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TERMS + CONDITIONS

Ownership

This Website and all content is operated and owned by SHEIKE & Co Pty Ltd (ABN 22 001 784 283), 60 Mary Street, St Peters, NSW, Australia, 2044 (SHEIKE).

By ordering a SHEIKE product from the Website, you are accepting and agreeing to the following Terms & Conditions.

SHEIKE reserves the right to make changes to the Website and these Terms & Conditions on 30 days’ notice to you.  Any changes to the Terms & Conditions will not affect any existing orders.  It is your responsibility to regularly check the Website in case there are any changes made, including each time you purchase a SHEIKE product. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

Personal Information and Privacy

When ordering a SHEIKE product you must provide SHEIKE with your personal information.  You warrant that the information you provide SHEIKE is accurate, complete and up-to-date and you will inform SHEIKE of any changes to that information.

If you become a SHEIKE member, you are responsible for maintaining the confidentiality and security of your account, including your username/email address and password and you further acknowledge and agree that you will not disclosure these details to any person not duly authorised by you.  You are solely responsible for all activities that occur on your account and under you username/email address and password.

You must immediately notify SHEIKE of any unauthorised use of your account, username/email address or password. 

SHEIKE will handle your personal information in accordance with the Privacy Policy, which can be found here [hyperlink to PP].

Intellectual Property

Unless otherwise indicated, SHEIKE owns all copyright of the material on the Website. All images, logos, registered or unregistered trade marks and any other intellectual property rights in, or used on, the Website are the property of SHEIKE or SHEIKE’s licensors and must not be used without SHEIKE’s prior written consent.  

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, 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.

Terms of Use

You may only use the Website and the content on the Website for personal purposes unless SHEIKE provides express written consent.

You must not use the Website to:

(a)     commit or encourage a criminal offence;
(b)     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;
(c)     corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;
(d)     send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(e)     attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Liability

You understand that the Website is provided “as-is” and “as-available”.  We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of this Website without prior notice.

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.

Where a mandatory term or consumer guarantee is implied by law, SHEIKE’s liability for breach of such term or consumer guarantee is limited, at our option, to:

(a)     the replacement of the goods or the supply of equivalent goods;
(b)     the repair of the goods;
(c)     the payment of the cost of replacing the goods; or
(d)     the payment of the cost of having the goods repaired.

To the extent SHEIKE’s liability cannot be excluded, SHEIKE’s maximum liability to you will be limited to $250.

Placing an Order on the Website

When you place an order for a SHEIKE product, SHEIKE will immediately process your payment.  If your payment is successful, SHEIKE will send you an acknowledgement email confirming payment.   

Pricing

You will be charged in full at the time of ordering a SHEIKE product by supplying SHEIKE with a valid credit or debit card issued by a bank acceptable to us, or a valid PayPal account.  SHEIKE retains the right to refuse any order requested by you.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur.  If we discover an error in the price or payment 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 the order is cancelled and you have already paid for the goods, you will receive a full refund.  See our Shipping + Returns Policy for more details.

All prices are in Australian Dollars (AUD) and are inclusive of GST.  

The parties agree that all amounts payable under this Agreement are exclusive of GST.  If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in this Agreement plus GST. The parties must provide each other with all documentation required to claim any Input Tax Credit, set off, rebate or refund for or in relation to any GST included in any payment made under this Agreement. In this clause, the terms “GST”, “Taxable Supply” and “Input Tax Credit” have the meaning given in A New Tax System (Goods and Services Tax) Act 1999 and related tax imposition Acts of the Commonwealth of Australia

Delivery costs may be charged in addition to the cost of the product and these are clearly displayed  and included in the ‘Total’(where applicable).

Discounts are offered at SHEIKE’s discretion in line with our seasonal sales.  Any conditions applicable to the discounts will be specified at the time of issued.  You are not entitled to discounts coming into effect after you have placed your order.  

Payment

You acknowledge we will perform standard security checks on the payment details you provide and will process credit card payments by Fat Zebra. In the event of unusual activity, SHEIKE reserves the right to temporarily or permanently suspend payment via your credit card and we may contact you, your bank or any other relevant third party to report such unusual activity.

We want to make your shopping experience as seamless as possible so to make things easy we accept all major credit cards including Visa, MasterCard and American Express. We also allow payments via Paypal and Afterpay.

