Terms of Use
Terms of Use
The information below, as well as the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products (each a Product) listed on our website www.swishfashion.com.au
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
© Copyright Swish Fashion 2018
You may not copy, print, store or transmit any part of this website unless you have written permission from Swish Fashion or a copyright exception applies under the Copyright Act, 1968.
For inquiries and permissions please contact:
Swish Fashion
Phone +61 2 8338 1888
Email info@swishfashion.com.au
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Swish Fashion disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Swish Fashion does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Swish Fashion does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states or territories do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Swish Fashion shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Swish Fashion has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Trademarks
All trademarks, service marks and trade names of Swish Fashion used in the site are trademarks or registered trademarks of Swish Fashion.
Personal Information
Certain products, services, information and materials provided on/through this website may be accessed and/or used by you without requiring registration or login to this website (collectively, "Public Materials"). Other products, services, information and materials provided by this website require registration in order to be accessed and/or used by you (collectively, "Member Materials"). In order to purchase products from the Website, you provide you details such as your name, address and credit card details in order to purchase. When you become a member you are required to provide Swish Fashion with accurate personal information including a valid email address. Provision of another person’s details as your own will not be deemed acceptable.
Security of your Account
If you create an account with Swish Fashion you will be required to provide a password. You acknowledge that you are responsible for upholding the security of your password.
Each time you use the password, you can access and use the Swish Fashion website in-conjunction with these Terms & Conditions. This means that you are responsible for any products purchased using your account details.
If you believe someone has access to your password, please contact info@swishfashion.com.au.
Email Communications
By supplying your email address upon registration to Swish Fashion you consent to receive promotional and/or program update emails. You may opt out of these emails at any time by following the specific opt out instructions within the communication we send. Please note: we strictly use your details to process new membership details. We do NOT pass on any details to 3rd companies for survey purposes.
Credit Card Information and Payment
Credit card information collected for the purpose of payment of products purchased at Swish Fashion. Credit card information will be masked on your account and will not be visible to Swish Fashion. Provision of credit card information as payment for the product/s constitutes an agreement for your purchase of the selected product/s. You must not pay or attempt to pay for product/s using fraudulent credit card information.
Errors on the Website
In the event that a Swish Fashion product is mistakenly listed at an incorrect price, Swish Fashion reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or if the product is no longer available. Swish Fashion reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Swish Fashion shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Swish Fashion without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Swish Fashion may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Swish Fashion.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of NSW, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Swish Fashion products) shall be in the state or federal courts located in Sydney, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Swish Fashion products) must be commenced within one (1) year after the claim or cause of action arises. Swish Fashion failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Swish Fashion may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site – Email, Feedback and Reviews
Harassment in any manner or form on the site, including via e-mail, feedback, reviews or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Swish Fashion representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Our Products
90% of our products are Australian made. If you find the item isn't to your satisfaction, please email info@swishfashion.com.au
Participation Disclaimer
Swish Fashion does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Swish Fashion is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Swish Fashion reserves the right to block or remove communications, reviews or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Swish Fashion in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Swish Fashion, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
The Swish Fashion Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such other website.
Customer Service Policy
We will endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery time frames within Australia are between 3 to 6 business days; in the event that an ordered item is not available we will notify you on your invoice.
Refund, Returns and Shipping Policy
Please see our refund policy located here.
Security Policy
We take security seriously and process all financial details using industry-standard 128-bit SSL encryption. We also adhere to the Cardholder Information Security Program (CISP) and Payment Card Industry Data Security Standard (PCI) specifications to ensure the protection of any credit card details handled by our website.
Changes to terms and conditions
Swish Fashion reserves the right to change these Terms and Conditions of its service without informing you. You should check our Website regularly for any updated Terms and Conditions. The Terms and Conditions for existing orders shall be upheld by Swish Fashion.
Contact us
You can find our contact details on our Contact Us Page.
