General Website Terms and Conditions of Use

1. Acceptance of Terms

Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service").By using the Services, or by registering as a user or wholesaler, you (“You”) agree to be bound by the following agreement (“General Website Terms and Conditions of Use”) between You and Ivarnasilk Pty. Ltd (“We", “Us”) governing your access to, browsing and/or use of our website www.ivarnasilk.com.au ("Site"), and your use of Our online purchasing facility (“Service”). You also agree to comply with all applicable laws and regulations.

We reserve the right, at our discretion, to update or revise these Terms of Use by posting the newer version on the Site at any time and without prior notice to you. Your continued use of this Site or the Service after We post any changes to these Terms of Use constitutes Your agreement to those changes.

2. Your Warranties and Obligations

By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in deliveryoccurring due to postal delays or force majeure. ivarnasilk.com.au are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you.

3. Prohibitions

You must use the Services in good faith. You must not disclose your user name or password (if any) to any other person. You are responsible for any transactions made using your user id and password.

You must not do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of any person.  You must not use the Site for purposes outside these Terms of Service.
This Site contains material which is subject to protection under Australian and international copyright and other laws governing protection of intellectual property rights. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, createderivative works from, adapt, or edit such materials.However, You may copy (either electronically or in hard copy) material on the Site only for use in conjunction with the Service.

4. Disclaimers and Limitations to Liability
The material contained in this Site is provided on an "as is" basis. To the maximum extent permitted by law, We disclaim all representations and warranties, express or implied, with respect to such material.

Please note that in some cases products may look different from the illustration posted on the Site, either due to possibility of slight colour variations or the way it appears on Your screen.

Neither We nor any of our directors, employees or other representatives, will be liable for any loss, damage or personal injury whatsoever which may arise out of or in connection with Your use of this Site or the Service, to the maximum extent permitted by law.

This limitation of liability extends to loss, damage or personal injury caused directly or indirectly by Your access to or inability to access this Site or the Service, and Your reliance on any information provided in the Site, even if We have been advised of the possibility of such damages or injury.

5. Indemnity
You agree to indemnify, and hold harmless to Us and Our employees, contractors, officers, and agents from all liabilities, claims and expenses, including legal fees that arise from the use or misuse of this Site or the Service, by You or by other people. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defences.

6. Your Information and Privacy

When making a request you undertake that all details you provide to us requesting products are true and accurate.You are entirely responsible for the information that You send to Us. We are not liable for errors or omissions in the information that You submit.  In particular, We will not be responsible for delays, non-responses or non-delivery where You have provided the wrong address or contact details.

We are committed to protecting your privacy. We will not sell, trade or rent your personal information to others. We may use your contact details to promote new services and product offers to you, or notify you about important changes to the Services. If you would rather not receive this information please notify us ativarnasilk.com.au.

While this Site does uses cookies, the cookies do not contain any personally identifying information. Even if you have configured your web browser not to accept cookies, you can still use most of the features on the Site.

When you register as a user, we need to know your name, email address, mailing address, credit card number and expiry date. This allows them to process Your purchase. We do not have access to Your credit card information, all credit card payments are processed by Westpac Banking Corporation.  When using a credit card or debit card for Your purchase, You also undertake that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the products and shipping expenses. It is Y our responsibility to inform Us of any changes to these details as soon as possible.All prices advertised are subject to changes.

Orders can be placed through our website, by email, fax or by post. In order to avoid communication errors we strongly recommend that orders be placed in writing via our website, email or fax. We guarantee the accuracy of written orders, however, we accept no responsibility for errors as a result of verbal miscommunication.   

7. Links to Third party Sites

This Site may provide links or references to other sites for Your convenience. These links to other Web sites, Web pages and services, are not operated by ivarnasilk.com.au (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognize that ivarnasilk.com.au has no control over such Linked Sites and information, and you accept that ivarnasilk.com.au provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.

8. Jurisdiction      
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales , Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that state.

9. Termination of Access
If We in Our absolute discretion determine that You have committed a breach of these Terms of Use, in particular the User Warranties and Obligations, We may immediately and without further notice to You, suspend Your use of the Site and Service and delete any data associated with Your account.

10. Violations
Please report any actual or possible violations of these Terms of Use by contacting Us using the contact information on our website www.ivarnasilk.com.au or by sending an email to: admin@ivarnasilk.com.au .

