These are the terms and conditions which apply to you as a visitor of the website www.1950sGlam.com (the “website”) and to your purchase of clothing and any accessories from the website.
No person under the age of 18 years may purchase goods on this website. If you are under 18, please confer with an adult to make your purchase.
This website is owned by Salamander Co Pty Ltd, ACN 604 627 867, a company registered in Australia, office at 9/51 Gould St. Bondi, NSW, 2026. When we say “we”, “us”, “our” we are referring to the website and/or Salamander Co Pty Ltd, its employees or agents and when we refer to “you” and “your” we mean the user of the website and purchaser of the 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 use the website or purchase goods from us. You should read these terms and conditions carefully before buying anything from this website.
When we communicate with you we will do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
We 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 once included in the text of these terms and conditions and published on the website will be effective to all new orders. 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.
Here we set out some terms about information on the website, descriptions of goods and how you use the website.
Separate notices and disclaimers apply to your use of the website. By placing your order with us, you are implicitly accepting these terms and conditions and also agree to the notices and disclaimers.
We try to make sure that all information on the website, including descriptions of our goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors that may occur from time to time on the website.
You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular it must be acknowledged that:
The colours which are shown for the goods on the website will depend on many factors – including your display settings and:
-All sizes and measurements are approximate;
-All goods are subject to availability – unfortunately, we may not be able to supply your order;
-Any delivery estimates given on the website or by email are estimates only;
-The goods and promotions which are offered by our suppliers may be terminated at any time and without proper notification to us or you.
PURCHASING GOODS ONLINE
You make an offer to purchase a product from us (your “order”) by completing the staged process on the website as set out below:
-Adding product to your shopping basket
-Enter login details (if you register an account with us)
-Enter billing address details
-Enter delivery address details
-Completing the payment process
We must receive full payment of the price of the goods before we can accept any orders. Where you select to pay by credit or charge card we will process the payment at the time you make your order online.
Your order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your order contains a series of offers for each product individually. On receipt of your order, we will send you an order acknowledgement email to the email address which you provide in the order process.
This order acknowledgement email will contain your order number, and details of the goods ordered. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase goods.
An offer made by you to purchase a product shall only be deemed to be accepted by us when the order is processed by us. Once an order is processed, we will send you an order dispatch email which confirms that your order has been processed. We reserve the right to refuse any offers in an order prior to acceptance. If a product is not available we will include details of the unavailable product in the order dispatch email. A product which is not available will not be included in the contract for a product which is dispatched.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
-accept the alternatives we offer;
-cancel all or part of your order;
If in future, you buy goods from us under any arrangement which does not involve your payment via our website, these terms still apply.
If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than  days from the date of cancellation of your order.
As we usually process orders on the same or next day, we cannot guarantee that your order can be cancelled before it has been processed. If you did want to cancel your order, then please contact us immediately after the order is placed and we will advise you if it is still possible. Once the order has been processed, it is not possible to cancel it and you will need to return the goods to us, which will be at your expense. Order cancellations will be treated as refund requests, and will incur a US$15 or equivalent cancellation fee per item returned.
For our shipping and returns policies, please refer to the relevant pages on the website.
We take website and credit card security extremely seriously and we endeavour to provide a secure, safe platform on which to conduct online transactions. However, we accept no responsibility for any loss or misuse of personal information provided to us through this site.
YOUR ACCOUNT WITH US
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
We reserve the right to refuse you access to our website.
PRICE AND PAYMENT
Any fees or charges charged by your bank, credit card provider or Paypal which you incur as a result of an order you make on the website will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from the actual rate charged.
All payments processed through Paypal are conducted subject to Paypal’s User Agreement For Paypal Service.
We accept no liability for non-completion of any transaction due to Paypal faults, internet connectivity problems or Paypal policy changes and are under no obligation to despatch goods until full payment has been received in any case.
Deliveries will be made by a carrier instructed by us to the address stipulated in your order.
If your order is returned to us as undeliverable/not collected, we will notify you to try to arrange re-delivery of the item. An additional delivery fee will apply. If we have failed to contact you after 7 days from the date we received the returned parcel, we will cancel your order and return the money paid for the goods. We will retain any charge we made for delivery.
If we ourselves are not able to dispatch your Goods within 3 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
Goods are sent by post or courier. We will send you a message by email to tell you when we have dispatched your order.
Once goods have been dispatched, they are subject to the carrier’s transit times and possible delays
Any delivery date advice given is an estimate only and not guaranteed.
In the case of late delivery or missing parcels, we promise we will do all we can to investigate the whereabouts of the parcel.
FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS
If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing goods which you are lawfully able to import and for the payment of any import duties and taxes of any kind levied in your country.
These taxes may be levied once a shipment reaches the destination country and Goods will not be released until said charges are paid in full.
If you refuse an international shipment, you will have the return shipping as well as any customs/duties/fees associated with the order deducted from any refund we process for you.
Orders may be subject to customs clearance delays especially during peak times.
We or our Content suppliers may make improvements or changes to our website, the Content, or to any of the goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you do find.
We give no warranty and make no representation, express or implied, as to:
-the adequacy or appropriateness of the goods for your purpose;
-the truth of any Content on our website published by someone other than us;
-any implied warranty or condition as to merchantability or fitness of the goods for a purpose other than that for which the goods are commonly used;
-compatibility of our website with your equipment, software or telecommunications connection.
Our website contains links to other internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
The above two sub paragraphs do not apply to a claim for personal injury.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
We will defend the intellectual property rights in connection with our goods and our website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all Content of our website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
YOUR EMAIL ADDRESS
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
If you post any Material in our website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
You agree that if you do post any Material on our website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that:
-you own the rights to all of the Material that you post;
-any fact stated in your Material is accurate;
We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
ACCEPTABLE USE POLICY
As a condition of your use of our website, you agree to comply with these provisions:
You will not use or allow anyone else to use the website to post or otherwise publish:
-commercial audio, video or music files;
-any Material which violates the law of any established jurisdiction;
-software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
-links to any of the material specified in this paragraph;
-any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
You will not use the Services for spamming. Spamming includes, but is not limited to:
-The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
-The sending of junk mail;
-The registering of customers and accounts which are fictitious or which are for users who have not given specific permission to be registered on the site.
-The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
-Excessive and repeated posting off-topic messages to newsgroups;
-Excessive and repeated cross-posting;
-Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
-The emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
Nothing in this agreement or on our website shall confer on any third party any benefit or obligation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
By supplying your email address to us on joining or ordering from us, you grant us permission to contact you via email regarding your account and any special offers or promotions that we may offer you from time to time. You may unsubscribe from these at any time.
We use Google analytics and other diagnostic tools to log when users view specific pages or take specific actions on the website. This tracking is anonymous and allows us to provide targeted advertising and a better customer experience on the website. Your use of this website constitutes an acceptance of this clause.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
This Agreement shall be governed by and construed in accordance with the laws of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.