Free shipping & returns Australia wide

Free shipping & returns Australia wide

TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE BERLEI WEBSITE

PART A: INTRODUCTION

These terms govern the use of www.berlei.com.au (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Pacific Brands Clothing Pty Ltd ABN 40 098 742 655 and apply to the ordering, purchase, fulfilment and delivery of goods from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy and Returns and Refunds policy) set out the entire agreement between you and Berlei and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre and a representative will be happy to assist you. The Customer Service team operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 8.00am until 5.30pm (Australian Eastern Standard/Daylight Savings Time).

The contact phone number for our team is 1800 269 561 (callers from Australia) or contact us via email.

1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third party delivery or shipping company for Berlei Online.

Delivery Fee means the fees charged by the Delivery Agent of Berlei for the delivery of Goods.

Gift Card means an electronic gift card issued through this Website through the acquisition of which you or a recipient may make non-cash payments for goods from the Website.

Goods means the items offered for sale, described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Berlei Online in accordance with these Terms and Conditions.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means:

  1. 1. where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);
  2. 2. where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority).

Privacy Policy means the Berlei Privacy Policy found on the Website.

Returns Policy means the Berlei Returns and Refunds policy found on the Website.

Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.

Terms and Conditions means these terms and conditions governing the Website and any activities and transactions occurring via the Website, including Part B: Terms and Conditions for the Sale of Goods on the Berlei Website, Part C: Berlei Loyalty Program Terms and Conditions; Part D: Terms and Conditions for Submissions and Part E: the general terms of use, as amended from time to time.

Website means www.berlei.com.au.

We or us or our or Berlei or Berlei Online means Pacific Brands Clothing Pty Ltd, ABN 40 098 742 655.

You or your means you as the user of the Website, including as a purchaser of Goods from Berlei pursuant to these Terms and Conditions.

PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE BERLEI WEBSITE

2. COMPLIANCE WITH TERMS AND CONDITIONS

2.1 You agree to be bound by the Terms and Conditions when you submit an Order.

2.2 Each Order you submit will be a separate and binding agreement between you and Berlei Online with respect to the supply of Goods, in accordance with these Terms and Conditions

3. PLACING ORDERS FOR GOODS

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.

3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.

3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Berlei Online will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Berlei is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Berlei. You agree to obtain consent from the recipient of a gift when providing their personal details to Berlei Online.

3.5. You may Order from Berlei Online if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy, including where payment has been made wholly or partly by Gift Card.

3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of AU$2,000.

3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.

3.9 In submitting an Order you represent and warrant to Berlei Online that:

  • 1. you are aged 16 years or older;
  • 2. you have read and agree to these Terms and Conditions; and
  • 3. you have complied with all applicable Laws.

4. ACCEPTANCE AND REJECTION OF ORDERS

4.1 Berlei Online reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. Berlei retains the right to determine what it can and cannot deliver to any particular location.

4.2 When we accept an Order, it represents an agreement by Berlei Online to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Berlei Online will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Berlei Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.

5. AVAILABILITY OF GOODS

5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Berlei Online will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Berlei Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Berlei Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Berlei Online will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.

5.4 You acknowledge and agree that:

  • 1. all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
  • 2. you have read any corresponding written description of the Goods prior to submitting your Order;
  • 3. the colour of Goods as shown on the Website may vary slightly in shade in real life;
  • 4. where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
  • 5. any accessory featured with the Goods is for illustration purposes only.

6. PRICE AND PAYMENT

6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.

6.2 Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there will also be an additional admin charge from our logistics partner for handling the customs clearance.

6.3 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or Paypal.

6.4 Berlei Online reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).

6.5 In respect of any Order, we will charge you and you agree to pay to us:

  • 1. the Purchase Price (which is the Price at the time the Order is submitted in Australian Dollars); and
  • 2. the Delivery Fee (if any).

6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card, Visa Checkout or Pay Pal. When paying by credit card, you authorise Berlei Online to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Berlei Online before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.9 You will receive an invoice by email once payment in respect of your Order has been processed.

