Bravura Sydney

ABN 30441474260

Terms and Conditions
 

 

Consumer Agreement

This is a contractual agreement between you and Bravura Sydney.

ABN 30441474260 in regards to visiting and/or using an/or purchasing any goods and services from the this website. If you do not wish to agree to the terms and condition on the website you must not use and/or purchase goods from the website.

 

Subscription Membership

By agreeing to become a Bravura member you must provide the correct personal information in regards to first name, last name, mobile device number and an email address. By providing Bravura your personal information we will securely store your personal information and it will only be used and disclosed in accordance with our Privacy Policy unless required by law. You are responsible for the security of your membership account and keeping your details secure such as your password and login. Bravura will not be liable for any unauthorized activity or use of your member account. 

 

The Service  

Purchasing the goods and service of Bravura through the website. 

Bravura will ensure that items purchased on the website will be dispatched within 5 days from the date the member receives confirmation of the order. 

If an item is not available due to no stock availability Bravura shall notify the member as soon as possible. Bravura is not liable for failing to provide items that are out of stock and any money collect in regards to items not available member will be granted a refund or an exchange for our items provided on the website.  

The e­‐commerce service is to provide sales of good and services to

 

Bravura members. Bravura will not be liable for events that are outside our reasonable control that may affect the service, including but not limited to unavailability of the Internet. The service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and form peripherals (including, without limitation, servers, computers, tablets and smart phones) connected thereto. You assume all risks and all costs associated with the your use of the service, including. Without

limitation, any interest access fees, back­‐up expenses, costs incurred for

the use of your devices and peripherals, and any damage to any equipment software, information or data. Bravura is not obligated to, and will not provide you with any maintenance, technical or other support for the service.

 

At any time Bravura has the right to modify, suspend or stop the online service, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, may provide notice of any such changes to the service by notifying on the website. You agree that Bravura is not liable to you or a third party for any modification, suspension or cessation of the service. You acknowledge that Bravura has no express or implied obligation to provide, or continue to provide, the service to you, or any part thereof, now or in the future, and in addition. Bravura can at any time, upon prior notice as required by applicable law, institute reasonable changes for the service.

 

Use of Service

Bravura may impose certain limitations on the use of services with or without notice to you. You agree to use the service only for purposes as permitted under the Agreement and any applicable law or regulations. You agree to refrain from doing any prohibited acts as set out in the Clause 4.4.2. You are agreeing that you will not use the service to: stalk, harass, threaten, intimidate or harm another; pretend to be anyone, or an entity, you are not, you will not impersonate or misrepresent yourself as another person, entity, any of the Bravura employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity.

Bravura reserves the right to reject or block any Member, which could be deemed to be an impersonation or misrepresentation of

 

your identity. Any engagement in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non­‐disclosure agreement or otherwise; use, distribute, reproduce or commercialize any product from the service except as permitted by this transmit any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of service without the prior written header information or otherwise putting information in a header designed to mislead recipients as to the origin of any content transmitted through the service (spoofing) access or attempt to access any part of the website by any means other than through the interface with the service of the services and networks that host the service; interfere or disrupt the service including accessing the service through any automated means, or any servers or networks connected to the service, or any breach of policies, requirements or regulations of networks connected to the service including gaining unauthorized access to use or monitoring of data or traffic thereon or plan or engage in any potentially fraudulent illegal or offensive activity.

 

Proprietary Rights

You acknowledge and recognize that Bravura has its own legal right, title and interest in the service provided including the website and any other software made available at any time for the use of the service. This includes all intellectual property, trademarks and copyright that exist therein, whether registered as a member or not and from any location in the world. You agree that the website, the service and the software and any part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

Privacy Policy

By using the service you are agreeing to the collection, processing and use of personal data about you and information about your service in accordance with the Bravura Privacy Policy. By using the website you acknowledge that you accept the terms and condition of this agreement as well as the terms of Bravura’s Privacy Policy. You acknowledge that you have understood the privacy policy and agree that all information and data collected by Bravura Swimwear is in connection with the service or any future service of Bravura and this agreement is subject to Bravura Policy,

 

which can be viewed at www.bravura.sydney. Information collected when you use the service may include technical or diagnostic information related to your used that may be used by Bravura to maintain, improve and enhance the service. Should Bravura be purchased by a third party, you understand and grant Bravura the right to transfer any personal information that Bravura has in relation to you to the third party. Bravura will not be required to obtain your consent or notify you.

