Terms & Conditions - ANNA King

Terms & Conditions

1. ANNA KING TERMS & CONDITIONS OF SALE
2. WEBSITE - TERMS OF SERVICE
3. PRIVACY POLICY

 

1. ANNA King Terms and Conditions of Sale

Thank you for choosing ANNA King. The Terms and Conditions of Sale below apply to purchases of all ANNA King bags, accessories and other products.

In order to purchase ANNA King products through our website you must be over 18 years of age and be in possession of a valid credit or debit card issued by a bank acceptable to us.

We, and similar expressions (“ANNA King” or "Anna King" or “we” or “us” or “our”), refer to ANNA King Pty Limited (ABN 37 607 136 247). You, and similar expressions, refer to you, our customer or proposed customer.

DELIVERY

We aim to deliver within the timeframe indicated by us at the time of your order.

You are liable for payment of all delivery charges, including any additional charges that may be incurred during delivery. You must ensure correct delivery address details are provided to us and notify us within a reasonable timeframe in the case of any changes to the delivery address. We will use reasonable endeavors to meet the estimated delivery date. If we do not meet the estimated delivery date for any reason, we shall not be held liable to you for any costs, damages, charges or liabilities as a result of late delivery.

ANNA King bags, accessories and all other products will only be delivered if a person is aged over 18 years and able to accept delivery is at the delivery address. Should an appropriate person not be available to accept delivery, you will be charged for transport and re-delivery costs.

You need to keep receipt of the delivered product in case of future discussions with us about it.

ORDER CONTRACTS

We shall not be obliged to supply the product to you until we have accepted your order. Unless we expressly state (through an email, letter, fax or other acknowledgement) that we accept your order, your order is solely for information purposes and does not constitute the confirmation of an order. We may in our discretion reject an order from you for any reason, including but not limited to unavailability of supplies.

RISK AND TITLE

All risk and title in ANNA King bags, accessories and all other products passes on receipt of full payment of the products by you.

PAYMENT

Full payment, by the payment methods specified on our website, is required prior to delivery of ANNA King bags, accessories and all other products. You are responsible for any costs incurred in arranging payment for the goods e.g. bank transfer fees and related charges.

You must be fully entitled to use the payment method you select on our website. The card or account must have sufficient funds to cover the full payment to us. You are responsible and warrant that the details you provide to us for the purpose of purchasing the product from us will be correct. ANNA King reserves the right to obtain validation of your payment details before providing you with a product.

By submitting your order, you are agreeing that you are aware of these Terms and Conditions and have reviewed the latest Terms and Conditions that are current on the date you submit your order.

If by any chance you have made an oversight with your order after you have made full payment of our order, please contact info@annaking.com immediately. We express that we cannot guarantee that we are able to amend your order based on your requirements.

REDEMPTION OF PROMOTIONAL VOUCHERS

ANNA King may release promotional vouchers that can be used on our website. Such vouchers can only be redeemed on our website. Promotional vouchers are valid for specific products (as defined on the promotional voucher), a specified period of time stated on the voucher only, can only be redeemed once per order, once per person and cannot be used in conjunction with other offers (including but not limited to shipping and delivery discounts, sales and other promotions or vouchers).

If you place an order for a product less than the value of the promotional voucher, no refund or residual credit will be returned to you. A promotional voucher does not gain interest nor does it have a cash value.

In the case that there is fraudulent activity or an attempt at deception in relation with a promotional voucher on our website, we are entitled to close your Account and request for a different method of payment.

ANNA King is not liable for the loss, theft or illegibility of promotional vouchers.

CANCELLATION OF ORDER BY THE CUSTOMER

If you want to cancel your order after submitting the full payment to our website and before the product has been dispatched to you, please contact info@annaking.com immediately. No cancellation fees apply in this circumstance.

Once the order has been dispatched and you have accepted delivery of the product the order may not be cancelled. The product must be returned to ANNA King within 14 days of purchase for a refund process to occur. You can return the product within 14 days of purchase to receive a refund of the full payment of the product, only if the product is unused and in the original packaging, which must be in the original condition.

CANCELLATION OF ORDER BY ANNA King

ANNA King may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

VARIATIONS AND SPECIFICATIONS

Your ANNA King product may exhibit different characteristics to the sample photograph on our website.

Photographs on our websites are an approximate guide only, as leather and fabrics may vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather.

Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

We reserve the right to change dimensions, design and construction according to our best judgment without prior notice.

CUSTOMER GUARANTEES

The following only applies if you are a deemed "consumer" under the Australian Consumer Law and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you.

ANNA King bags, accessories and all other products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Our products are intended to be used strictly in accordance with the respective instructions outlined on our website or on the packaging of the product. Consumers are responsible to use our products in strict accordance with these instructions.