6.10 Berlei Online uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

7. DELIVERY

7.1 Berlei Online uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2 You should refer to the Shipping Options section of the Website for the applicable Delivery Fee for the Goods.

7.3 Indicative delivery time frames are set out in the Shipping Options section of the Website.

7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:

  • 1. Berlei Online cannot guarantee that delivery will occur in the stated delivery time frames;
  • 2. delivery time frames may change from time to time due to unforeseen circumstances; and
  • 3. except where required by applicable law, Berlei Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.

7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.

7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact our Customer Service Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.

7.9 You warrant to Berlei that any nominated representative receiving the Goods on your behalf at the delivery Address is duly authorised by you to do so.

8. RISK AND TITLE

Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

9. ORDER CANCELLATIONS AND RETURNS

9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy.

9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.

9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Berlei Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Berlei Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

10. PROMOTIONS AND DISCOUNTS

Berlei Online offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. If your code is lost or stolen it will not be reissued. Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any % off, are not available when purchasing gift cards.

TERMS & CONDITIONS - BERLEI SENSATION BRA – OPI NAIL POLISH GIFT WITH PURCHASE.

Item 6: Promotion Contesting Dates and Times: 8 August 2016 – 7 September 2016
Item 7: Entrant Restrictions: Open to Australian residents only
Item 8: Method of Entry: To receive the gift, consumers need to purchase a bra from the Berlei Sensation range during the Promotion Period from a participating retailer. Participating retailers are selected Myer stores, selected David Jones stores, selected independents, and Berlei.com.au. Limit one gift per customer irrespective of the number of bra’s purchased.
Item 11: Prize Details: Each gift is a 15ml bottle of OPI Nail Polish (cost $19.95) in a colour of the Promotor’s choice. Gift recipients will receive their gift at the time of making their eligible purchase unless the retail outlet no longer has stock, in which case they will provide their name and address to the Promoter and receive their gift by mail no later than 4 weeks from the end of the promotion.
Item 13: Unclaimed Prize Draw Date and Publication Date: Any gifts not distributed during the promotion period will be retained by the Promoter.
Item 14: Use of Personal Information: Personal information is only collected for the purposes of the promotion where a retail outlet from whom an entrant purchases their Berlei Sensation bra has run out of stocks of gifts. The entrant’s name and address is then used solely for the purposes of delivering the gift. Personal information may otherwise be collected where an entrant makes an online purchase. Such information will be subject to the terms and conditions of sale applicable to such purchases.
Participating retailers: Berlei.com.au, all David Jones stores, selected independents and Myer stores (Adelaide City, Albury, Bondi, Brisbane City, Cairns, Canberra City, Carindale, Carousel, Castle Hill, Chadstone, Charlestown, Chatswood, Chermside, Doncaster, Eastland, Erina, Fountain Gate, Frankston, Garden City, Geelong, Highpoint, Indooroopilly, Joondalup, Karrinyup, Knox City, Macquarie, Marion, Maroochydore, Melbourne City, Miranda, Morley, North Lakes, Northland, Pacific Fair, Penrith, Perth City, Robina, Southland, Sydney City, Tea Tree Plaza, Toowoomba, Townsville, Warringah)

CLICK HERE FOR FULL TERMS & CONDITIONS >

1. INTRODUCTION

1.1 By submitting an entry into this Promotion, entrants warrant that they have read, understand and agree to be bound by these Terms and Conditions and the Terms and Conditions Schedule, including any special conditions set out in Item 15: Other Conditions.

1.2 To the extent that there is any inconsistency between the Terms and Conditions Schedule and these Terms and Conditions, the Terms and Conditions Schedule will prevail.

1.3 References in these Terms and Conditions to Items are references to the corresponding Item in the Terms and Conditions Schedule.

12. DURATION

Entry into this Promotion will occur in accordance with Item 5: Promotion Registration Dates and Times and Item 6: Promotion Contesting Dates and Times.

