Terms and Conditions
General:
The online store made available at the URL silverly.com.au (Silverly Online Store) is operated by Silverly Australia Pty Ltd ABN 53194327028 (Silverly, We, Our or us), a company registered in Australia.
Silverly believes strongly in protecting the privacy of its users and customers.
By purchasing products from the Silverly Online Store (Products), you acknowledge that all personal information that you supply to Silverly in connection with your purchase of a Product will be collected, used, disclosed and managed by Silverly in accordance with its privacy policy. Your purchases of Products from the Silverly Online Store will be governed by the following terms and conditions of Sale, including any other terms and conditions which may notified to you at the time of placing your order. Please read these Sales Terms carefully before ordering any Products from the Silverly Online Store.
By ordering Products, you agree to be bound by these Sales Terms.
1. Introduction
The website at Silverly.com.au (Website) is operated by Silverly Australia Pty Ltd ABN 53194327028 (Silverly, we or us). “you” means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (known collectively as the Terms of Use). These Terms of Use for the Website are the exclusive terms applying to the use of the Website.
Your use and/or continued access to the Website constitute your agreement to the Terms of Use. If you do not agree to these terms and conditions, you must not use or access the Website. Silverly reserves the right to amend the Terms of Use at any time. The amended terms of use will be effective immediately upon being posted to the Website. Since you will be bound by the amended terms and conditions upon posting, you should visit this page periodically to review the Terms of Use. If you breach any of the Terms of Use we may terminate your right to use and access the Website.
2. Purchasing of products
If you purchase any of the products that are available from Silverly’s online store at Silverly.com.au, then the terms of sale above will also apply (in addition to these Terms of Use) in relation to your purchase of those products.
3. Intellectual property rights
Silverly or its related companies (or their licensors) own the intellectual property rights (including copyright and trade marks) in the Website and the contents of the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website themselves or otherwise infringe the intellectual property of Silverly, its related companies or their licensors.
All materials displayed on the Website, including without limitation all information, text, photographs, illustrations, artwork and other graphic materials (Content) are the property of Silverly or its related companies or their suppliers and/or licensors unless indicated otherwise on the Website, and are protected by copyright, trade mark and other intellectual property laws.
All Content may be downloaded, viewed and printed for your personal, non-commercial use only and provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the express prior written consent from the relevant owner of the intellectual property rights. You must not otherwise infringe the intellectual property of Silverly or its related companies or their suppliers and/or licensors.
Except as expressly provided above, nothing contained in the Terms of Use will grant, or is intended to be construed as conferring, any license or right in, or an assignment of all or part of, any intellectual property rights in the Content, without the express written agreement of the relevant owner of the intellectual property rights.
4. Privacy
All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by Silverly according to the terms of its Privacy Policy. You consent to Silverly dealing with your personal information in accordance with its Privacy Policy. You also agree to use the Website in accordance with any other policies that we publish on the Website from time to time.
5. About these Sales Terms
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
IF YOU ARE UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS FROM THE Silverly ONLINE STORE.
These Sales Terms apply to all orders for and purchases of Products made from the Silverly Online Store.
Silverly may revise these Sales Terms from time to time. Any changes to these Sales Terms will be effective on the date on which they are posted on the Silverly Online Store.
Silverly will communicate with you electronically by email when you order and purchase Products from the Silverly Online Store.
6. Placing an Order
To be able to buy Products you must:
Read and accept these Sale Terms;
- provide your name and address, phone number, email address, payment details and other required information;
- provide a delivery address within Australia (Note: Silverly is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, overseas army addresses, some hotels, hostels or prisons); and be aged 18 years or over, be legally capable of entering into binding contracts and the owner or authorized holder of a valid debit/credit card, if paying for the Products with a debit/credit card.
- You may place an order by clicking on the “ADD TO BAG” button and proceeding to the checkout page.
- You will be provided with an opportunity to review your order, read and accept the Sales Terms, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. Silverly will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
- If you place any Products in your Bag and accept our Sales Terms but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit our online store to complete your purchase.
7. Delivery Locations
The Silverly Online Store currently only ships to addresses within Australia. We regret that we cannot deliver elsewhere.
8. Order Processing and Contract Formation
Once you have submitted and confirmed your order using the Silverly Online Store, Silverly will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered Products (Order Receipt Confirmation Email).
The products on the product pages of the Silverly Online Store are not an offer to sell but an invitation to treat only. Silverly may choose to reject all or part of an order in Silverly’s sole discretion for any reason, including without limitation in the case of abnormal orders and orders which Silverly suspects are not placed in good faith or for personal use, or orders in response to incorrect offers on the Silverly Online Store made as a result of human, system or technology error (including errors in the image, description or price).
Silverly may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the Silverly Online Store or communicated to you at the time of placing your order or otherwise communicated to you. If Silverly rejects an order Silverly will refund any money paid for that order.
After receiving your order, Silverly will check that the ordered Products are available. A separate contract for the sale of the ordered Products between you and Silverly on these Sales Terms will be formed when Silverly emails you confirming that all or part of the order is available and has been dispatched (Shipment Confirmation Email). The contract is formed on sending the Shipment Confirmation Email whether or not you receive such email. You are encouraged to download, save and print a copy of your Order Receipt Confirmation Email, Shipment Confirmation Email and these Sale Terms for your records.
