Terms & Conditions
TERMS & CONDITIONS
At El Minara we are committed to providing you with terms and conditions of sale which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these terms and conditions.
“Courier” means any such fulfilment courier as we may choose to use.
“Shipping date” means the date specified by us, the seller, when the goods are to be delivered, however time is not of the essence of this contract.
“Goods” means the items which you agree to buy from us, the seller.
“We/us” means El Minara Pty Ltd, the seller of the goods.
“You” means the customer acting as a consumer.
2.0 TERMS OF SALE
The terms of sale shall apply to all contracts for the purchase of goods by you from us, the seller, to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These terms of sale supersede all previous agreements and understandings between the parties. Any amendment to the terms of sale will only be effective if signed by a director of SUPA SUNDAYS Pty Ltd.
2.1 PLACING AN ORDER
All orders are subject to acceptance and availability. 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. Once you have placed an order with us, you will receive an order confirmation e-mail acknowledging receipt of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
In the unlikely event that an item(s) from your order is unavailable, it will NOT be substituted for an alternative product and you will not be charged for the item.
When placing your order we carry out a standard pre-authorization check on your payment card. Payment will not be taken until your order has been accepted and the goods dispatched. We carry out security checks on all orders and may cancel your order should it fail these checks, upon which you will be notified.
A contract between you and El Minara Pty Ltd will not be formed until we send you a further email confirming that your order has been accepted and your goods have been dispatched. Only those goods listed in the despatch confirmation e-mail will be included in the contract formed.
We reserve the right not to accept your order in the event that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
2.2 CANCELLING AN ORDER
You may cancel an order at any time up until, but not after, the point of when the goods are being despatched.
2.3 SIGNING FOR YOUR ORDER UPON Shipping
All orders are security sealed before leaving our Distribution Centre and under no circumstances should packages be signed for if these seals are broken or the packaging is damaged upon arrival.
2.4 CUSTOMS & DUTY
Please note that recipients outside Australia will be responsible for any IMPORT DUTIES, CLEARANCE FEES or BROKERAGE fees including any other additional charges. We operate on a DDU (Delivered Duty Unpaid) basis. This is managed by our freight service providers on a ‘pay on Shipping’ basis. Sometimes goods may be subject to delays, due to customs or weather. The customer is responsible for providing any information required by customs to ensure the goods are cleared. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
2.5 REFUNDS & EXCHANGES
Refunds are offered in the instance of a manufacturing fault. We do not offer refunds in instances where the customer has changed their mind about the item or the item doesn’t fit. If you change your mind about the style or the item doesn’t fit you then you are able to exchange it for another item of equal value or greater value. In the event that the item is exchanged for another of greater value then the customer must pay for the difference in value between the two items. Please see our Exchange Policy below for more details.
If you believe that the item has a manufacturing fault then please email us at: firstname.lastname@example.org outlining the nature of the fault and your concerns. As a matter of course, we will generally ask you to post the item back to us to the following postal address:
SUPA SUNDAYS P/L
148 Mullens St
Rozelle, NSW, 2039
Please use a secure, insured and tracked Shipping service as El Minara cannot accept liability for any items not received.
Once we receive the item we will inspect it. Customers must ensure that all items returned are in the condition in which they were received, are unworn and are returned within their original packaging with the labels and tags intact. If, upon inspection, the item is found to have a manufacturing fault then we will exchange the original item for a new item of the same style and colour. We will also refund you the cost of posting the item back to us. Instances in which a faulty item can be exchanged are not be eligible for a refund.
Where faulty goods returned cannot be exchanged (for example, in the instance where the style has sold out) then a full refund will be issued to the customer. All refunds will be made via the original method of payment. We will send you an email stating that your return has been completed. Refunds are normally processed within 48 hours of receipt. However, please note that during busy periods processing may take longer. Credits normally take 3-5 business days to appear on your credit card statement.
If the item is not found to have a manufacturing fault then it will be posted back to you without a refund.
2.6 PRE – ORDER ITEMS
We will endeavour to deliver any items, which have been pre-ordered as soon as they become available. On placing an order for a pre-order item, we will email you with an anticipated Shipping date; however this may be subject to change due to circumstances out of our control. We will keep you updated on any changes to the Shipping date and you can request a refund at any time up until the point of dispatch at which our standard returns policy will apply.
2.7 PRICING & PROMOTIONS
As an Australian based company El Minara Pty Ltd charges a Goods & Services Tax [“GST”] on all orders placed on el-minara,com, both within Australia and internationally.
Unfortunately, we cannot advise you in advance of reduced priced items or reimburse you the difference after your order has been accepted.
Please note that promotional codes cannot be used in conjunction with any other offer or promotion.
In the unlikely event that there is a dispute in relation to the goods supplied, any dispute or claim shall be governed and construed according to Australian Law and shall be subject to the exclusive jurisdiction of the Australian Courts. If any provision of these Terms & Conditions is held by any Court or other authority to be invalid or unenforceable in whole or in part, then the validity of the rest of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby.
4.0 PRODUCT AUTHENTICITY
El Minara Pty Ltd does not trade via eBay or any other auction website. We are not able to verify the authenticity or quality of any item sold on such a site under the El Minara Pty Ltd brand name.
By using this website, you consent to us:
a] Passing your Shipping address and telephone number to our courier in case they need to contact you directly if there is a problem with your Shipping.
b] Contacting you by email or telephone in relation to you having placed an order or made an enquiry.
Credit card and debit card details are checked and verified by a third party. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988 (Cth).
We may use information concerning you for payment recovery or to investigate any possible fraud in the event that credit or debit card payments have been used in a fraudulent manner. Please note that we may be required to disclose information concerning you if requested to do so by the police.
All card data you choose to save within your account for future purchases with us here at El Minara Pty Ltd is stored securely and within level 1 PCI compliant data centres.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus 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 it; 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, or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence under the Criminal Code Act 1995 (Cth).
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.
El Minara Pty Ltd reserves the rights to take any customer account out of use at any time if it is believed that the website and the products and services available through it are being misused.
7.0 ONLINE SECURITY PREVENTION
El Minara Pty Ltd takes online fraud prevention very seriously and in doing so performs random security checks on ALL online purchases to protect our genuine customers from online identity theft.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. One of the purposes for which we may disclose your address and postcode details is to check against our Address verification process.
All El Minara Pty Ltd online customers may be subject to random security checks. The checks must be complete before we can dispatch your items to you.
In the event that any of your security validation may be incorrect during any random security checks then El Minara Pty Ltd may require additional identification to verify your account. The Identification we accept is a valid drivers license or a valid passport only.
If you do choose to proceed with any of our online security checks, all information you give will be confidential and any identification received will be destroyed immediately in accordance with thePrivacy Act 1998 (Cth).
We are forever trying to improve the accessibility of our site to provide a website that’s available to the widest possible audience by constantly improving usability.
The site displays correctly in current web browsers. If you view our site on an older browser, you may find pages don’t display as intended. We recommend you upgrade your browser to the latest version of one of the following, to get the most from our site.
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