TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding contract between the consumer ("you") and Giroud, Pty Ltd trading as Giroud. ("Giroud") and apply to the ordering, purchasing, fulfilment and delivery of Goods from Giroud including from the top level domain name giroud.com.au ("Website"). Note that this policy applies to individuals who purchase goods for personal use only i.e. it does not cover any business and wholesale accounts.
Please read the following Terms and Conditions carefully before placing your Order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions, you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Giroud. From time to time, Giroud may make revisions which will be posted to this page. You agree to be bound by any revisions.
"Consumer" means an individual who purchases goods and services for personal use.
"Goods" means those goods available from Giroud via the Website.
"Order" means an Order for Goods placed via the Website or by other means.
"Taxes" means any taxes (including goods and services tax and other value added taxes), levies, imports, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with Giroud, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- a) "Administrative Emails" involve details of account activity, Orders, offers and purchases you have made.
- b) "Promotional Emails" consist of Goods information, new offers, and information about Giroud. You may choose to opt-out of receiving Promotional Emails anytime by informing us or by following the instructions on those Emails.
PLACING YOUR ORDER AND FORMING A CONTRACT
(1) Our offerings published on the Website, in catalogues, and in our Showroom are non-binding.
(2) By placing an Order on the Website (which requires prior registration and acceptance of these General Terms and Conditions), the Consumer makes a binding offer to purchase the relevant Goods. The offer shall remain valid and binding for a period ending on the end of the 5th calendar day following the day of the offer. We are able to accept the offer within this period.
(3) Without undue delay upon receipt of the Order, we will send to the Consumer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the Order. The Order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the Order or by dispatching the Goods (we will provide you with tracking details upon written request). We do not formally accept your offer until your Order has passed our internal validation procedures for:
Verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud; and
The sales contract with the Consumer shall not become effective until our acceptance in the manner set out in this section, and not simply by our email confirmation of our receipt of a Consumer’s Order.
(4) Despite our best efforts, as the Consumer makes an Order from a customised design they have generated themselves or from the Website or other sources, the design and colour of the Goods may vary slightly from the design in the Order or the Goods contract.
(5) You warrant to Giroud that all goods that you order are intended for personal, domestic and non-commercial use only.
(6) You agree and acknowledge that, if your offer is accepted by Giroud in accordance with these Terms & Conditions, that Giroud is contracting to arrange for the delivery of the relevant Goods to your nominated address.
(7) You as the Consumer will be considered the importer of record, unless expressly stated otherwise, in respect of the Goods and you must comply with all laws and regulations of the country in which you are receiving the Goods including the payment of all applicable Taxes.
(8) Giroud and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in their sole discretion.
PRICES AND PAYMENT
(1) Excluding Australia and New Zealand our prices do not include VAT (GST) or other Taxes or shipping costs unless stated. All Taxes and charges shall be borne by the Consumer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our Order form) upon receipt of an invoice (which may be sent by e-mail and included in our notice of acceptance). Upon the Consumer’s request, to be made in the Order form, we will use our best efforts to deliver the Goods as specified in the Order form.
(3) If you decide to purchase Goods from us, you agree to promptly pay the amounts due under these Terms and Conditions. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a "chargeback" through your credit card provider, we reserve the right to no longer conduct business with you.
(4) If we cannot process or accept your Order after payment is received, we will attempt to contact you by email or telephone.
(5) The Consumer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
RETENTION OF TITLE AND RESALE
(1) We retain legal title to any Goods supplied by us until the purchase price (including Taxes and shipping costs) for such Goods and all other money that the Consumer may owe us at any time on any account have been fully paid. The Consumer acknowledges that this provision creates a security interest over the Goods for the purposes of the Personal Property Securities Act 2009 (Cth) or equivalent legislation in other jurisdictions.
WARRANTY, GUARANTEE, RETURN POLICY
The Consumer may have rights in relation to Goods under the relevant consumer laws (eg. Australian Consumer Law). Nothing in these terms and conditions excludes or restricts any of the Consumer’s statutory rights. Where the Goods are not purchased for personal, domestic or household use, we may limit the Consumer’s remedies to replacing or repairing the Goods or reimbursing the Consumer for the cost of repairing or replacing the Goods.
(1) In the event of a structural defect of the delivered Goods, the Consumer shall be entitled to request from us to repair the defect or to supply another Goods (as ordered) which is free from those defects.
(2) In addition to the statutory warranty and guarantees, we voluntarily grant for all garments an extended warranty of 3 months in total from the date of Order. This warranty is limited to defective workmanship, materials or goods and excludes normal wear and tear.
(3) Without any limitation of the statutory warranty rights of the Consumer, our voluntary warranty is subject to the following additional conditions:
(i) The warranty does not cover damages caused by inappropriate or unspecified use for the particular Goods as described on our website, including:
neglect of Goods (lack of care and maintenance);
(ii) We reserve the right to repair damaged garments or replace them.
(iii) In the event that it is necessary to change garment we will endeavour to replace them in the original colour subject to availability. Should the original colour no longer be available, it may be that there are deviations from the original colour.
(iv) Guarantee rights are limited to the aforementioned and any additional incurred costs (such as transport, etc.) and additional costs for materials are not covered within the framework of our voluntary guarantee, the Consumer shall bear these costs.