If there is a defect in your ANNA King product that appears within the first 12 months, we will do the following:

(i) If a product has a minor defect, we will, at our option, repair it or offer you a replacement.

(ii) If a product has a major defect, you are entitled to:

(a) Reject the goods and receive a refund; or

(b) Reject the goods and receive an identical replacement, or one of similar value if reasonably available.

In order to submit a claim for a defective product, you will need to (at your own expense) contact ANNA King’s Support Team at info@annaking.com with details of your name, address, telephone number, ANNA King product details, and details of the defect (including photographs if possible).

INTELLECTUAL PROPERTY

You acknowledge that at all times all intellectual property including, but not limited to, designs, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of ANNA King.

The customer will not knowingly allow any intellectual property belonging to ANNA King to be pirated or copied or breached in any other manner. ANNA King may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of ANNA King's intellectual property rights.

LIMITED EDITION PRODUCTS

Various ANNA King bags and accessories are produced in limited editions. This means that these products in their exact specification (exact colour, type of leather and design features) are manufactured in small quantities. ANNA King reserves the right to determine the number of products manufactured and sold as well as increase this number in the future at its discretion.

PRIVACY

We may collect personal information in connection with our dealings with you. If so, we will abide by our Privacy Policy outlined on our website, a copy of which is available on request.

LIMITATION OF LIABILITY

In performing any obligation under these Terms and Conditions of Sale, our only duty is to exercise reasonable care and exercise reasonable skills.

To the full extent permitted by law, the maximum aggregate liability of ANNA King for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Customer Law), is limited to the amount specified below.

Our total liability under any customer contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of:

(i) $100; or

(ii) 110% of the value of the relevant contract under which the cause of action arises.

Our total liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of:

(i) $100; or

(ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.

CIRCUMSTANCES BEYOND OUR CONTROL

We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control ("event of force majeure"), regardless of whether the circumstances in question could have been foreseen.

GENERAL

If any part of these Terms and Conditions of Sale is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions of Sale continues to be enforceable and valid.

We advise you to print and keep a copy of these Terms and Conditions of Sale and your order confirmation for your future reference.

AMENDMENTS TO THE TERMS AND CONDITIONS OF SALE

We reserve the right to amend these Terms and Conditions of Sale at any time. All amendments to these Terms and Conditions of Sale will be posted on our website. Continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions of Sale.

GOVERNING LAW

These terms and conditions will be governed by, construed and enforced in accordance with the laws of New South Wales, Australia. By engaging in trade with ANNA King you agree that the Courts of New South Wales, Australia will deal with any disputes which may arise.

For further information please contact us at info@annaking.com

© ANNA King Pty Limited 2015

2. Website – Terms of Services

This website is owned and operated by ANNA King Pty Limited (ABN 37 607 136 247).

We, and similar expressions (“ANNA King” or "Anna King" or “we” or “us” or “our”), refer to ANNA King Pty Limited. You, and similar expressions, refer to you, our customer or proposed customer.

By entering, accessing or using our website in any way, you agree to comply with the following Terms of Service, including our Privacy Policy, and any other laws or regulations which apply to this website.

In addition, when you purchase any products or services through this website, you will do so subject to our Terms of Service as well as other terms set out in our sales order pages and other terms and conditions we include as a part of the sales process. By using this website, you acknowledge that you have read, understood and agree to be bound by all of our Terms of Service as they may be updated from time to time. If you do not agree with our Terms of Service you must not use our website.

CHANGES TO TERMS OF SERVICES

ANNA King reserves the right to alter and change these Terms of Services occasionally. Changes to the Terms of Services will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the Terms of Services as amended. It is your responsibility to be aware of these Terms of Services as they may be altered.

ACCURACY OF INFORMATION

While ANNA King aims to ensure that the information on this website is correct, sometimes errors do occur.

The information on this website is for information only. While ANNA King has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. ANNA King does not accept any responsibility for any error, omission or defect in the information provided on this website. ANNA King confirms that in the event of any conflict between these Terms of Service and any information that may be contained on our website and any material delivered with any ANNA King product, the terms of any material delivered with any ANNA King product shall prevail to extent of any inconsistency.

WARRANTIES

As a condition of your use of this website, you warrant that you:

(i) Will abide by our Terms of Service at all time while using our website;

(ii) Will supply only accurate and complete information when requested by our website; and

(iii) Are at least 18 years of age.

While using this website you will not:

(i) Impersonate any person or entity;

(ii) Make any false or fraudulent bookings or other information;

(iii) Post or transmit to or via this website any unlawful, threatening, defamatory, obscene, or pornographic material that could reasonable give rise to civil or criminal proceedings;

(iv) Knowingly transmit any virus or other disabling feature to the website;

(v) Interfere with, disrupt, or create an undue burden on the website or the associated systems;

(vi) Frame or mirror any part of the website without our written approval; or

(vii) Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

NON-COMMERCIAL USE ONLY

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with purchasing our products and services for domestic use.