 

Product and Intellectual Property Rights

All intellectual property rights and copyright in the website, the service and the Bravura software is the property of Bravura. All intellectual property rights and copyright that subsist in the product are the property Bravura. Bravura reserves all intellectual property rights including but not limited to trademarks, copyright in the material, copyright and designs in the products, content and services provided Bravura on the website. Nothing in this agreement provides you with the right to copy, use, or otherwise exploit including but not limited to, any product its designs, website content and/or artwork, trademarks, marketing material, logos, domain names and brands. Any trademarks, intellectual property or the like used in the service, including on the website which belong to the third parties are used with consent of that third party and remain the property of that party. Bravura doesn’t claim ownership of any content submitted by members, if you do correspond or otherwise communicate with Bravura through the service in circumstances where it would be reasonable from the content of the communication to expect that you intend the correspondence to be accessible to other members or users, then you automatically grant Bravura an irrevocable, perpetual, non‐exclusive, royalty‐free, world­‐wide license to use, replicate, display, broadcast and distribute the content that corresponds or communicates. This may include, but is not limited to publishing testimonials using posts and comments and/or developing your ideas or suggestions to improve the products or services provided by Bravura.

 

Access

You understand and agree that Bravura may access and preserve and or disclose your member information if legally required to do so or if we have a good faith belief that such access, use, disclosure, or presentation is reasonably necessary to:

 

a)  Comply with legal process or request.

b)  Enforce this agreement; including investigation of any potential violation thereof.

c)  Detect, prevent or otherwise address security, fraud or technical issues

d)  Or protect the rights, property or safety of Bravura, its users or the public as required and permitted by law.
 

  Shipping Of Order

a) Shipping Rates

The shipping prices will be displayed on the website. Bravura can waive or discount shipping rates according to promotions or any sales on the website at anytime. However any promotions or sales that offer full or part discount on shipping rates may cease of change at anytime at the sole discretion of Bravura. Therefore Bravura can make changes to any promotion or sales at anytime without giving notice and at its sole discretion, including but not limited to; method of delivery, rates charged on shipping to any destination and carrier or shipping provider.

 

b) Shipping within Australia

Orders made on the website to an address within Australia will be dispatched via Australian Post and will normally arrive 3­‐5 days from the date of dispatch. You must understand that once the order has been dispatched from our end the delivery of your order then becomes solely dependent on Australia Post and Bravura will not be held liable for any postal delays, loss, or damage caused by the loss or damage of the product, which have occurred after Bravura has dispatched your order. All orders will be dispatched pursuant to the current shipping rates are to be paid at the time you purchase your order

 

c) Shipping to New Zealand

You agree and understand that ordered shipped to New Zealand require a minimum of 5 business days from dispatch to delivery. You agree and understand that our shipping provider Australia Post, require a legitimate postal address. All order to New Zealand will be dispatched pursuant to the current shipping rates of Australia Post. All orders will be dispatched pursuant to the current shipping rates are to be paid at the time you purchase your order. Bravura will not be liable for any customs delays and that any New Zealand duties or taxes which may apply to your order are the sole responsibility of you. You agree and understand that by placing an order on the website you agree to accept full responsibility for any customs charges incurred pursuant to the order and you understand that you are considered to be importing goods into New Zealand. You understand that Bravura will take no responsibility for any additional charges incurred by you and we remind all members of their legal duty to pay any applicable taxes, duties and charges when shipping to New Zealand. You agree and understand that under no circumstances will Bravura accept any returns or refunds due to the objection to any customs charges, taxes or duties. Please refer to the Australia Post’s International Post Guide (http://auspost.com.au/apps/international-­‐post-­‐guide.html) for international shipping standards.