Afterpay

Afterpay is a service that allows flexible payment plans for online purchases. Shop the pieces you want now and pay it off in four equal payments over 8 weeks.

To use Afterpay you must:

- Have an Australian residential address
- Pay with a credit or debit card
- Be over 18 years old

Using Afterpay for the 1st time
- Add garments to your shopping bag to the maximum of $1000
- Choose Afterpay as your payment method at checkout
- You will be prompted to create an Afterpay Account and confirm and pay the first of four instalments up front

Additional Information:

  • Funds for the first payment made using Afterpay must be available on your credit or debit card at the time of checkout. (First payment will not occur until 14 days after checking out.)
  • If you wish to return your purchase partially or in full please adhere to our online returns and exchanges process. Should your order be eligible for a return your initial payment will be refunded and the remainder (3 payments) will be cancelled at no charge.
  • If you fail to make a payment you will be charged a late fee of $7 by Afterpay which is non-refundable. Further each week you fail to pay after the initial $7 late fee an incremental $10 late fee will apply for each week the payment is overdue.
  • All sale items purchased on AfterPay will be store credited or exchanged as per our Shipping + Returns policy. Therefore the payments will continue as per schedule and a store credit will be emailed to you.

If you are unsure or have further questions please visit Afterpay Website 

Customs and Import Taxes

Any Customs and Import charges are applied once the order reaches its destination country, and you must pay these charges.

SHEIKE has no control over these charges and cannot be held responsible for charges applied.  Contact your local Customs Office before placing your order if you are unsure of costs involved.

Shipping and Delivery

Delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to postal/courier delays or delay caused by strike, fire, flood, failure of suppliers, or any other circumstances beyond SHEIKE’s reasonable control.  

Please refer to our Shipping + Returns Policy for further information.

SHIEKE ships to the internationally to the countries listed on the Shipping + Returns Policy.  All international orders are subject to a delivery charge.

You can track your order here using the consignment number you receive via email when you place an order, or by logging in to My Account and reviewing your order there

You will not be reimbursed for any delays which are the fault of the courier and not SHEIKE where an Express service is selected.

Returns

SHEIKE will accept returns in accordance with its Shipping + Returns Policy.

Customer Service

We will use reasonable endeavours to respond to all emails within 24-48 hours.  Our customer service team can be contacted directly on (02) 9336 2170.

SHEIKE Vouchers

If you purchase SHEIKE Gift Vouchers, the following terms will apply.  The SHEIKE Gift Vouchers:

(a)     are valid for 6 months from date of purchase, irrespective of when the recipient may receive it;
(b)     will be activated within 24hrs of purchase;
(c)     can be redeemed against all products in store or on the Website;
(d)     are non-transferable and may not be returned or redeemed for cash; and
(e)     cannot be paid for using a SHEIKE Gift Voucher.

If a purchase is of a lower value to the SHEIKE Gift Voucher total, the remaining amount will resume on the same code. This can then be used on future purchases and will be valid to the same expiry period from original purchase.  

If a purchase exceeds the value of the SHEIKE Gift Voucher the remaining amount must be paid for by credit card or PayPal (online) or credit/debit card/cash (in store).

If a return/exchange is requested for a purchase made using a SHEIKE Gift Voucher, the remaining balance will be reissued as a SHEIKE Credit Voucher.

If a return/exchange is requested for a purchase made using a combination of Credit or Debit Card/Cash/PayPal and a SHEIKE Voucher, a refund will be issued using the same payment type.

Sales tax and/or shipping is still applicable on any products purchased with SHEIKE Voucher.

SHEIKE is not responsible if a SHEIKE Gift or Credit Voucher is lost, stolen, destroyed or used without permission and reserves the right to cancel a SHEIKE Voucher if such action is deemed as necessary.

If you buy a SHEIKE Gift Voucher online:

(a)     it will be emailed to the recipient once the full order has been processed and payment has been made (unless an alternate date is selected). An invoice with proof of purchase will be sent to the purchaser as confirmation;
(b)     it will include a unique code that can be used against an online order. The code needs to be entered in at the point of reviewing items in an order (in the ‘MY BAG’ step of the checkout process);
(c)     you are responsible for ensuring you have entered the correct email address for the recipient. SHEIKE is not liable for delivery of a SHEIKE Online Voucher to an incorrect or non-existent email address; and
(d)     promotion codes cannot be applied to the purchase of SHEIKE Gift Voucher.

