In these terms and conditions, ‘we’ ‘us and ‘our’ refers to Someday Elsewhere
. Your access to and use of all information on this website including purchase of our item/s is provided subject to the following terms and conditions.
We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
OUR WEBSITE SERVICES
1. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered within 7 days of the order placement.
2. We strive to ensure that our items are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3. Images have been provided for illustrative purposes only and we do not guarantee that any given image will reflect or portray the full design or options relating to that item.
4. We endeavour to ensure that our item list is current however we give no undertaking as to the availability of any item advertised on our website.
5. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time.
6. Shipping of your item/s is an additional charge, calculated at time of purchase and is only available within Australia at this time.
7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
8. We undertake to fulfil your order within 5 days of it being placed. If we have not responded to you advising of the order dispatch within 5 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that item in stock.
9. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. You should carefully check that your order is accurate before you submit it to us. You will, however, be able to return items under our Returns Policy.
10. Delivery of your ordered item/s will be as set out on our website. The title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
11. All risk of loss or damage to the goods passes to you when we despatch the goods.
12. Items can only be returned under these terms and conditions and under the Returns Policy. The Returns Policy forms a part of these terms and conditions.
13. Shipping charges will not be refunded if you return items for change of mind or if you made an incorrect selection, including if you ordered the incorrect size, colour etc. You are responsible to cover the cost of items in both of those situations. We will refund shipping charges if you return items on the basis that they are faulty.
14. If we process a refund under these terms and conditions, we will use reasonable endeavours to process the refund as soon as practicable. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
15. When you visit our website, we give you a limited licence to access and use our information for personal use.
16. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
17. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
18. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
19. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or items which they provide.
20. Linking our website is not permitted without our prior written consent. We reserve the right to serve you with notice if we become aware of such linking without our consent.
INTELLECTUAL PROPERTY RIGHTS
21. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
22. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
23. Whilst we have taken all due care in providing the information on our website and in our items, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
24. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
25. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS
26. Our items come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
27. We may provide an additional warranty in addition to your consumer law rights and remedies. Any warranties given by us provide you with benefits in addition to the Australian Consumer Law rights and remedies.
28. We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these terms.
LIMITATION OF LIABILITY
29. You represent and warrant to us that we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these terms.
30. Our liability to you for loss or damage of any kind arising out of these terms and conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
31. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
32. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
33. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
34. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
GIVEAWAYS, COLLABORATIONS & COMPETITIONS
36. By entering Someday Elsewhere Giveaways & Competitions held via email or on social media platforms including (but not limited to) Facebook & Instagram, the entrant agrees & acknowledges the following:
- They are 16 years of age or older
- The entrants have followed the correct method of entry as stated on the promotion/giveaway/competition post or email.
- Failure to follow the correct method of entry to any promotion/giveaway/competition confirms an invalid entry & Someday Elsewhere reserves the right to a redraw.
- The promotion/giveaway/competition will be conducted over the period stated within the competition terms on the social media post or email
- The prize is valued in Australian Dollars unless stated otherwise
- All vouchers are valid until the expiry date stated on the voucher provided by Someday Elsewhere
- Prizes to be claimed within 14 days
- Prizes include free express shipping unless otherwise stated
- If preferred sizing or colour of the prize for the specific promotion/giveaway/competition entered is not available, Someday Elsewhere have the right to offer a voucher in place of the prize which equals the same value as the prize on offer for the particular promotion/giveaway/competition the entrant has won.
- Someday Elsewhere is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with.
- The customer is responsible to pay any taxes or duties applied by customs in the country where the order has been placed & the customer agrees this is not the responsibility of Someday Elsewhere.
- Someday Elsewhere does not accept responsibility for any late, lost delayed, incomplete or incorrectly submitted entries.
- Winners will be drawn at random and the winner does not need to be present at the draw. The winners will be notified via the platform used for the competition (Instagram/email/Facebook etc.) unless otherwise specified.
- Prizes are not transferable and cannot be exchanged for cash/product/voucher unless agreed by Someday Elsewhere
- By entering the promotion/giveaway/competition, the entrant agrees that the promotion/giveaway/competition is in no way sponsored or endorsed by Facebook or Instagram and release Facebook & Instagram from all liability in relation to Someday Elsewhere promotion/giveaway/competition.
- Any complaints regarding the promotion/giveaway/competition should be directed to Someday Elsewhere and not Facebook or Instagram