Online Purchase Terms

By ordering from Us, you (“You”) agree to purchase a product or products and be bound by the following agreement between You and Ivarna Co ABN 14 510 371 562 (“We", “Us”) governing Your purchase of Our products ("Product"). These terms must be read in conjunction with any other applicable terms and conditions governing the use of Our Website www.ivarnasilk .com.au, including

Our General Website Terms of Use.

We pride ourselves on the speed of our service. Orders are processed the same day they are received.We cannot guarantee dispatch times in situations affected by circumstances beyond our control. Once the order has been processed, any changes will be treated as a new order.

International orders will need to be confirmed via email before the order is processed, payment is charged, and dispatch is made. The order will be held until the customer advises the final confirmation.

We will use reasonable endeavours to ensure that all product information is accurate. However, it is Your responsibility to verify that the Product You have selected is suitable for Your intended purposes.  

Please note that in some cases the Product may look different from the illustration posted on the Site due to possibility of slight colour variations or the way it appears on Your screen.  

You acknowledge and agree that We do not make any representations or warranties regarding any Product or its fitness for any purpose, or any matter relevant to You buying the Product other than the representations or warranties expressed in this agreement.

If for any reason You are unable to complete Your purchase successfully, please contact Our technical support at  info@ivarna.com.au.

1. Pricing Information:

All prices are quoted in Australian Dollars. Prices quoted in our catalogue & website do not include GST.

GST is applied to all orders within Australia on taxable items including freight. We cannot waive GST unless required documentation is supplied for Australian orders.

International orders do not incur GST, however, there may be import duties and taxes applicable to the destination of shipment that NDA cannot be responsible for. If you have questions about these taxes please contact your local customs office.

All prices are quoted ex-works and do not include shipping & transportation costs.

You acknowledge that despite Our reasonable precautions, products may be listed at an incorrect price, or with incorrect information, due to typographical errors or oversight. In these circumstances, We reserve the right to cancel the transaction, even if Your order has been confirmed and Your credit card has been charged. We reserve this right up until We deliver the Product.

If a cancellation of this nature occurs after Your credit card has been charged for the purchase, We will immediately issue a credit to Your credit card account for the amount in question.

2. Your obligations

You must keep Your user identification number and password secret. You are responsible for any transactions made using your user id and password.

You must complete payment online at the time of ordering unless You have made a separate agreement with Us for payment terms.

3. Cancellation

To cancel an order ,   a cancellation request must be submitted before 12PM (EST) within 2 days of the original order by fax by (02) 9499 3208 or by emailing admin@ivarna.com.au.  

We cannot cancel wholesale orders once the order has been placed with Our manufacturer (see Clause 10).

We cannot cancel orders once the Product has been shipped.

You indemnify Us for all losses resulting from Your cancelling an order.

We reserve the right to charge an administration levy of $5 per item for any cancellation.

14 day return policy

Within 14 days of delivery, You can contact Us to return a Product only when all of the following requirements are met:

product is defective;

still in new and original condition, that is:

original tags attached;

not soiled or marked; or

not have been worn, laundered or damaged.

We may at our discretion offer you a refund, replacement or credit for returned Products.

Procedures:

1. You contact Us by email to admin@ivarna.com.au or by fax to (02) 9499 3208 and tell Us about the reason for return.

2.You provide Us with the date of purchase, invoice number and serial number of the Product.

3.You arrange for the Product to be returned to Us. (We will refund Your freight costs for returns of faulty Products).

4.We then arrange for either a refund, replacement or credit to Your account with Us, normally within 7 working days of receipt of the Product (this may take longer in some cases).

4. Limitations on Refunds

Due to the nature of our products, we can only accept the return of any Product which is still in new and original condition. Please check carefully before using our products.

If the item returned:

- does not match the Product You purchased; or

- is found to be not faulty as claimed; or

- is missing components; or

- is not in new and original condition;

You will not receive a refund, replacement or credit.  We will charge You a $50 administration levy and return the item to You at Your expense.

If You have paid using a credit card, any refund will be done as a credit to Your credit card account for the amount in question.

If You have not paid for the product online at the time of ordering, You are not entitled to a cash refund.  Any refund will consist of a refund of any payments You have made together with a cancellation of the outstanding balance for the Product on Your account with Us.

We will refund Your freight costs for the returnof any Product which is found faulty and returned in accordance with the procedure outlined above, or if the return is due to an error on Our part.  This applies to the freight costs of Your original invoice, and the freight costs of returning the Product to Us.

We will not refund freight costs where You have returned non-faulty Products, not complied with the procedure outlined above, or attempted to cancel a transaction after shipping.