Other Activities and Third Party Websites

From time to time, SHEIKE may promote, or advertise events, offers, products, services or other activities that may be conducted offline and may be conducted by third parties.  These events, products, services or other activities may be subject to separate terms and conditions.  You acknowledge that you participate in any of these activities entirely at your own risk.

The Website may feature or display hyperlinks and pointers to websites operated by third parties.  Such websites do not form part of the Website and are not under our control.  We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave our Website entirely at your own risk

 

General

Any failure by SHEIKE at any time to enforce these Terms & Conditions or any of its rights will not be a waiver of such rights, or affect the validity of these Terms & Conditions. If any clause or part of a clause of these Terms & Conditions is not valid or enforceable it will be severed and the remainder of these Terms & Conditions will continue to have full force and effect.

These Terms & Conditions are governed by the laws in force in the state of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute concerning these Terms & Conditions. 

 

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SHEIKE Research Terms + Conditions

  1. These Terms and Conditions govern the Competition. All other information provided prior to entering the Competition, including any instructions on how to enter the Competition, form part of these Terms and Conditions. Participation in this Competition is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid.
  2. To enter, entrants must simply complete the survey and answer the question “What is your ideal Spring Racing outfit?” to be deemed eligible.
  3. The Winners of the Competition will win one (1) of three (3) AUD $500 SHEIKE Wardrobes, operated as a shopping spree in-store, or coupon online, during a full price period. 
  4. The Winners will be randomly selected from all eligible entrants.
  5. Entry is open to Australian residents aged 18-years and over only. Employees (and their immediate families) of the Promoter, and its agencies associated with this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 
  7. The Entrant acknowledges and agrees that their Entry will not be obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encouraging of conduct that would be considered a criminal offence, gives rise to civil liability, or violate any law.
  8. The Entrant confirms and warrants that they have full power and authority to enter into this agreement and hereby indemnifies the Promoter from and against any and all costs and damages incurred as a result of any breach of these Terms and Conditions.
  9. The competition commences at 9am AEDT on Monday 13 February 2017 and closes at 2359 AEDT Monday, 20 February 2017 (the “Competition Period”). Final Entries must be saved before 2359 AEDT Monday, 20 February 2017.
  10. At the conclusion of the Competition Period, three (3) Entries will be selected as the Winners of the Competition.
  11. The Winner shall be determined at SHEIKE&Co Pty Ltd, 60 Mary Street, St Peters, NSW 2044 and announced on Friday 24 February 2017. The decision is final and binding upon all entrants and no correspondence will be entered into. Entrants who are not winners will not receive any notification at all. The winner will be notified via Email and be asked to confirm their details. SHEIKE accepts no responsibility for unread, undelivered or incorrectly provided email or telephone information.
  12. The total prize pool for this promotion is maximum AUD $1,500.
  13. The Prize must be taken as stated and is not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be used for Lay-By or redeemed for cash or Gift Cards.
  14. If a Winner is not contactable or the Prize is not claimed by the Winner prior to 13 March 2017 it will be forfeited and will not be awarded to an alternate winner. 
  15. Any additional expense incurred as a result of winning this prize is the responsibility of the winner.
  16. To the extent permitted by law, the Promoter is not responsible or liable for:
    • Inaccurate / incorrect transcription of entry information;
    • Purported entries that are not received for any reason, including because they are lost, misdirected or stolen, or that are received, but are late, illegible, incomplete, sent with insufficient postage (where entry is by post), or sent other than as directed in the entry instructions;
    • Any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software;
    • The unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any website;
    • Unauthorised human intervention in any part of the competition;
    • Electronic or human error which may occur in the administration of the competition;
    • Any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where applicable, to any family/persons accompanying a winner; or
    • Any injury or damage to persons or property, including to the participant’s or any other person’s computer related to, or resulting from, participation or downloading any materials in this competition.
  17. If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this competition. 
  18. The Promoter is SHEIKE & Co Pty Ltd (ABN 22 001 784 283) of 60 Mary Street, St Peters, NSW 2044. Phone: (02) 9336 2100. We will facilitate the fulfilment and management of the prizes.
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