This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products (each a Product) listed on our website www.diavolinashoes.com.au (hereinafter referred to as "the Site") to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.
Terms & Conditions
1. References to “we”, “us” or “our” are references to Cube Footwear ABN 15059140304 of unit 8 / 1 Talavera Rd, Macquarie Park, NSW, 2113 trading as Diavolina and its subsidiaries, associates and officers, unless otherwise stated.
2. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
3. In these Terms and Conditions:
1. "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
2. "Acknowledgement" means our acknowledgement of your Order by email;
3. "Breach of Duty" has the meaning given to it in clause 11.11(b) of these Terms and Conditions;
4. "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
5. "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 4.9 below;
6. "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
7. "Customer" means individual who places an Order on the Site;
8. "Liability" has the meaning given to it in clause 11.11(a) of these Terms and Conditions;
9. "Order" means the order submitted by you to the Site to purchase a Product from us;
10. "you" means the Customer who places an Order;
11. references to "clauses" are to clauses of these Terms and Conditions;
12. headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
13. words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
14. references to "includes" or "including" or like words or expressions shall mean without limitation.
4. These Terms and Conditions are our copyrighted intellectual property. Use by third parties - even of extracts - for the commercial purposes of offering goods and/or services' is not permitted. Infringements may be subject to legal action.
2. Your Status
1. To place an order with Diavolina you must be over 18 years of age or have permission by a parent or guardian and possess a valid credit or debit card issued by a bank acceptable to us.
1. These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
2. These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
1. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
2. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
3. You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Secure Pay, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Please note that we only accept payment by credit and debit cards where those cards are issued by an Australian or New Zealand-based financial institution.
4. If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
5. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
6. When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
7. Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
8. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
9. A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
10. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact firstname.lastname@example.org immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
11. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
12. A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
13. You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
1. We aim to deliver the Product to you at the place of delivery requested by you in your Order.
2. We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 2 working days from the date of any Order which we accept but we cannot guarantee any firm delivery dates.
3. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4. On delivery of the Product, you may be required to sign for delivery, unless you grant us ‘authority to leave’ pursuant to clause 5.5 below. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5. You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
6. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
8. Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
9. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
10. You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
11. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
12. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
1. charge you for our reasonable storage fee and other costs reasonably incurred by us; or
2. no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above).
13. It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
6. Returns & Refunds
This policy applies to products purchased from the website www.diavolinashoes.com.au
CAN I GET A FULL REFUND ON RETURNED ITEMS
We are determined to make your shopping experience hassle free. If you are unhappy with your online purchase for any reason, we will gladly accept exchange or return of unworn merchandise returned to our online store within 14 days of the order date.
If you would like to return goods for a full refund then please ensure:
1. The product was bought at full price
2. The product is not worn
3. Retrieve your order number (you will find it on the Diavolina order confirmation email).
4. The product can be returned in its original Diavolina box or packaging.
5. The receipt received is returned with the goods returned.
Note: Items purchased on Sale (discounted price from the full sales price) are eligible for an exchange or credit note but not a refund.
We recommend sending return parcels via registered post as Diavolina is not liable if your return is not received at our address. If your parcel goes missing you will be required to provide two pieces of documentation; a proof of delivery at our address and a scanned image of the signature obtained upon delivery. If you cannot provide this information, Diavolina will not be held accountable for any losses.
For products delivered to addresses outside Australia, we do not currently accept returns for change of mind.
WHAT IS THE PROCESS FOR RETURNS?
For orders delivered within Australia, we will accept returns for change of mind on products purchased online within 14 days from date of receipt or at any time if products are faulty. You can register your intention to return by contacting our Customer Service team via email at email@example.com or by phoning on 03 9417 5544 between 9am and 5.30pm AEST Monday to Friday, where you will be advised of the return process and provided with a returns exchange number. This number must be noted on your delivery.
For orders delivered outside of Australia where the product may be faulty or we have not delivered what you ordered, please contact our Customer Service team via email at firstname.lastname@example.org where you will be advised of the return process.
If you need to exchange your purchase for another size please contact our Customer Service team via email at email@example.com or by phoning on 03 9417 5544 between 9am and 5.30pm AEST Monday to Friday.