3. ELIGIBILITY

3.1 Entrants must at all times comply with Item 7: Entrant Restrictions. Those entrants who have not complied with Item 7: Entrant Restrictions will be disqualified.

3.2 Employees and their immediate families of the Promoter and its related bodies corporate are ineligible to enter. Employees and their immediate families of all associated sponsors and participating companies are also ineligible to enter.

3.3 Entrants warrant that they are entering the Promotion in a wholly private nature and are not entering on behalf of a business or enterprise activity they are involved in.

4. METHOD OF ENTRY

4.2 Inaudible, incomplete, incomprehensible or late entries (whichever is applicable) will not be eligible and will be disqualified. The Promoter reserves the right to disqualify any entry which in the opinion of the Promoter includes any content which may be unlawful, profane, inflammatory, defamatory and/or damaging to the goodwill or reputation of the Promoter.

4.3 Any person who is discovered to have used or attempted to use more than one name in entering the Promotion will be disqualified from participating in the Promotion and/or redeeming a prize.

4.4 Unless otherwise stated in these terms and conditions, no person may enter this Promotion more than once and persons may not enter or participate in it on behalf of any third party.

4.5 All entrants acknowledge that the Promoter may rely on clauses 4.3 and 4.4 even after the Promoter has awarded or appeared to have awarded the prize to a person or after a person is announced as the prize winner. The Promoter reserves its rights to require return of the prize, or payment of its value, to the Promoter if this occurs.

4.6 Should an entrant’s contact details change during the Promotion Period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify and information provided in an entry should be directed to the Promoter at its address identified in Item 3: Promoter.

4.7 Should an entrant be required to submit a third party’s personal information, as a part of entry into or participation in this Promotion, each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their implied or expressed consent:

a. for the details to be provided to the Promoter and any of its related bodies corporate;

b. for that information to be used as intended in this Promotion; and

c. to be contacted by the Promoter or any of its related bodies corporate in relation to this Promotion.

4.8 Should the Promotion require the entrant to submit a photograph or other material as a part of entry into or participation in this Promotion (“Submission”), the entrant warrants in relation to any Submission:

a. that it does not contain any material that is unlawful or fraudulent or that may be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, politically incorrect, violent, abusive, harassing, threatening, racist, ageist, sexist or otherwise unsuitable for publication;

b. they will only submit material which they have personally created or have the right to submit

c. the Submission shall not contain viruses or cause injury or harm to any person or entity;

d. if their Submission depicts any person other than the entrant, the entrant has obtained that person’s consent to inclusion in their entry for the purposes of this promotion;

e. that it complies with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;

f. they have the full authority to grant to the Promoter the rights referred to in these Terms and Conditions; and

g. they will indemnify the Promoter against all costs and claims by third parties arising from a breach of the warranties contained in these Terms and Conditions.

4.9 Entries submitted via SMS, email or other electronic means are deemed to be received at the time of receipt into the Promoter’s database not at the time of transmission by the entrant.

4.10 If this Promotion involves:

a. Entry via a phone call, each call is charged at no more than 55 cents (including GST) from a fixed phone. Calls may attract a higher rate from mobile or public phones; or

b. Entry via SMS, each SMS is charged at 55 cents (including GST). To enter, entrants will need a compatible mobile phone connected to a service provider that permits text messaging to the abovementioned premium SMS number. It is recommended that entrants check with their individual service provider in this regard; or

c. Entry via the internet, entrants are responsible are responsible for their own costs associated with accessing the Internet.

4.11 Should the Promotion involve voting, the accuracy of the polling results receive and published by the Promoter is final and binding and no correspondence will be entered into.

5. DETERMINING PRIZE WINNERS

5.1 If the prize is awarded by judging, the judging will take place in accordance with Item 9: Judging Details.

5.2 If the prize is awarded via a prize draw, the draw will take place in accordance with Item 10: Draw Details.

5.3 Subject to State regulations, in the event that the Promoter becomes aware that the same person has been selected as a prize winner more than once, the Promoter will cause another name to be drawn/selected in their place.

