1: In these Terms and Conditions "we" and "us" mean Apranik Fashion (ABN 21 290 254 952), and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
We sell and ship products internationally, however we may time to time exclude some countries.
2: Legal Capacity to Transact
2.1: If you are under the age eighteen (18) years you can not place orders with Apranik Fashion.
2.2: By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
2.3: Should Apranik Fashion suffer any damage or other losses as a result of a transaction entered into by a minor, Apranik Fashion reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Apranik Fashion.
3: Placing Your Order
3.1: You may place an Order by filling in the Order Form on the Apranik Fashion Web Site and submitting the order.
3.2: When you place your Order, we will issue you with an Order Number, which you will receive by email.
3.3: By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
3.4: Information contained on the Apranik Fashion website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Apranik Fashion will make every effort to supply Products to you.
3.5: We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Apranik Fashion and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
3.6: We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
4: Payment Methods and Processing
4.1: Apranik Fashion currently accepts Credit and Debit card payments vi Paypal.
4.2: Payment processing will begin after you click the "Submit My Order" button.
4.3: Orders placed on weekend or public holiday will be processed in the next business day. Business days are Monday to Friday, excluding WA Public holidays.
Apranik Fashion prices are included GST unless otherwise stated on product listing.
6.1: Apranik Fashion always seeks to list Products with the most competitive prices.
6.2: Apranik Fashion reserves the right to change prices for Products displayed at Apranik Fashion at any time.
7: Supply of Your Products
7.1: Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
7.2: When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
8: Delivery Of Your Products
8.1: Delivery time takes up to 3-10 working days from the date your payment is received.
8.2: Most orders would be shipped on the next working day, if orders are received by 2:00 pm.
8.3: Apranik Fashion makes every effort to deliver your Product according to the estimated delivery times provided by Apranik Fashion at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at email@example.com
8.4: Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. Delivery is by our courier service or by Australian post. If no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
8.5: Title and risk of loss to all Products will pass to you on delivery.
9: Your Rights to Return A Product
9.1: Refunds, credit or replacements are offered only if the product sold online at retail price, not used and we receive the product back in less than 31 days.
9.2: One Month Money Back Gaurantee is not applicable to the product that has been used or damaged by you.
9.3: Cost of postage and handling is not subject to Refund and would not be covered.
10: Faulty On Arrival Products - "FOA"
10.1: An Apranik Fashion Product is considered FOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
10.2: An Apranik Fashion Customer Service member will provisionally determine whether the Product is FOA. Where a Product is provisionally determined as FOA we will arrange to replace the Product.
10.3: Refunds also will be offered where a replacement Product can not be provided.
10.4: Where Apranik Fashion has provisionally determined that a Product is FOA, return shipping will be arranged at the expense of Apranik Fashion.
10.5: If the Product is deemed by Customer Services NOT to be FOA, Apranik Fashion may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
10.6: When a Product is replaced, your replacement Product becomes your property and the returned FOA Product becomes our property.
10.7: When a refund is given, the returned FOA Product becomes our property.
10.8: Apranik Fashion reserves the right to test any returned FOA Product. If the condition of the Product was misrepresented to us by the customer, Apranik Fashion will impose a $40.00 handling and administration fee.
11: Product Problems after Delivery
11.1: If your item arrives FOA (Faulty on Arival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 28 days of delivery, Apranik Fashion will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.
11.2: Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
11.3: We will make arrangements with you for the return of the Product.
11.4: The delivery time for replacing the Product will be the same as stated for the original Product.
11.5: Replacement Products are provided with the same Warranty as the returned Product.
12: Organising the Return of FOA Products
12.1: FOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
12.2: Where you received a FOA Product by Australia Post eParcel, Customer Service will email you a PDF docket containing a RAN which you must affix to the Product. You must then leave the Product at any Australia Post Office.
12.3: Where you have received a FOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.
12.4: When a Replacement Product is arranged
12.4.1: A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned FOA Product.
12.4.2: The delivery time for the replacement Product will be the same as stated for the original FOA Product.
12.4.3: Replacement Products are provided with the same Limited Warranty as the FOA Product.
12.5: When a Refund is arranged:
12.5.1 Refunds include all shipping and associated costs for the FOA Product.
12.5.2: No refund will be given to you until Apranik Fashion has received the FOA Product from you.
12.5.3: Refunds will be issued by vulture, cheque or a credit to your credit card.
13: Some Products - Manufacturer Only Warranty
13.1: Some Products sold through Apranik Fashion are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
13.2: For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Apranik Fashion will replace the item or issue a refund of your purchase price for that item.
14: Best Price Guarantee
14.1: We at Apranik believe that while we maintain the quality of our products, our prices are the lowest.You are guaranteed the best price for your shopping at Apranik. If you find a lower price for the same product elsewhere, we will match it.
15: Our Liability
15.1: We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
15.2: Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
16: Your Data - Use And Protection
16.1: By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Apranik Fashion Products that may be of interest to you.
16.2: If you do not agree to our using such data in order to provide you with information on other Apranik Fashion Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
17: Credit Card Fraud
17.1: Whilst Apranik Fashion employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Apranik Fashion will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
18.1: You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Apranik Fashion. Any unauthorized assignment shall be deemed null and void.
18.2: If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
18.3: Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Apranik Fashion for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Apranik Fashion, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
18.4: Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
18.5: Apranik Fashion reserves the right to change the Terms and Conditions of sale at any time.
18.6: No Apranik Fashion employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
19: Force Majeure
19.1: Apranik Fashion shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Apranik Fashion, and Apranik Fashion shall be entitled to a reasonable extension of time for the performance of such obligations.
20: Governing Law
20.1: These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia state and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.