 

d) International Shipping

Bravura may provide shipping of orders to most international destinations using its provider, Australia Post. Orders should normally arrive within 2‐3 weeks depending on postal service from dispatch and provider can only deliver to a legitimate postal address. You agree and understand that applicable custom delays, taxes and duties may apply in different countries. You agree and understand that it is the sole responsibility of the member to check any applicable taxes or duties you may be liable for upon delivery of the order. You agree that when you place an order you accept full responsibility for any customs charges incurred and are considered to be importing goods into the applicable country. You understand that Bravura will take no responsibility for any additional charges incurred by you and member should be aware of their legal duty to pay any applicable taxes, duties and dispatched pursuant to the current international destinations. All orders will be dispatched pursuant to the current international shipping rates, and you agree and understand that such shipping rates should be paid by you at the time you place your order on the website. You agree and understand that at no time will Bravura will accept returns or refund requests due to an objection to any custom charges, taxes or duties. You understand that it is your responsibility to ensure that you refer to Australia Post’s International Post Guide (http://auspost.com.au/apps/international-­‐post-­‐guide.html) for international shipping services available to the country you are shipping to.

 

If you are not one of the counties listed on the Universal Postal Union (http://www.upu.int/en/the-­‐upu/member-­‐countries.html), unfortunately you won’t be able to place an order. If you require the products to be insured you must undertake your own insurance over the items, as Bravura doesn’t provide the facilities to insure the delivery of the products. You understand that Bravura will not be responsible for items gone missing or damaged once it’s been dispatched from our end and will not allow a refund or exchange for the loss of items.

 

Pricing and Payment

You agree and understand that all prices advertised on the website for the products available will be in Australian Dollars (AUD). You understand and agree that Bravura may at any time and its sole discretion change the pricing for the product listed on the website. Bravura will allow cancellation of the order only when the order has not been packaged or dispatched from the warehouse.

 

Refund and Exchange Policy

If you are unsatisfied with your purchase and would like a refund or an exchange, you have 10 business days to return the items from the day you received the goods. Please understand for hygienic purposes that all items being returned must in the condition that they were when you received them – this means that all swing tags, packaging and hygienic stickers must be still attached to the items. Refunds will be granted after the returned goods have been received and undergone a quality control check.

 

Bravura is not responsible for the shipping costs to return or exchange the items, you must cover your own shipping costs and we don’t take responsibility for loss of any items during the return shipping.

Please return items along with the return/exchange form to: Returns & Exchanges

PO BOX 421,

Croydon Park NSW 2133

 

Termination of the Service

You are free to cancel your Bravura membership account at any time.

 

Termination By Bravura

Bravura under certain circumstances and without prior notice, is allowed to immediately terminate and/or suspend all or portions of your membership and access to the service at its sole discretion. Termination causes include but are not limited to; violation of this agreement or any other policies or guidelines that are referenced in this agreement or posted on the website, a request by you to cancel or terminate your Bravura account, discontinuance or material modification to the service or any part thereof, request and/or order from law enforcement/a judicial party/other government agency, where the provision of the service to you is or may become unlawful or otherwise unauthorized, unexpected technical or security issues or problems, your participation in fraudulent/illegal/offensive activities; your continued memberships brings the service into disrupt, or a breakdown of trust between parties. Any such termination or suspension should be made by Bravura in its sole discretion, and Bravura will not be responsible to you or any third party for any loss or damages that may result or arise out of such termination or suspension of your Bravura account and or access to the service.

 

Liability

Statutory warranties contained in Australia consumer protection law are implied into this agreement. Nothing in this agreement is intended to restrict these implied warranties, and this agreement must be read subject to those relevant statutory provisions. These statutory provisions can be found at www.fairtrading.nsw.gov.au and www.accc.gov.au. Subject to Clause 14.1 above you understand and agree that Bravura will not be liable and does make any warranties in relation to the following: Bravura will not be liable for any loss or damage, including for negligence, breach of contract, or tort and including any form of consequential loss including but not limited to any third party loss, loss of profits, loss of revenge, loss of opportunity, loss of anticipated savings, economic loss, and the like, whether caused directly or indirectly in connection with your sue of the service including the website.

 

Bravura will not be liable for any loss or damage resulting from the theft, loss or unauthorised use of the service or your member account.