6. PRIZES

6.1 All prizes are awarded in accordance with Item 11: Prize Details.

6.2 All prize values are the recommended retail value as provided by the supplier, are in Australian dollars and are correct at the time of printing. The Promoter takes no responsibility for variations in the prize value.

6.3 Should the prize included tickets to an event at which alcohol will be served (“the Event”) the prize winner and each guest of a prize winner must be aged 18 years or over. Minors are not permitted to attend the Event. All prize winners and their guests must vary valid photo identification with them at all times during the Event.

6.4 If alcohol is made available as part of the prize at the Event, then this will be provided subject to the principles of responsible service of alcohol as exercised by the staff and management of the premised at the Event takes place. The premises staff and management reserve the right to refuse service of alcohol to any prize winner or their accompanying guest should they be deemed to be intoxicated.

7. PRIZE CONDITIONS

7.1 The Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or service awarded as a prize.

7.2 No other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to in item 11: Prize Details, will be at each winner’s and (if applicable) their accompanying guest’s cost. Any accommodation is for room charges only.

7.3 All prizes are subject to availability, non transferable and non exchangeable, must be used on any dates specified in these terms and conditions, by the Promoter and/or the prize provider and are not redeemable for cash unless cash is specified. Specifically, prizes may not be valid during school holidays or other peak times designated by the prize supplier.

7.4 If a prize is in the form of a gift card or voucher, the prize is subject to any conditions specified by the issuer. The Promoter shall not be liable for any gift card or voucher that has been lost, stolen, forged, damaged or tampered with in any way.

7.1 The Promoter does not warrant the merchantability, suitability and/or fitness for purpose of any goods and/or service awarded as a prize.

7.2 No other costs will be included and all expenses (including, but not limited to, the costs of transport to and from a prize venue and meals), other than those specifically referred to in item 11: Prize Details, will be at each winner’s and (if applicable) their accompanying guest’s cost. Any accommodation is for room charges only.

7.3 All prizes are subject to availability, non transferable and non exchangeable, must be used on any dates specified in these terms and conditions, by the Promoter and/or the prize provider and are not redeemable for cash unless cash is specified. Specifically, prizes may not be valid during school holidays or other peak times designated by the prize supplier.

7.4 If a prize is in the form of a gift card or voucher, the prize is subject to any conditions specified by the issuer. The Promoter shall not be liable for any gift card or voucher that has been lost, stolen, forged, damaged or tampered with in any way.

7.5 If a prize winner does not take any element of a prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that prize or any part of it.

7.6 It will be each winner’s and (if applicable) their accompanying guest’s responsibility to take out all relevant insurance (including but not limited to travel insurance) which may be required or prudent to be taken (at their own cost).

7.7 Where a prize involves a “meet and greet” element, the meet and greet with the celebrity/public figure will be at the discretion of the celebrity/public figure’s management and will at all times be subject to availability of the celebrity/public figure. The Promoter will not be liable for the failure of the winner and any accompanying guests to meet the celebrity/pubic figure for whatever reason, and no cash or alternative tickers will be awarded in lieu of that element of the prize.

7.8 The Promoter reserves the right to exclude any persons from the Promotion on the ground of their medical condition or history, for the safety of the Promoter’s staff members or others or for any other reason, for example bringing the Promoter’s brand into disrepute. The Promoter also reserves the right to disqualify contestants if:

a. a contestant at any stage engages in, causes or incites physical violence, inappropriate, illegal, unsocial or unsafe behaviour; and/or

b. the safety of any of the Promoter’s staff members is compromised.

7.9 The Promoter will not award the prize if the Promotion is terminated for whatever reason.

8. NOTIFICATION

a. In writing

b. By telephone

8.2 Details of prize winners will be published in accordance with Item 12: Prize Winner Publication Details, if applicable.