Customers are responsible for shipping and handling charges for any exchanges of size. Please allow 2 – 4* working days for your order to be dispatched and a further 2 - 3 working days for delivery.
* Exchanges are valid within Australia only. We cannot dispatch or deliver orders on New South Wales public holidays. In this instance, please allow a slight delay of 3 - 10 working days for delivery from your order date.
WHAT IF A PRODUCT IS FAULTY OR INCORRECTLY DELIVERED?
We take extreme care in ensuring our goods are of the highest quality. However, if for any reason you find that one of our products is faulty, or we have not delivered what you ordered, we would like to help you resolve the problem.
Returns will be accepted for products purchased online if they are faulty or the products delivered do not match your Order. However, you will need to provide proof of purchase (which may include the invoice, credit card statement or other payment statement) at the time of making the return.
All online purchases claimed as faulty will need to be sent back to Diavolina for an official assessment by the Diavolina product development team. Customers will initially be responsible for shipping and handling charges for any returns of faulty product, however this amount will be refunded to your account once the product has been received. Please ensure you provide a delivery receipt with any charges to ensure your refund can be processed.
WHAT ARE MY OPTIONS WHEN I RETURN AN ITEM BOUGHT FROM THE WEBSITE?
Diavolina provides three return options for faulty or incorrectly delivered products, and to Australian customers where our change of mind policy applies.
2. Credit note
3. Full refund to your account
WHO PAYS FOR SHIPPING RETURNS?
Customers will initially be responsible for shipping and handling charges for any faulty products, however this amount will be refunded to your account once the product has been received. Please ensure you provide a delivery receipt with any charges to ensure your refund can be processed. You must resubmit your account details for the refund to be processed.
Size Changes or change of mind:
Purchaser pays to return the product to Diavolina, however Diavolina will pay for postage for any exchanges.
HOW LONG WILL IT TAKE TO GET A REFUND?
Once your goods have been received by Diavolina please allow up to 5 working days for your refund to be processed back to your account. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund.
WHAT WILL HAPPEN IF I RETURN AN ITEM PURCHASED WITH A GIFT VOUCHER?
Any product purchased with a Gift Voucher that is found to be faulty or incorrectly delivered, or falling within our change of mind policy (for Australian customers only) and is returned for an exchange or refund, any money refunded will be credited to the original Gift Voucher.
WHO GETS THE REFUND IF I RETURN A GIFT?
The refund on a correctly returned item that was given as a gift will be credited to the original card or account used to purchase the gift.
HOW DO I CONTACT THE CUSTOMER SERVICE TEAM?
The Customer Service team operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 9.00am until 5.30pm Australian Eastern Standard/Daylight Savings Time.
The contact phone number for our team is 03 9417 4455 or you can also contact us via email at firstname.lastname@example.org
NEW ZEALAND DELIVERIES
For NZ online orders a flat rate of $20.00 AUD applies for any amount of items.
Please email your request to email@example.com
1. We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
2. We will usually refund any money received from you using the same method originally used by you to pay for the Product.
8. Cancellation by Customer (Non-Faulty Product)
1. If you wish to cancel your order please contact our Customer Service Team on 03 8415 0255. No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the costumer care department (Please call the above stated number or refer the returns process).
9. Faulty Products
1. We warrant that:
1. the Product will be delivered undamaged in the quantities ordered; and
2. the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.
2. The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
3. Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
4. We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
5. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
1. you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
2. you providing us with the delivery note number and such other information as we reasonably require.
6. If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
2. been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
3. been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
4. deteriorated through normal wear and tear,
7. after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
10. Promotions, Competitions and Giveaways
1. Unless otherwise specified, the terms and conditions in this clause 9 will apply to all promotions, competitions, and giveaways run by us. To the extent that any such special terms and conditions are not inconsistent with the terms and conditions in this clause 9, clause 9 will continue to apply.
2. Participants are limited to one (1) entry into the draw, unless stipulated in the competition’s specific terms & conditions.
3. Winners will have 7 days to claim their prize, at which time the prize will be redrawn.
4. Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.
5. Entry into a promotion is only open to Australian and New Zealand residents. In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner's age, identity, and residency.
6. Incomplete or indecipherable entries will be deemed invalid.
7. We reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.
8. If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorized intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
9. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.