If We have send You a replacement Product, and You have already been refunded for the freight costs included on Your original invoice, We will charge You separately for the freight costs of sending the replacement Product.

5. Delivery

You must supply a street address for delivery.  We cannot deliver to a post office box.

You must ensure that the delivery instructions You supply to Us are correct.

We reserve the right to make a reasonable charge for additional delivery and storage if You do not provide Us with proper delivery instructions at the time of ordering, or if no-one is available to accept delivery.  

The delivery times We give to You are estimates only and We are not liable for late delivery or non-delivery, or for any loss, damage or delay arising from late or non-delivery.

Costs will be added onto Your invoice, as notified at time of ordering. 

Please allow approximately 7 days for shipping and handling.

6.Loss or damage in transit

You should check the Product carefully for damage before signing the delivery docket.  Once You have accepted delivery of the Product as being undamaged, You cannot make a claim for loss or damage in transit.

To make a claim for loss or damage in transit You must tell Us immediately about the damage.

You authorise Us to complete any forms or take any action necessary for lodging a claim with the relevant carrier or insurance company to make a claim for compensation for damage in transit.

We will issue a credit to Your credit card for the amount We recover  from the carrier or insurance company.

7. Payment

All orders must be paid for prior to shipping.

We accept Visa, MasterCard, and Bank Card. We also accept Direct Deposits.

If you choose to pay via Direct Deposit you will be required to fax or email your official Direct Deposit receipt so that your order can be dispatched promptly. Orders can be delayed if confirmation is not presented, as we will have to wait for funds to be cleared.

Our account details for direct deposit:
Bank name: Westpac Banking Corporation
Account name: Ivarna Pty Ltd
BSB #: 032-083 Acc #: 227-441

If You do not pay any amount when due to Us, or if any payment is subsequently cancelled, then without prejudice to any other right or remedy:

all outstanding money carries interest on daily balances until paid at a rate of interest per annum equal to 12%; and

We may recover the price of the Product together with all interest from You as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that You may have against Us for any thing or matter related to the Product.

You must pay all taxes including GST applicable to the Product. All prices on the do not include GST, GST will be charged when applicable.

We reserve the following rights in relation to the Product until all accounts You owe Us are fully paid:

ownership of the Product;

to enter Your premises (or the premises of any associated company or agent where the Product is located) without liability for trespass or any resulting damage and retake possession of the Product; and

to keep or resell any Product repossessed pursuant to this clause. If the Product is resold by You, You shall hold such part of the proceeds of any such sale as represents the invoice price of the Product sold in a separate identifiable account as Our beneficial property and shall pay such amount to Us upon request.

Despite the provisions above We shall be entitled to maintain an action against You for the purchase price and the risk in the Product shall pass to You upon the earlier of:

actual or constructive delivery of the Product to You; or

collection of the Product from Us or Our bailee or agent by Your agent, carrier or courier-delivery.

8. Wholesale clients

You must pay the full amount of each order in advance by electronic transfer to the account Wenominate.

When transferring money to Our account please include the order number written on Your order confirmation so We can identify Your payment..

Once We have confirmed Your payment for the order, We will place the order with Our manufacturer.

All items in wholesale quantities are manufactured on demand. You must allow a turnaround time to delivery of 40-45 working days from date of confirmation of payment.

We cannot accept cancellations for any reason for custom made orders once the order is placed with Our manufacturer.

9. Limitation, Exclusions, Indemnities

Subject to this clause and to the extent permitted by the Trade Practices Act and relevant state legislation, Our sole obligation under this agreement is to use Our best endeavours to provide the Product and to arrange the replacement or refund of any Product in accordance with this agreement. In no event shall We be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Product, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

If any Product supplied pursuant to this agreement is supplied to You as a ‘consumer’ of goods or services within the meaning of that term in the Trade Practices Act 1974 as amended or similar state legislation You will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or similar legislation is so conferred.

However, to the limit permitted by law, We limit Our liability to payment of an amount equal to the lowest of: (1) the cost of replacing the Product ;(2) the cost of repair of the Product; or (3) the cost of having the Product repaired or replaced.

Subject to this clause We are not responsible for any loss caused by an error or defect in the Product. You agree to indemnify, keep indemnified, defend and hold harm-less Us, and Our officers, employees, agents and contractors from all and any liability or for any claims associated with or arising from the use or misuse of the Product by You or by anyone to whom You allow access to the Product.

We are not be liable for default or failure in performance of Our obligations caused by factors beyond Our reasonable control.

10. General              

This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Product.

This agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales , Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.

Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.