9. PRIZE COLLECTION

9.1 Prize winners will be required to collect their prize from the Promoter at the address listed in Item 3 of the Terms and Conditions Schedule unless otherwise stated in item 11: Prize Details or informed by the Promoter at the time of winning. The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of entry validity (for example, a phone bill or store receipt for purchase requirement) in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. Where multiple entries are permitted provided that the entrant meets a purchase requirement in respect of each entry, entrants must retain their proof of purchase for each entry submitted and failure to do so may, at the promoter’s sole discretion, invalidate all their entries. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

9.2 If requested by the Promoter at any time prior to receipt of a prize, all prize winners must sign these terms and conditions in a form prescribed by the Promoter in order to receive their prize.

9.3 Entrants proposing to redeem prizes involving or participate in the Promotion where it involves travel, stunts or challenges, at the absolute discretion of the Promoter, may first be required to:

a. Submit to a medical examination by a medical practitioner approved by the Promoter and obtain relevant medical clearance to participate in the Promotion and/or redeem the prize; and/or

b. Execute a Deed of Release and Indemnify in a form prescribed by the Promoter in order to participate further in the Promotion and/or redeem the prize.

10. PRIZE AVAILABILITY

10.1 The Promoter will not be responsible or liable if for any reason beyond their reasonable control any element of any prize is not provided. The Promoter may, subject to State regulations, substitute a different prize of equivalent value in place of any prize referred to in these Terms and Conditions or the Terms and Conditions Schedule.

10.2 The Promoter will not be responsible for any changes in times or dates, or cancellations or rescheduling of events that may prevent the prize winner from redeeming the prize or any part of it

10.3 Where the prize involves the winners attendance at or tickets to an event, if any part of the event is cancelled, varied or rescheduled for any reason, then at the Promoter’s discretion, the winner and any accompanying guests will forfeit all rights to attend the relevant event and no cash or alternative tickers will be awarded in lieu of that element of the prize.

11. TAXES

Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern

12. UNCLAIMED PRIZES

Prizes unclaimed after a period of three (3) months will be forfeited subject to State regulations

13. PUBLICITY MATERIALS

13.1 It is a condition of entry that the Promoter has the right to publicise, broadcast or communicate to the public the names, characters, likenesses or voices of any entrants for any promotion or matter incidental to the Promotion.

13.2 Entrants may be required by the Promoter to participate in photo, recording, video and/or film session(s) (the “publicity materials”) and acknowledge that the Promoter has the right to use such publicity materials in any medium (including, without limitation, the internet) and in any reasonable manner it sees fit, unless that person advises the Promoter at the time of entering the Promotion that he/she wishes to retain his/her anonymity.

13.3 Entrants also acknowledge that the publicity materials may be provided to the prize provider for the purposes of promotional display.

14. COPYRIGHT AND MORAL RIGHTS

By entering this Promotion all entrants:

a. Assign to the Promoter all rights including present and future copyright in their entry (including any Submission) and publicity material in all media (including, without limitation, the internet) and whether in existence not or created in the future;

b. consent to any use of their entry which may otherwise infringe their moral rights and agree not to assert any moral rights in respect of their entry, (including any Submission) and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title; and

c. Undertake to the Promoter that their entry (including any Submission) is not in breach of any third party intellectual property rights.

15. RELEASE AND INDEMNITY

To the extent permitted by law, all entrants release the Promoter from, and indemnify the Promoter against, all liability, cost, loss or expense arising out of participation in the Promotion and/or acceptance and use of any prize(s) including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct, indirect, special or consequential, foreseeable, due to some negligent act or omission or otherwise.

16. TAMPERING AND OTHER MATTERSY

16.1 If for any reason this Promotion is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile phone failure, tampering, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right (subject to State regulations) to cancel, terminate, modify or suspend the promotion and/or any draw/s or judging related to the promotion and/or disqualify any individual who (whether directly or indirectly) causes the same.

16.2 The Promoter accepts no responsibility for any late, lost or misdirected entries including but not limited to electronic messages not received by the Promoter due to technical disruptions, network congestion or other reasons. The use of any automated entry software or any other mechanical or electronic means that permits any person to enter the Promotion repeatedly is prohibited.

