Terms and Conditions
1. Information about us
1.1 www.gant.com.au is a site operated by Salco Group Pty Ltd, as Licensee in Australia for GANT (“GANT Australia”) ABN 42 004 320 898 (also referred to as "we", "us" and "our"), at 68-72 Elgin Street, Carlton, Victoria, 3053
2. How the contract is formed between you and us
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order only constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and subject to availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.1 We will try and fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified within a reasonable time of the date of the Dispatch Confirmation. Delivery dates are not guaranteed and time of delivery is not of the essence.
3.2 The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
4. Price and payment
4.1 All prices listed are in AUD
4.2 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
4.3 Unless otherwise stated, these prices exclude delivery costs, which will be added to the total amount due. The prices include GST at the current rate of 10%.
4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.7 We accept payment with Visa/Mastercard via SecurePay, Paypal and Afterpay. The credit/debit card/ accounts being used must be yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery of your order. In the event that your card authorisation and validation is declined, we reserve the right to cancel your order. By submitting an order to us through our website you represent and warrant the payment details provided on your order are valid and correct and when your order is accepted and processed by us, payment will be made in full and you hereby give your authorisation for us to carry out such other checks as we may deem appropriate.
5. Returns and Refunds
Your Statutory Rights are not affected by this clause.
Our Returns and Refunds Policy can be viewed here.
6. Our liability
6.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
6.2 Every care has been taken in the preparation of the content of this site to ensure the items and terms are described accurately. There may however, from time to time, be technical inaccuracies and/or typographical errors. There may be slight variations from time to time in style or colour reproduction, or in text descriptions. As the actual colours you will see will depend on your monitor, we are unable to promise or guarantee your monitor's display of any colour will actually reflect the colour of the product delivered to you. To the extent permitted by law, we shall not be liable for any claims either direct or in terms of consequential loss relating to the accuracy of the information contained in any of the sections of this site, whether this arises from breach of duty, breach of contract, negligence or any other way.
6.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
6.4 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) For fraud or fraudulent misrepresentation; or (c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
7 Written communications
7.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8 Transfer of rights and obligations
8.1 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.1 By placing an order through our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
9.2 We may provide links on our site to the websites of other persons, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
10 Events outside our control
10.1 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 any act, event, omission, non-happening, or accident outside our reasonable control, including (without limitation), industrial action, civil commotion, war, riot, terrorist act, fire, explosion, storm, flood, any natural disaster, impossibility of use of appropriate modes of transport, technological or communication problems (Force Majeure Event).
10.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.1If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13 Entire agreement
13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
14 Our right to vary these terms and conditions
14.1 We have the right to revise and amend these terms and conditions from time to time and our revised terms will appear on our Site.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products, in which case we may cancel your order).
15 Law and jurisdiction
15.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law.
Website Use Policy
All material accessible on this site is protected by copyright. You may view website pages on screen and may print or download extracts of them for your own personal use. You may not make any other use of any material on the site. No part of this Website may be reproduced, transmitted to, or stored on any other website in any other form of electronic medium without our express written consent.
Availability of the Site
We will use our reasonable endeavours to provide you with a prompt and continuing service. We do not, however, warrant that the site or the service it provides will continue uninterrupted or without delay or that it will remain unchanged.
Content of the Site
While we will use our reasonable endeavours to ensure the information contained in the site is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.
The site may contain hypertext links to websites owned, operated and controlled by third parties. We have no control over or proprietary interest in any of these websites and, as such, make no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and exclude any and all liability arising from use of the same.
You may use this site at your own risk and it is understood you are personally responsible for your use of this site and for your communication and activity related to this Site. We make every effort to ensure this site is free from viruses or defects. However, it is your responsibility to ensure you use the right equipment to use this website and to screen out anything which may damage it.
On our website all trademarks, product names, company names and logos are the property of their respective owners. No permission is given either directly or implied, in respect of the use of any such brand names, photographs, product names or titles or copyrights which belong to us or other third parties, and such use may constitute an infringement of the owners rights.
Current as at October 2019