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TERMS + CONDITOINS

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 Gift 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 Gift 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 Gift Voucher.

SHEIKE is not responsible if a SHEIKE Gift Voucher is lost, stolen, destroyed or used without permission and reserves the right to cancel a SHEIKE Gift 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

Click Frenzy 2016 Promotional Terms

All standard terms and conditions apply. In addition to these, note the following conditions

  • Offer is 20% off full price product and only available online.
  • This offer is strictly available between 7pm Tuesday 15th - 7pm Wednesday 16th November 2016 (AEDT).
  • Offer excludes sale items and gift vouchers.
  • This offer cannot be used in conjunction with any other offer or redeemed against a prior purchase.
  • Customers must use the coupon: FRENZY20 on the MY BAG page and click "Apply" in order to redeem the offer.
  • If the code cannot be applied for any reason, SHEIKE is not liable, however if you email online@sheike.com.au with your enquiry within the specified time frame we will endeavour to support you if the issue is within our control.
  • Offer is available for items which are live on the website between Tue 15th Nov 7pm - Wed 16th Nov 7pm (AEDT). It is not applicable to customer specials.
  • Item/s purchased on the day of the promotional offer will be deemed as sale items and so the standard Sale returns policy will apply (no refunds).
  • For the duration of the promotion it is considered a sale period, so you may experience a delay in receiving your items however your order will be sent to you as soon as possible.

Super Saturday 2016 Promotional Terms

All standard terms and conditions apply. In addition to these, note the following conditions

  • Offer is 20% off full price product and available in store and online.
  • This offer is strictly available only on Saturday 2 December 2016 (AEDT).
  • Offer excludes sale items, lay-by's, customer specials and gift vouchers.
  • This offer cannot be used in conjunction with any other offer or redeemed against a prior purchase.
  • Customers must use the coupon: SAT20 on the MY BAG page and click "Apply" in order to redeem the offer online.
  • If the code cannot be applied for any reason, SHEIKE is not liable, however if you email online@sheike.com.au with your enquiry within the specified time frame we will endeavour to support you if the issue is within our control.
  • Offer is available for items which are live on the website on Saturday 2 December 2016 (AEDT). It is not applicable to customer specials.
  • Item/s purchased on the day of the promotional offer will be deemed as sale items and so the standard Sale returns policy will apply (no refunds).
  • For the duration of the promotion it is considered a sale period, so you may experience a delay in receiving your items however your order will be sent to you as soon as possible.

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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