17. LEAVE FOR PARTICIPATION

To the extent applicable by the nature of the Promotion, obtaining time off work and/or study or related activities to participate in the Promotion and/or a prize will be the sole and absolute responsibility of each contestant.

18. EXCLUSION OF PARTICIPANTS

The Promoter reserves the right to exclude any person from participating in the Promotion or a prize for any reason (including but not limited to) that person’s medical condition or history, the preservation of the safety of the Promoter’s staff members or any other person or because the Promoter deems that the behaviour of a person may bring the Promoter’s brand into disrepute.

19. FACEBOOK

19.1 This clause applies where the promotion is operated or promoted via Facebook.

19.2 Entry and continued participation in the competition is dependent on Participants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php.

19.3 This competition adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php#promotionsguidelines.

19.4 This competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Participants understand that they are providing their information to the Promoter and not to Facebook. The information a Participant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this competition must be directed to the Promoter and not to Facebook.

19.5 All Participants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to the competition.

20. INSTAGRAM

20.1 This clause applies where the promotion is operated or promoted via Instagram.

20.2 Entry and continued participation in the competition is dependent on Participants following and acting in accordance with the Instagram Terms of Use, which can be viewed at .

20.3 This competition adheres to the terms and conditions set out in the Instagram promotion guidelines which can be found at:

20.4 This competition is in no way sponsored, endorsed or administered by, or associated with, Instagram. Participants understand that they are providing their information to the Promoter and not to Instagram. The information a Participant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this competition must be directed to the Promoter and not to Instagram.

20.5 All Participants unconditionally and irrevocably release and discharge Instagram from any and all liability in relation to the competition.

21. TERMINATION OF PROMOTION

The Promoter may (subject to State Regulations) vary the terms of, or terminate, this Promotion at any time at its absolute discretion without liability to any contestant or other person. The Promoter will not award the prize if the Promotion is terminated.

22. DECISIONS FINAL

All decisions and actions of the Promoter relating to the Promotion and/or redemption of the prizes are excised accordingly at its absolute discretion are final. No discussions or correspondence with entrants or any other person will be entered into.

23. FAILURE TO ENFORCE TERMS AND CONDITIONS

A failure by the Promoter to enforce any one of these terms and conditions in any instance(s) will not give rise to any claim or right of action by any other person or contestant.

24. PERSONAL INFORMATION AND PRIVACY

The personal information supplied by entrants when entering this Promotion will be used by the Promoter for the purpose of conducting this Promotion and as set out in item 14: Use of Personal Information. Please also refer to the Promoter’s Privacy Policy by visiting the website identified in Item 4: Website for more information as entry in this Promotion is an agreement to be bound by that policy in respect of personal information submitted in this Promotion. Entrants may have their details removed from the Promoter’s database by contacting the Promoter using any of the details in Item 3: Promoter or by sending an email to privacyofficer@pacbrands.com.au. If an entrant’s details are removed prior to the conclusion of the Promotion and/or award of prize(s), entrants will forfeit their right to claim any prizes.

25. GOVERNING LAW AND JURISDICTION

This Promotion is governed by the laws of Victoria. Entrants submit to the jurisdiction of the courts of that State.

PART C: SPECIFIC GIFT CARD TERMS AND CONDITIONS

11. GIFT CARDS

11.1 In this Part C:

A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.

11.3 To purchase a Gift Card from the Website, navigate to the Bonds Gift Card section of the Website and fill in the required information on the online form. Once completed Add to your Bag and then proceed to payment/checkout as normal. Once you complete the online transaction and it is validated, the Gift Card will be sent via email to the recipient email address nominated in the form. It is then ready to use.

11.4 Once loaded with value a Gift Card may be redeemed the purchase of Goods on the Website only and may not be redeemed at any other stockists of Berlei products. A limit of AU$500 per gift card and gift cards totalling no more than AU$2,000 per Order applies. Gift Cards may not be used to make purchases by phone, email or facsimile, pay store accounts, credit card or other bills or purchase other Gift Cards or other legal tender.

