You must not misuse this website. you cannot access or use the Italian Shoes website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content;
You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Italian Shoes will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
intellectual property, software and content
The intellectual property rights in all software and content made available to you on or through this website remains the property of Italian Shoes and are protected by intellectual property and copyright laws. you may store, print and display the content supplied solely for your own personal use. you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise. for the avoidance of doubt, no license is given to you by Italian Shoes in relation to any intellectual property on the website.
Where you register for any area of this website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
terms of sale
General - by placing an order for any goods on our website you are offering to purchase the goods on and subject to the following terms and conditions. all orders are subject to availability and confirmation of the order price.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Payments - all prices are in Australian dollars unless otherwise quoted. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. Customers shipping internationally will not be charged Australian GST of 10%, this will be discounted at check out. You should check with the issuer of your credit or debit card for details of any such fees. We accept payments PayPal or any other payment method indicated by us on the website.
Upon receiving your order we may carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed.
Your card will be debited once we have confirmed availability of your order and your payment has been approved. If we are unable to fulfil the order we will contact you immediately to offer an alternate style. If an alternate product cannot be found the order will be cancelled and payment will not be taken.
disclaimer of liability
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these terms or their subject matter, not contained in these terms, are excluded from these terms to the maximum extent permitted by law. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian consumer law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, warranty, term or condition is implied or imposed in relation to these terms under the Australian consumer law or any other applicable legislation and cannot be excluded (a non-excludable provision), and Italian Shoes is able to limit the remedy for a breach of the non-excludable provision, then the liability of Italian Shoes for breach of the non-excludable provision is limited to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired. Subject to Italian Shoes obligations under the non-excludable provisions and to the maximum extent permitted by law, Italian Shoes is not liable for damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you this website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this website are in no way associated, linked or affiliated with Italian Shoes and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Italian Shoes shoes.
You agree to indemnify, defend and hold harmless Italian Shoes shoes, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these terms.
Italian Shoes shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.
If any part of the terms is unenforceable the enforceability of any other part of the terms will not be affected all other clauses remaining in full force and effect.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. any waiver of any provision of the terms will be effective only if in writing and signed by a director of Italian Shoes.
governing law and jurisdiction
These terms and conditions are to be construed in accordance with the laws of NSW, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the NSW courts.
The above terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Italian Shoes.