comments’ field of your order. Costs for these additional services will be invoiced to you with your order.

Tracking Numbers: Will be issued via email by our customer service team as part of the processing of your order and can be viewed at 

https://auspost.com.au

Responsibility: Once the goods have been accepted for delivery by Australia Post that we cannot be responsible for the delivery. We must note that sometimes international orders may take a little longer depending on your delivery location.

Split Delivery: We do not offer Split Delivery.

Events beyond our control: 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). A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes but is not limited to:

o Strikes or other industrial action.
o Civil commotion, terrorism or threat of, war or threat or preparation for.
o Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster. o Disruption to supplies or delivery methods.
o Acts of government or regulatory bodies.
o Disruption to public or private telecommunications networks.

Please ensure that the shipping address you provide is complete and accurate. We cannot take any responsibility for incorrect entry of address details. The customer is liable for any additional shipping costs incurred by us due to incorrect address details provided.

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Erosh Apparel: Terms and Conditions Current: October 2016

Customs and border control: Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond our control and we cannot be responsible for the late arrival of parcels detained in this way.

4. The Contract

When we confirm acceptance of your order by confirming the products have been dispatched, a legally binding contract will exist between us. If we do not confirm acceptance, we will refund your payment.

Your order constitutes an offer to us to buy a product. If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel or suspend their order.

This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.

Ownership of the products will only pass to you when we have received full payment. A person who is not party to the contract shall not have any rights under or in connection with it.

5. Resale

By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us.

6. Payment and Security

Payment Method: We accept Visa and Mastercard.

Secure Information: All of our payments are securely processed using industry-grade SSL security. Your credit card number and PayPal login details are secured with them, so we will never see or store your credit card details.

7. Pricing

As stated on our website, our prices are in Australian Dollars ($AUD) and include GST. You will be charged in Australian Dollars even if you don’t live in Australia. We reserve the right to alter prices at any time. Overseas orders may incur bank charges for international transactions. Please note that any advertised special offers are subject to availability and may end before originally advertised.

International Orders: International orders are exclusive of GST. Products delivered to destinations outside of Australia may be subject to taxes, fees, levies or other charges as a result of local legislation or customs formalities and we advise that you check the import charges applicable in the destination country before ordering products to be delivered there.

The recipient of the order is responsible for all customs formalities for the import of the products, and will be required to pay any additional charges for international delivery, including import duty, formal

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Erosh Apparel: Terms and Conditions Current: October 2016

Customs entry, taxes, levies and other charges that may be levied outside of Australia. The recipient of the products, not the person placing the order, will receive a separate request for payment of these charges. If you are ordering products to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges.

You (or the recipient of the products if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it's your responsibility to check that any products ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.

8. Returns

Erosh Apparel, we check all items and ensure they are in perfect condition and packaged carefully before sending them to you. It is possible to return any full priced items purchased for a store credit within 7 days upon receiving your order (for international orders withing 21 days of your purchase date)

Please contact us immediately if you would like to return your item and we will issue you with a RA#.

eroshapparel@gmail.com

- We do not offer exchange or refunds for change of mind, incorrect sizing and wrong item but we can give you a store credit once we receive your returned item.
If you receive a product with manufacturing fault, this will be closely revised before we can provide a full refund.

Due to the high demand of our products, we apologise as we are unable to hold any items in any circumstances.

After the returned item has been received, we will check it over to ensure it is new, unworn, and in the same perfect condition in which it was sent. If the item has been worn, is damaged (including marked /dirty), washed or altered, we have the right to send the item back to you without refund or exchange.

When returning items, please enclose

Returns Form with RA number with an explanation of the reason for return/comments;

o In their original packaging with all tags intact.
o Returned within 7 days of date of purchase receipt (14 days for International orders).
o Items must not have been worn, damaged or washed.
o Items must not havemake-upon them
o Items must not have fragrance or any kind of scent
o Items must be returned via express post or another trackable method and the shipping is the expense of the customer. When returning Items, please enclose:

o RA Number with an explanation of the reason for return/comments

Your contact details, including email address and phone number

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Erosh Apparel: Terms and Conditions

Current: March 2017

Please return your Item to:

Erosh Apparel
3/73 Township Drive
Burleigh Heads QLD 4219

9. Refunds

Refund is only available if your product has a manufacturing fault. Once we have received your returned item, revised and processed, your refund will be credited to your original method of payment minus the original shipping charges and duties paid. Please allow up to 5 business days for your refund to be processed. You will be notified via email once your refund has been cleared.