The contract will only relate to those Products which have been despatched and are listed in the Shipment Confirmation Email. Silverly will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
If you would like to cancel your order after you have received your Shippment Confirmation Email, please see the Returns and Refunds section below.
9. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email. If you place additional or separate orders after receiving the Order Receipt Confirmation you will incur additional shipping and handling charges for such additional orders.
The Products, prices and promotional offers (if any) made on the Silverly Online Store only apply to orders placed on the Silverly Online Store and may be different from those available in physical stores selling Silverly products.
If there is a pricing error, whether on the Silverly Online Store or in an Order Receipt Confirmation Email or otherwise, then to the extent permitted law Silverly has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email Silverly will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.
You acknowledge that even after Silverly has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then Silverly is under no obligation to provide a Product to you at an incorrect (lower) price.
Prices for the Products include GST or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related GST or other taxes will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.
Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing or other error as described above).
Promotional Codes
From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. Unique promotional codes can only be used by intended recipient and cannot be transferred to another customer. Discount cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be used for the purchase of a Silverly Gift Card or eGift Card. Promotional codes are not valid for redemption in Silverly stores and cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.
10. Payment
Payment must be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, PayPal.The name on the credit card must be the same as the name of the person placing the order.
If Silverly does not receive the authorization that the payment has been processed Silverly reserves the right to cancel your order.
The value of your purchase will be settled from the applicable card when the order is placed.
If your credit card payment cannot be processed you will be notified of this on the Silverly Online Store. You will then need to contact the card issuer and endeavour to resolve the issue.
11. Delivery
You should allow approximately 3-8 business days for standard delivery and 1-4 business days for express delivery for in stock items, provided that your payment is received before 2pm on the day that the order is placed. Silverly reserves the right to substitute another carrier of equal or lesser cost to deliver your order.
If Silverly cannot deliver your order within the period specified in your Shipping Confirmation Email then Silverly will endeavour to contact you and you may choose to cancel your order and receive a full refund.
If you unreasonably defer delivery or delay the receipt of delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Silverly.
12. Events Outside Silverly’s Control
Silverly shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; strikes or lock-outs (or other industrial action); national or local states of emergency;failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or the acts, decrees, legislation, regulations or restrictions of any government. Silverly’s performance is deemed to be suspended for the period that the above continues.
13. Product Availability
Silverly uses reasonable efforts to ensure the availability of Products you order from the Silverly Online Store. However Products are made available to purchase on a “first in-first out” basis and are only available whilst stocks last.
14. Product Information
Please take care when placing your order to ensure that the Products you purchase are suitable for the intended use. Please use the Silverly Online Store as your final point of reference when checking the kind of product that you are ordering. If there is a difference between the Silverly Online Store content and any other website (or any other source of information) the Products as shown on the Silverly Online Store at the time of purchase will take precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact Silverly Customer Support Centre either by email or phone for assistance.
15. Title to Products
Silverly retains full legal title to Products until it has received all amounts due on the ordered Products in full and you have received your Shipping Confirmation Email. The Products will be at your risk from the time of delivery.
16. Disclaimer
While Silverly endeavours to take reasonable care in preparing and maintaining the information on the Website, Silverly makes no representation about the accuracy, reliability, adequacy, completeness or timeliness of the Content, including the price of any products available for purchase from Silverly’s online store at Silverly.com.au. The Content may contain inaccuracies or typographical errors. The Content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. The use of the Website and Content is at your own risk.
17. Exclusion of warranties
Any warranties in relation to any products that you purchase from Silverly’s online store at Silverly.com.au will be determined in accordance with the terms of sale and not under this clause 8.
To the maximum extent permitted by applicable law:
– all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed. Silverly does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law from excluding or limiting (but only to that extent);
– Silverly does not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;
– Silverly does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;
– Silverly does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its Contents. Your use of the Website and the information on it is at your own risk; and
– the Website and its Contents are provided on an “as is” basis without any warranties of any kind. Silverly may change the Website or limit or terminate your access to the Website at any time without notice.
Silverly makes no representation that the Contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
18. Limitation of liability
Any liability relation to any products that you purchase from Silverly’s online store at Silverly.com.au will be determined in accordance with the terms of sale listed above and not under the terms of this clause 9.
To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Silverly will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or dam13ages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.
To the maximum extent permitted by applicable law, the liability of Silverly, its related companies and their respective directors, employees, suppliers and agents under any condition, warranty or guarantee which cannot by law be excluded is limited at the option of Silverly to the following:
In the case of services:
The supply of the services again; or
The payment of the cost of having services supplied against; and
In the case of goods:
The replacement of the goods or the supply of equivalent goods;
The repair of such goods;
The payment of the cost of replacing the goods or acquiring equivalent goods; or
The payment of the cost of having the goods repaired.
19. Indemnity
You indemnify Silverly against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by Silverly in connection with or arising, whether directly or indirectly, as a result of your breach of these Terms of Use, your use or access of the Website or any violation of any applicable law.
20. Compliance with all applicable laws
You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.