You are not allowed to access, use or copy any material or information on this website for any commercial or unlawful purpose however you may print off any individual page for your own personal use.

INDEMNITY

You agree to indemnify and keep indemnified ANNA King in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which ANNA King may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms of Service by you, or the infringement by you, of any intellectual property or other right of any person or entity.

COLOURS AND AVAILABILITY

ANNA King bags, accessories and all other offered on our website may be offered for a limited time only. We make no representation as to the continued availability of any ANNA King product. Also, while we intend to carry sufficient inventory to service all customer requests, we may not be able to fill all orders for advertised product.

We try to reproduce colours of our products on our website as accurately as possible. However, depiction of colour is dependent on lighting, and on qualities of your online device and confirm that colour of actual product may differ from what is seen on the website.

PRICES SUBJECT TO CHANGE

All references to $ and dollars on this website are to Australian currency.

CONSUMER GUARANTEES

ANNA King bags, accessories and all other come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Additional Guarantees and warranties may be supplied from time to time for specific products available from ANNA King.

LIABILITY OF ANNA KING

Your use of this website or any information on this website is entirely at your own risk. ANNA King makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. ANNA King expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. To the maximum extent permitted by law (including the Australian Consumer Law), ANNA King does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

This website may contain links to other Internet sites provided by third parties. The provision of any of these links does not represent an endorsement by ANNA King of those Internet sites, nor does ANNA King make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. ANNA King expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by law (including without limitation the Australian Consumer Law), ANNA King is not liable to you or anyone else for:

(i) Products on the website being unavailable;

(ii) Your inability to access the website;

(iii) The loss of confidentiality in any information or material transmitted to or from the website;

(iv) Decision, action or inaction taken in reliance on the information in, or connected with, this site;

(v) Losses, costs or damages suffered or incurred by you, including direct or indirect, special, incidental, compensatory, exemplary, consequential or other damages in connection with this website;

(vi) Your use or misuse of this website or any information or material contained in this website;

(vii) The loss or modification of information or material transmitted from this website;

(viii) Any defect, technical problem or virus attached to or arising from this website or the server; and

(ix) The products on the website being unavailable; your inability to access the website.

THIRD PARTY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE

The website may contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of ANNA King for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

SWEEPSTAKES AND PROMOTIONS

Certain parts of the website may contain competitions or promotions from ANNA King or third parties. The Terms of Service for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant Terms of Service. Notwithstanding any specific Terms of Service, ANNA King specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.

PRIVACY

We collect personal and other information through this website. Our use of your information is regulated by the Privacy Act (Cth) and other legislation. Our Privacy Policy governs how we use personally identifiable information supplied to us.

TERMINATION OF ACCESS

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

COPYRIGHT

This website and its contents are the property of ANNA King Pty Limited and are subject to copyright. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of ANNA King Pty Limited.

INTELLECTUAL PROPERTY AND TRADEMARKS

ANNA King is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to ANNA King in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of ANNA King’s intellectual property is prohibited without the prior written permission of ANNA King Pty Limited Nothing contained in this website should be construed as giving you any right in or license to any of the intellectual property on or associated with this website.

DISCLAIMER

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. ANNA King makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site. To the fullest extent permitted by law (including the Australian Consumer Law) ANNA King, its directors, officers, employees, agents, contractors, franchisees, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this website and any other site linked to this website.

OVERSEAS ACCESS

This website may be accessed in Australia and throughout the world. ANNA King makes no offer in or by this website to sell any product or service in any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

GOVERNING LAW

The use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. By suing this website you agree that the Courts of New South Wales, Australia will exclusively handle any disputes which may arise through its use.

© ANNA King Pty Limited 2015

3. Privacy Policy – July 2015

ANNA King takes customer privacy seriously and will only collect and use your personal information as outlined in our Privacy Policy below.

We, and similar expressions (“ANNA King” or "Anna King" or “we” or “us” or “our”), refer to ANNA King Pty Limited (ABN 37 607 136 247). You, and similar expressions, refer to you, our customer or proposed customer.

Our Privacy Policy explains how and when we collect, use, store and distribute personal information that we collect about you. By using this website, you acknowledge that you have read our privacy policy.

COLLECTION AND USE OF PERSONAL INFORMATION

To allow us to provide high quality service to you, and to help us improve our service, we collect information about your ANNA King experience through your use of our website. We may also collect information from third parties about you. Some of the information we collect is anonymous—and relates to general interaction with ANNA King. Some of the information we collect is personally identifiable information which relates to you personally.