10. Faulty Items

We always check all items before they are sent but in the rare case that items are damaged or faulty, please contact us via email at eroshapparel@gmail.com immediately within 7 days of the purchase date on your receipt (14 days for International orders) to arrange a refund or store credit.

11. Damaged Parcels

We're very sorry if the items you looked forward to receiving have arrived damaged. We do our best to pack them safely, but even the most lovingly prepared parcel can get dropped or jostled en-route to your house. If you send these products back to us within 7 days of receiving them (14 days for international orders), we will offer you an exchange where possible, or a full refund after we have received the return. In this case, we will pay for the postage of sending these items back to us. Nothing in these Terms and Conditions affects your statutory rights.

12. Sizing 

Our Size guide is an estimate as to what to purchase as styles and cuts do vary between items.  Please note that we do stock various labels on our online store Erosh Apparelall of which do follow the standard size chart. However there may be variations in sizing when comparing labels. We will do our best to advise through Social Media and in the product description in regards to a particular smaller or larger fit.

For any inquiries or further information regarding a particular item or size please send us an email at eroshapparel@gmail.com and we will be more then happy to help.

13. Colours

We have made every effort to display as accurately as possible the colours of the items that appear on our website. However as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the item on delivery.

14. Use of Website

Erosh Apparel provides this website as a service to our customers. These Terms and Conditions govern your use of our website. Please note that your use of the website constitutes your

Erosh Apparel, caters for sizes 6 to 14. The size chart provided on our website should be used as a guideline only. All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are Australian sizes.

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Erosh Apparel: Terms and Conditions Current: October 2016

agreement to follow and be legally bound by these Terms and conditions. If you do not agree to these Terms and Conditions, please do not use the website. Erosh Apparelwill present information and content on this website including, but not limited to, articles, opinions, statistics, product information, photographs, graphics, videos and audio files, as well as user generated content (collectively content). This content is general and provided for information purposes only. And while full care is taken in the preparation of the website’s content, Erosh Apparel cannot guarantee the accuracy, currency or completeness of the content on this website. Our website may include links to websites owned by other parties. We are not responsible for the material contained on these websites or responsible for their availability and we cannot be held responsible for any damage, loss or offence that may be caused by visiting these sites.

15. Variation

We may vary these terms from time to time. If we do, we will replace these terms on our website with our new terms.

16. Privacy

While you are using this site, and during the ordering process, any information and data collected from you will be used solely for the purpose of processing your order and improving our service to you. We will never sell on or disclose information to any third party whatsoever. Any information passed through this website is passed through a secure connection on the internet. If a customer wishes for their information to be removed from our database, this should be requested in writing to Erosh Apparel: 3/73 Township Drive, Burleigh Heads Queensland 4219

Cookies: The cookies we use on this site will only be temporary session cookies, which won't hold any customer information. By use of this website you agree to our use of the cookies outlined in our Privacy Policy. If you wish to opt out of accepting cookies online, we would be happy to receive your order via email to eroshapparel@gmail.com

17. Copyright

Copyright exists in the website (www.eroshapparel.com) and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the website unless otherwise obtained from a third party who may itself have its own copyright in that material.

18. Intellectual Property

Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and without

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Erosh Apparel: Terms and Conditions Current: October 2016

limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act (1996, Commonwealth Law) and under the law of a country other than Australia.

19. Model Release

From time to time, Erosh Apparel  will ask for photographs video and/or written testimonials about your experience with the clothing range for use in promotion of the business on social media pages. In accepting the terms and conditions of the website, you give Erosh Apparel, and its authorised representatives, permission to use any material submitted by you for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise.

20. Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

21. General
a) Entire agreement: These Terms and Conditions form the entire agreement between us and

you in relation to the website and your use of it.

b) Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.