11.5 Gift Cards are treated like cash. If your Gift Card is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Berlei, its agents or contractors.

11.7 To redeem a Gift Card at the Website, at the point of checkout, click "add promo code or gift card" and insert the gift card code.

11.8 You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by entering your code, or allowing another person to do so, at the checkout; or giving us, or another person, details of the Gift Card and authorising the transaction in some other way.

11.9 When you authorise a transaction you are confirming that the transaction correctly represents the purchase price of the goods or services obtained and you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.

11.10 Gift Cards expire twelve months from the issue date unless otherwise stated on the Gift Card. Any unused amount after the expiry date of the Gift Card is forfeited and will not be refunded or credited. Once the Remaining Gift card Value is zero, Gift Cards cannot be reloaded.

11.11 Gift Cards cannot be cancelled once they are issued except if voided by Berlei, if their value is used or if they expire. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, purchased fraudulently, altered or tampered with in any way and Berlei may subject Gift Cards to a verification process. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except where a Gift Card is void) we will elect to provide a refund or a replacement Gift Card. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.

11.12 You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time by calling us on 1800 269 561 or visiting http://www.berlei.com.au/faqs while logged in to your account.

11.13 You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us. If you have reason to believe that an error has occurred in relation to your Gift Card, you should call 1800 269 561 or contact us by email.

PART D: SPECIFIC LOYALTY PROGRAM (BERLEI MEMBER) TERMS AND CONDITIONS

12. PROGRAM DETAILS

12.1 As a member of Berlei you will be entitled to receive 10% off the recommended retail price of goods sold on the Website.

12.2 You can combine the Berlei Membership discount with other programs, offers or promotions being run by Berlei unless specifically excluded in that program, offer or promotion.

12.3 To be entitled to the discount you will need to register at https://secure.berlei.com.au/customer/account/create/. It is your responsibility to ensure you update your details if they change.

12.4 You must not allow any other person to use your Berlei Membership details. You agree that you are solely responsible for all activity that occurs using your Berlei Membership details, including the purchase of any goods. You also agree that you will be responsible for the conduct of any person who uses your Berlei Membership details, whether or not you have authorised that use.

12.5 If you become aware of any breach of security or unauthorised access to or use of your Berlei Membership details, you must immediately notify us by calling Berlei Customer Service on 1800 269 561.

12.6 We may decide to suspend, amend or discontinue the Berlei Membership program at any time. We will contact you on the email address that you have provided if the Berlei Membership program is to be suspended, amended or terminated.

13. MEMBERSHIP

13.1 You may apply for membership of the Berlei Membership program if you are aged 16 years or over and have an active email account. Mandatory fields will be name, email and DOB for Loyalty sign-up. Phone number is not mandatory but will be prompted at sign-up.

13.2 Membership of the Berlei Membership program is free, however, we may refuse your application or terminate your membership for any reason and at any time.

13.3 Registering with the Berlei Membership program constitutes your acceptance of these Terms and Conditions.

13.4 You may terminate your membership at any time and for any reason online by changing your account preferences in your customer account on the Website or by contacting Berlei Customer Service on 1800 269 561.

13.5 You agree that we may contact you with invitations, offers and promotions as part of your membership. If you do not wish to be contacted, please exercise the “unsubscribe” option on these invitations, offers and promotions but you’ll no longer be a member of the Berlei Membership program and get access to the discount and great offers.

PART E: TERMS AND CONDITIONS FOR SUBMISSIONS

14. OWNERSHIP OF SUBMISSIONS

Other than personal information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Berlei on or through the Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Berlei once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Berlei the rights set out in these Terms and Conditions in respect of your Submissions.

15. SOCIAL NETWORKING SITES

These Terms and Conditions also govern any Submissions you make on any Berlei related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Berlei or its employees and Berlei is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and Conditions and the third party social networking sites terms of use, as applicable.

16. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS

A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Berlei of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Berlei’s related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.