(v) Our guarantee is valid and only for the original Consumer who purchased the goods.
(1) Our liability for negligence, other than for gross negligence, shall be limited to the maximum extent permitted at law.
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant Order and Goods and assuming normal use of the Goods. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) Except as specified by consumer laws, damage claims of the Consumer based on obvious defects of the Goods are excluded, unless the Consumer reports the defect within 14 days after the delivery of the Goods.
(4) Whilst every effort has been made to ensure the information contained within this Website is correct, Giroud makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an "as is" basis.
Giroud, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the Goods sold on it including, without limitation, loss or damage suffered as a result of negligence.
You agree not to post or transmit to the Website any material which:
Is threatening, defamatory, obscene, offensive, indecent, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary.
Is not properly licensed for use on this Website.
Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
Constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world.
Infringes on the rights of a third party in any country in the world.
Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree not to attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess user’s passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Giroud Website or technology, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Giroud owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website or social media accounts. This includes but is not limited to images of athleisure goods designed by you using our Website, and photographs of athleisure goods custom made for and sold to you. Giroud is free to copy, distribute or incorporate such material into the Website or social media accounts for commercial or non-commercial purposes.
CREDIT CARD FRAUD
Giroud, through our transaction providers, employs technology to protect transactions with our consumers. However, Giroud will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used, or is used in an unauthorised manner as a result of using this Website.
SUPPLY OF GOODS
Subject to these Terms and Conditions, we will supply to you the Goods indicated on your Order confirmation.
When designing your bespoke goods, the images displayed are a representation only, the actual product that is custom made for you may differ to the represented images. Your ability to return Goods are subject to the Giroud returns policy (see above).
When your Order items have been dispatched, we will email you to confirm shipment including a tracking number (for each item, if applicable).
PRODUCTION OF YOUR GOODS
Your goods will be manufactured and delivered to you in accordance with the estimated date stated on the website at the time of purchase.
DELIVERY OF YOUR GOODS, RISK AND INSURANCE
Giroud makes every effort to deliver your custom-made goods purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your Order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control.
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. We shall only be obliged to properly and in a timely manner deliver the Goods to the carrier, and any transit times specified on the Website shall be non-binding estimates.
If your custom-made goods or other Goods do not arrive within the estimated delivery time, please contact us.
We encourage you to visit the "My Account" section on our Website to view the delivery status of your custom-made athleisure goods or other Goods.
The Consumer shall bear the shipping costs. The shipping costs include the costs for transport insurance against the usual risks of transportation. We will inform the Consumer of the shipping costs in the Order form.
The Consumer shall bear the usual return shipping costs when returning the goods for any reason unless we agree to pay for those costs.
Unless otherwise agreed by us, we will deliver your custom-made Goods or other Goods to the address indicated on your Order confirmation. If no one is available to take delivery of your Order, our carrier may leave a card so you can pick-up your custom-made goods or other Goods from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release Giroud and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the Giroud Returns Policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your custom-made goods or other Goods to you within the estimated delivery time indicated on your Order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, Giroud will not be liable for any delay or inability to deliver your Order within the estimated timeframe.
Risk and Title in Goods passes to you on the date and time of delivery of the goods to Giroud's nominated delivery agent in the country of export.
IMPORTER OF RECORD AND AUTHORISATION OF CUSTOMS BROKER
As noted above, if your offer is accepted by Giroud in accordance with these Terms and Conditions and notwithstanding that the delivery of the relevant Goods to your nominated address will be arranged by Giroud, you will be considered the importer of record in respect of those Goods.
If your nominated address is within Australia, you hereby authorise the shipping company under the Customs Act 1901 (Cth) to act as your agent in respect of dealing with the Australian Customs and Border Protection Service in clearing the goods on your behalf, including, without limitation, making declarations on your behalf to Customs.
CUSTOMS AND DUTIES
In respect of an Order of Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. For the following destination countries, you will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you may be required to pay Taxes to the relevant authority in addition to your payment to us of the price:
Taiwan, Province of China
For all countries not listed above, Giroud will be the importer of record for the purpose of customs and border processing. In such countries (except for the United States), as the importer of the goods, we agree to pay such Taxes to the relevant authority in addition to your payment to us of the price.
In the United States, Giroud is required to collect applicable state and local sales tax on orders shipped to the State of Washington, and California and such taxes will be applied to your Order total. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Giroud is required to follow the rules of each State. Your final Order will include the appropriate State and local taxes, as applicable in the United States.
If the relevant authorities in your country ask you to pay taxes or duties when your athleisure goods are delivered, please contact Giroud and we’ll rectify this for you.
REVIEWS, COMMENTS AND DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide Giroud, including without limitation, garment designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Giroud shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Giroud. You also grant Giroud the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Giroud will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Giroud or third parties as to the origin of any Submissions or Content. Giroud may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website may be provided for your convenience.
Giroud has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond reasonable criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Giroud. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions.
Giroud reserves the right to change the Terms and Conditions at any time.
No Giroud employee or agent has the authority to vary any of the Terms and Conditions.
Giroud shall not be liable for any delay in performing any of its obligations outside of the control of Giroud, and Giroud will be entitled to a reasonable extension of time for the performance of such obligations.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Western Australia. Any dispute arising out of your use of the Website, or the Goods purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.