Detailed description of goods and/or services
Please read the terms and conditions carefully.
www.shopxone.com.au is a business in the clothing industry that market, designs, and sells Sports and Yoga Wear.
This section tells you about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.shopxone.com.au to you.
These Terms will apply to any agreement between us for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or goods from our site. We make changes to these Terms from time to time as set out in clause (7).
Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time.
Please read the Overview carefully.
This website is operated by www.shopxone.com.au Yoga Wear. Throughout the site, the terms “we”, “us” and “our” refer to SHOPXONE (Jyoti Rawat PTY LTD.) Yoga Wear.
SHOPXONE Yoga Wear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site www.shopxone.com.au and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
INFORMATION ABOUT US
1.0 OUR PRODUCTS
1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
1.2 Although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our site have a 5% tolerance.
Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our Customer Services team via email on [email protected] If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact our Customer Services team as set out above.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.0 HOW WE USE YOUR PERSONAL INFORMATION
We are committed to protecting and respecting your privacy. This clause 2 sets out the basis on which any personal data we collect from you, or which you provide to us, will be processed by us. By visiting our website you are accepting and consenting to the practices described in this clause 2.
2.1 We may collect and process the following data about you:
(a) You may give us information about you by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
2.2 We use information held about you in the following ways:
(i) To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
(ii) To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
(iii) To provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
(iv) To notify you about changes to our service;
(v) To ensure that content from our website is presented in the most effective manner for you and for your computer.
2.3 Information we collect about you. We will use this information:
(a) To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(b) To improve our website to ensure that content is presented in the most effective manner for you and for your computer;
(c) To allow you to participate in interactive features of our service, when you choose to do so;
(d) As part of our efforts to keep our site safe and secure;
(e) To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
(f) To make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.
2.4 Disclosure of your information:
(a) We may share your personal information with any member of our group or with selected third parties including business partners, suppliers, advertisers and advertising networks, and analytics and search engine providers.
(b) We may disclose your personal information to our professional advisors or if we are under a duty to do so in order to comply with any legal obligation.
2.5 Protection of personal data
(b) Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
(c) Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
2.6 Your rights
(a) You have the right to ask us not to process your personal data for marketing purposes.
(b) Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
4.0 YOUR PURCHASE
4.1 By placing an order on our website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old. If you are under 18 we may need the express consent from your parent or legal guardian.
5.0 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 When you purchase Products from our Website, and you have pressed the “COMPLETE ORDER” button we shall confirm your Order via email and assign you with an order number via email to confirm your purchase. This email is NOT an acceptance of your Order, just a confirmation that we have received it (“Order Confirmation”) The Order Confirmation will confirm the following: a description of the Products ordered; the total price of the goods; the applicable delivery charges, information relating to your right to cancel
5.3 The contract between us will only be formed when we send you the “Dispatch Confirmation”. The Dispatch Confirmation is the email that we send to you when we have accepted your Order and it will be sent to you on dispatch to you of your Order (unless we have been unable to fulfill your Order or if you have cancelled the Order beforehand).
5.4 Please quote the order number in all subsequent correspondence with us. All prices for the Products GST unless otherwise stated.
5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause
5.6 We will inform you of this by e-mail and we will not process this part of your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.0 OUR RIGHT TO MODIFY THESE TERMS
6.1 We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.2 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) Changes in relevant laws and regulatory requirements; and
(b) Due to any unforeseen circumstances affecting the manufacturing process.
6.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.
7.0 CONSUMER RIGHT OF RETURN AND REFUND
7.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 However, this cancellation right does not apply in the case of any bespoke or customized goods which have been customized in accordance with your specific request.
7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You can also contact our Customer Services team by email, telephone or post. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.4 If you cancel your Contract we will:
(a) Refund you the price you paid for the Products, less the cost of delivery to you. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.7;
(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full.
7.6 We will refund you on the credit card or debit card used by you to pay. If you used a gift card to pay for the Product we may refund you by issuing a new gift card.
7.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) Then you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the Contract.
(b) Unless the Product is faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products to us
7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms
8.1 We will contact you via email when your order has been dispatched and this email will have a tracking code so you can monitor the progress of your delivery. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
8.2 You own the Products once we have received payment in full, including all applicable delivery charges.
8.3 If we miss the 30 day delivery deadline (for any Products then you may cancel your Order straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery deadline was essential.
8.4 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.5 If you do choose to cancel your Order for late delivery under clause 8.4 or clause 8.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this(. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9.0 INTERNATIONAL DELIVERY
9.1 You may place an Order for Products from outside AUSTRALIA (International Delivery Destinations), but please note that your Order may be subject to import duties and taxes which are applied when the goods reach the destination. Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information. If you reject a package (e.g. because you are not willing to pay the customs tax) then we will deduct the return cost of the order from the value of the refund.
9.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.0 PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product excludes GST (where applicable) at the applicable current rate chargeable in Australia.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.0 HOW TO PAY
11.1 If you have ordered Products from our website, you can pay for the Products using a PayPal account. The payment methods we accept will be set out on our website.
11.2 Payment for the Products and all applicable delivery charges is in advance.
11.3 We do not store credit card details nor do we share customer details with any 3rd parties.
12.0 OUR LIABILITY TO YOU AS A CONSUMER
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
13.0 EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an event outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event outside Our Control is over.
13.4 You may cancel a Contract affected by an Event outside Our Control [which has continued for more than  days], to cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14.0 OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this web-page if this happens.
14.2 Offers Each offer must be taken as stated and shall not be exchangeable for cash or any other alternative. Each offer will be strictly subject to availability. No offer shall be used in conjunction with any other offer or promotion. ShopXone reserves the right to withdraw/cancel an offer at any time without prior notice. The decision of ShopXone is final and ShopXone Yoga Wear shall have the discretion to divert from these terms and conditions should they deem fit to do so.
14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.0 Governing Law
15.1 The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with the online shopping laws of Australia.
15.2 You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Australia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in relation with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.