17. CONFIDENTIALITY

Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Berlei’s related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

18. RULES FOR SUBMISSIONS

Please be polite and only write in English.

18.2 You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.

18.3 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

18.4 Submissions should not include:

  • 1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  • 2. comments about other reviewers or bloggers
  • 3. remarks making criminal accusations, or false, defamatory or misleading statements
  • 4. material which impersonates others
  • 5. spam or advertising
  • 6. third party brand names or trade marks
  • 7. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
  • 8. HTML code, computer script or website URLs
  • 9. availability, price or alternative ordering or delivery information
  • 10. information about Berlei’s suppliers or manufacturers

18.5 Berlei, in its absolute discretion, reserves the right to:

  • 1. not publish the Submission or remove it
  • 2. take any appropriate action if deemed necessary
  • 3. remove reviews which relate to seasonal products which are no longer in season

Please let us know if you see any Submissions which do not comply with our rules.

PART F: GENERAL

19. COPYRIGHT AND TRADE MARKS

19.1 The Website and all material provided on the Website are owned or licensed by Berlei, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Berlei.

19.2 Various trade marks displayed on the Website (whether registered or otherwise), including Berlei, Barely There, Flirtatious Fit, So Smooth and WOWfit are owned or exclusively licenced by Berlei. Other product and company names mentioned on the Website may be the trade marks of other people or entities. The trade marks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Berlei’s products and would like to request permission to use photography or other content from the Website for business purposes, please contact our customer service team via email.

19.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.

20. DISCLAIMER

20.1 The information contained on the Website is provided by Berlei in good faith. To the best of Berlei’s knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Berlei and its related bodies corporate, and their directors, officers, employees, and agents ("Berlei’s Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

20.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Berlei excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

21. LIMITATION OF BERLEI’S LIABILITY

21.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Berlei will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website, including your membership of Berlei and Me, or resulting from use of goods or services supplied to you, or on your behalf, through the Website.

21.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Berlei or Berlei’s Associates in connection with goods or services supplied to you will, at the election of Berlei, be limited to:

  • 1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  • 2. In relation to Gift Cards, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card; and
  • 3. In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).

21.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

22. INDEMNITY

You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

23. PRIVACY

23.1 Personal Information, such as your contact details, that you provide to us during the Order process or in connection with a Gift Card will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with Berlei’s Privacy Policy.

23.2 You represent and warrant to Berlei that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Berlei;

24. VIRUS WARNING

All care is taken to ensure that the Website and data transmissions are free from viruses. However Berlei cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Berlei entirely of all responsibility for any consequences of its use.

Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

25. USE OF COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.

26. THIRD PARTY SITES

26.1 The Website may contain links to third party sites. Berlei is not responsible for the condition or content of those sites as they are not under Berlei’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Berlei of the sites or the products or services provided on the site. Berlei does not permit any linkages to the Website without prior permission.

26.2 Any third-party advertising on Berlei’s pages of third party social networking sites are not the responsibility of, or endorsed by, Berlei. All rights, including copyright in Berlei’s pages, are owned by or licensed to Berlei. Any use of any Berlei’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Berlei. All worldwide rights reserved.

27. ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

28. TERMINATION

Berlei reserves the right to, at its discretion, terminate your access to and use of the Website:

  • 1. for convenience, at any time, upon provision of notice to you;
  • 2. immediately: i. if Berlei reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

29. GENERAL

29.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card. In any purchase of Goods, your transaction is deemed to have taken place in Hartwell, Victoria.

29.2 The Website may be accessed from Australia or overseas. Berlei makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website 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 if and to the extent that they are applicable.

29.3 Only you and Berlei shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.

29.4 Berlei reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Berlei Online with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website, including terminate your Berlei Account by contacting Berlei Customer Service on 1800 269 561. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.

29.5 Berlei may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.

29.6 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

29.7 A failure or delay by Berlei to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Berlei does not preclude its future exercise or the exercise of any power or right.

Version 1.2, May 2015, © Pacific Brands Clothing Pty Ltd

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