 

Bravura does not make warranties in relation to any goods and/or services, material or content supplied by any third party in connection with the service or the website. All information, content, comments, photos, files, images, sounds and the like posted on transmitted through or linked from the website are the sole responsibility of the person who provided same. You understand that Bravura, Internet services providers or telecommunications provider, and does not guarantee or warrant that the website will run uninterrupted, secure or without errors from time to time.

 

You understand that Bravura will not be liable for any loss or damage of orders lost or damaged in transit once such order has been dispatched from Bravura warehouse.

 

Bravura will not be liable should corruption or damage to your computer system, tablet, mobile phone, mobile handset or other device occur in connection with the use of the service. You understand that it is your sole responsibility to ensure that any link or the like which you select to use from the website are free from viruses or any other items which may interfere with, corrupt or damage or affect the operation of your computer systems, tablet, mobile phone or other device.

 

Indemnity

You will at all times indemnify, and keep indemnified. Bravura its directors, officers, employees, agents and related companies and bodies corporate from and against any loss (including legal costs and expenses on a full indemnity basis) or any liability incurred or suffered by you or by Bravura arising from any claim, demand, suit, action or proceeding by any person against yourself or Bravura where such liability arose out of, in connection with and/or through yours use of the service, and/or your conduct or breach of this agreement.

 

Goods And Services Tax (GST)

‘Act’ means the A new tax system (Goods and Services Tax) Act 1999 as amended. 16.2 ‘GST’ has the meaning given in s.195-­‐1 of the Act 16.3. Where any other term is used in this clause, which is defined in the act, it should have the same meaning, which it bears in the act 16.4. You understand and agree that: words or expressions used in this Clause which are defined in the law have the same meaning in this clause, any consideration to be paid or provided for a supply made or to be made by a party under this agreement (including the supply of any service) does not include an amount on accounts of the party’s tax liabilities in relation to that supply, if a party (Supplier) makes a supply under this Agreement on which tax is to be imposed: the consideration payable or to be provided for that supply under this agreement but for the application of this Clause (where that consideration has not been clearly and specifically expressed in this agreement tax exclusive consideration) is increased by, and the recipient of the supply (recipient) must also pay to the supplier, an amount equal to the tax payable by the supplier on that supply; and consideration is increased must be paid to the supplier by the recipient without set off, deduction or requirement for demand, at the same time as the deliver to the recipient a tax exclusive is payable of to be provided. The supplier must deliver to the recipient a tax invoice for any taxable supply made under this agreement on or before the date any amount is payable by the recipient to the supplier in respect of the taxable supply. If a payment to a party is as reimbursement or indemnification calculated by reference to a loss, cost or expense incurred by that party, then that payment will be reduced by the amount of nay relevant input tax credit to which that party s entitled for that loss, cost or expense.

 

General

Nothing in this agreement creates a partnership, employment relationship, or agency relationship between you and Bravura. You agree that Bravurawill not be liable for any delay in fulfilling its obligations under this agreement if such delay is caused by an act of God, act of terrorism, revolution, civil strife, industrial or legal action, fire, flood, storm, war, disaster, plague or epidemic, delay in transportation, internet or telecommunication availability, delay by any third party or any other cause outside Bravura’s control. You agree that certain technical difficulties or maintenance, from time to time, result in temporary interruption. Bravura reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the service with or without notice. This agreement is governed by and must be construed in accordance with the laws of the state of New South Wales. The parties submit to the non­‐exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respects to all things arising out of this agreement. Each party represents, warrants to and covenants with the other it has full power to enter into and perform its obligations under this agreement and this agreement constitutes valid and binding obligations of that party enforceable in accordance with its terms.

 

Entire Agreement

This agreement together with Bravura policy constitutes the full terms and conditions agreed to between you and Bravura and supersedes and prior agreements. You agree and acknowledge that in accepting the terms and conditions of this agreement you have not done so in reliance upon oral or written representations made by Bravura with the exception of those contained or referred in this agreement and Bravura privacy policy.

 

Severability

If any provision of this agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then; where offending provision can be read down so as to give its valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve the result and in any other case the offending provision must be served from this agreement in which event the remaining provision of the agreement operate as if severed provision had not been included.