Personal information we collect can include your:

(i) Name and contact details;

(ii) Residential address, city, state, postcode, area code, gender, age, purchase history, income, and other details that will help us develop and stock products that might appeal to you;

(iii) Products from ANNA King (and third parties) you already own, model numbers, date and place of purchase. Your communications with us, whether in store or online, including your responses to online forms, surveys or contest participation, any other information you supply in such communication may be retained by us to help us improve our service to you. Personal information is stored and managed by us electronically and in hard copy.

We collect information from you when you:

(i) Use our website;

(ii) Order goods and services from us;

(iii) Converse with our team members;

(iv) Contact us for further information;

(v) Interact with us during our promotions, competitions and surveys;

(vi) Subscribe to our mailing list or otherwise submit information to us;

(vii) Submit a job application or résumé; and

(viii) Other methods from time to time.

OTHER INFORMATION WE MAY COLLECT

For statistical purposes we collect anonymous information on website activity (such as top pages viewed, the number of pages viewed, the number of sessions, and most popular session times). We use this data to evaluate our website performance and to improve the content we display to you. To evaluate the effectiveness of our online advertising (including click-throughs from email marketing), we may use third parties to collect statistical data. No personal information is collected on these occasions.

UPDATING YOUR PERSONAL INFORMATION

If you have created an account on our website, you can update your personal information anytime by logging on to your account on annaking.com.

ANNA KING WILL USE COLLECTED INFORMATION AS FOLLOWS

We will use and disclose your personal information for business purposes including providing best quality products to you, promoting our products and services and to generally improve our business.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

ANNA King uses information you supply to allow us to provide our service to you. We will share your information with our employees, contractors and third party marketing, business and IT service providers we use to provide our service. We will require third parties who have access to information we collect to agree in writing to store and manage that information on terms consistent with this Privacy Policy.

Some of our product suppliers and IT service suppliers are located overseas and your personal information may be transferred overseas to allow us to conduct our business.

LINKS TO THIRD PARTY WEBSITES

From time to time we include links to third party websites on our website. These links are published by us as a convenience to you. If you use these links, you will leave our website and we are not responsible for your use of any third party web service.

ANNA King is not responsible for any of these sites, their content or their usage of your personal information. We advise that you check the privacy policies on those sites.

UNSUBSCRIBE/OPT OUT AND REQUEST TO REVIEW, REVISE INFORMATION WE COLLECT

If you would like to unsubscribe from receiving our communications please contact us at info@annaking.com or click ‘unsubscribe’ on the bottom of our newsletter. ANNA King also allows you to review and revise the personal information we collect about you. To contact us for such purpose please email us at info@annaking.com and we will respond promptly to your request.

CREDIT CARD AND OTHER FINANCIAL INFORMATION

ANNA King will collect financial and credit card information as a part of the ANNA King purchase process. ANNA King may need to provide this information to a third party in order to process your payment. Any third parties that are granted access to your financial or credit card information will only be granted such access to the extent needed to perform their functions. ANNA King warrants that it will use its best endeavours to ensure that all financial and credit card information is stored securely.

CLICK STREAM DATA

Each time you visit our website our server collects some anonymous information, known as click stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server's IP address. ANNA King may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits, and most popular session times. We may use this information to evaluate and improve our website performance.

COOKIES AND WEB USE TOOLS

To improve our business, ANNA King uses a variety of tracking technologies such as cookies to recognise you each time you visit our website, as well as to track which pages are visited and what you look at on our site. A “Cookie” is a piece of information that our web server may send to your machine when you visit our website. The Cookie is stored on your machine, but does not identify you or give us any information about your computer.

A Cookie helps us to recognise you when you re-visit our website and to co-ordinate your access to different pages on the website. With most Internet browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more.

PRIVACY OFFICER

If you have any questions or concerns about this policy, or how we collect, manage and store your data or if you would like a hard copy of this policy, please contact info@annaking.com.

If you are concerned with the way ANNA King handled your personal information, please contact the ANNA King Support Team who will make available to you a privacy complaint form. You will be required to complete this form and return it to ANNA King. This will ensure the prompt investigation of your complaint.

SECURITY

ANNA King takes security of your information very seriously. We review our online and in store security features on a regular basis and have committed to take all reasonable precautions to protect information we collect from you from loss, misuse or alteration.

CHANGES TO THE PRIVACY STATEMENT

We reserve our right to revise this Privacy Policy from time to time. We will publish all updates to our Privacy Policy on our website.

ANNA KING EMPLOYEES AND CONTRACTORS AND POSITION APPLICANTS

Additional terms may apply to ANNA King employees, contractors, service providers and job applicants. We confirm that those further terms will be set out in any employment or service contracts. This Privacy Policy does not apply in relation to acts and practices of ANNA King which relate directly to the employee records of present and former employees of ANNA King.

© ANNA King Pty Limited 2015