Terms and Conditions
TERMS & CONDITIONS
These Terms and Conditions constitute a legally binding contract between the customer ("you") and Winston Manner Pty Ltd ("Winston Manner") and apply to the ordering, purchasing, fulfilment and delivery of Goods from the top level domain name winstonmanner.com.au ("Website").
Please carefully read the following Terms and Conditions before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and shipping 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 at any stage by Winston Manner. Revisions will be made to this page. You agree to be bound by any changes and revisions.
DEFINITIONS
“Winston Manner” a trading business of Winston Manner Pty Ltd (ABN 78 168 318 116)
“Website”: www.winstonmanner.com, www.winstonmanner.com.au, www.winstonmanner.co.uk, www.winstonmanner.co.nz
“Goods” Items selected and purchased
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
“Order” Items collected within the shopping cart for purchase
PAYMENTS
Customer agrees to pay to Winston Manner by debit to Customer's credit card or PayPal account the total value of the order of goods selected and the identified cost of shipping and handling costs, all fees are tax inclusive. Winston Manner will issue Customer with a valid Tax Invoice for this purchase.
All major Credit/Debit Cards, PayPal Accounts are all acceptable methods of payment. All goods remain the property of Winston Manner until paid for in full.
Customer acknowledges that a third party ("Card Authoriser") will process the credit card transactions required for the order. Customer agrees that Winston Manner is not liable for default by the Card Authoriser.
Winston Manner employs the Secure Sockets Layer (SSL) technology to protect our customer transactions through our transaction providers BrainTree and PayPal. However Winston Manner will not be responsible for any damages or losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this Website.
WEBSITE CONTENT
Winston Manner endeavours to ensure all information presented on the website is accurate, Winston Manner makes no guarantee that the information is free from errors or faults, and accepts no liability for any errors or omissions.
Winston Manner makes no warranty or representation about the suitability of any product, service or affiliate being advertised on its website.
Winston Manner reserves the right to change information published on its website at any time.
COMMUNICATION BY WINSTON MANNER
As a condition of creating an account with Winston Manner, You grant Winston Manner an ongoing consent to use your information to send you account related emails, marketing emails, information on product and services and make other offers to you by sending you electronic messages including via email.
a) "Account Related Emails" involve details of account activity and purchases you have made.
b) "Marketing Emails" consist of product information, new offers and information about Winston Manner. You may choose to opt-out of receiving Marketing Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you for marketing purposes, please opt-out by contacting us at any time via our online feedback form, or through the methods described in any e-mails we may send you.
YOUR RESPONSIBILITIES
Unless otherwise stated, Winston Manner LLC and its parent company Winston Manner PTY LTD own the intellectual property rights in the website and material on the website.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users 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 must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Winston Manner’s express written consent.
COLLECTION OF YOUR INFORMATION
Winston Manner needs to collect personal information about you to process your order. If Winston Manner cannot collect this information, it will be unable to process your order in your name. Winston Manner respects your privacy and will only use or disclose your information in accordance with the Privacy Act 1988.
We do not sell, rent or share customers' personal information. Please read our Privacy Policy.
PRIVACY
Your privacy on the Winston Manner website is very important to us.
Our privacy policy sets out the standards and applications that apply to our site, including the information we collect about you, when and how we collect it, and what we do with that information.
Winston Manner does not collect personally identifiable information like your name, e-mail or mailing address and telephone number ("Personal Information") without your knowledge and specific permission.
Winston Manner does not disclose your Personal Information to third parties unless you specifically authorise us to do so.
Winston Manner will take reasonable steps to protect the security of the Personal Information we collect from you.
When you are just visiting us...
You can visit the Winston Manner website anytime without revealing who you are or providing any Personal Information.
While you are on our site we collect basic information but it is anonymous and is not linked to you specifically. We use this data to better understand things like how our site is navigated, how many visitors arrive at specific pages, the length and frequency of stays at our site, etc. to try and improve the site for our customers.
COOKIES
We may place a "cookie" on your personal computer. Most web sites do this. A cookie is a small file that our computer sends to your computer and that your computer sends back to us each time you visit the Winston Manner website.
We use this data to remember the information you have already typed in order to save you re-entering it repeatedly. Our credit card payment gateway also requires the use of cookies.
Most Internet browsers automatically accept cookies. However, you can instruct your browser, by editing its options, to stop accepting cookies or prompt you before accepting a cookie from the sites you visit.
SHARING OF PERSONAL INFORMATION
We guarantee that we will only disclose your Personal Information to the service and product providers that you decide to make a purchase with Winston Manner
We may also have to share your information with courier and handling companies and with the credit card company. We share with these other companies only the information they need to complete the purchase and shipping.
HOW WE PROTECT YOUR INFORMATION
At Winston Manner we are committed to safeguarding your private details and we use the best security technology available to achieve this.
For your privacy, all information at our end is secured from unauthorised access from the Internet through the latest firewall technology. In addition, during payment, others are prevented from tapping into the connection between your computer and our server through industry-standard encryption technology known as Secure Socket Layer (SSL) with encryption keys of 128 bits
To make sure we meet our obligations to you and in adherence withPrivacy Act 1988http://www.comlaw.gov.au/Details/C2014C00757 we are constantly upgrading our systems to ensure our privacy obligations are always met in accordance with industry standards and best practice.
If you are not satisfied with the way in which we handle your enquiry or complaint, please don't hesitate to contact us at paws@winstonmanner.com.au
RETURNS POLICY
We hope you love your new Winston Manner Designer Collar, Leash or Harness.
If for any reason you don’t, we would like to offer you a full refund of the purchase price (excluding shipping) if you return the product new and unworn within 60 days of purchase.
HARNESS OR LEAD DOESN’T FIT
If your harness or collar doesn’t fit we will happily provide you with an equal exchange to the value of the purchase price (excluding shipping) if you return the product new and unworn within 60 days of purchase. We will also offering you free shipping on your exchange order.
IF YOUR HARNESS, LEAD OR COLLAR IS FAULTY
If you harness, leash or collar is faulty or defective with clear manufacturing faults we would like to offer you a full refund or equal exchange to the value of the purchase price and shipping, we will also refund you the cost of returning the good and offer you free shipping on your exchange or next purchase.
IF YOUR RECEIVE THE WRONG HARNESS, LEAD OR COLLAR
If the harness, leash or collar you receive is different to that on your purchase receipt we would like to offer you a full refund or equal exchange to the value of the purchase price and shipping, we will also refund you the cost of returning the good and offer your free shipping on your exchange or next purchase.
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.
If you have any concerns please email us paws@winstonmanner.com.au
SHIPPING
Please allow 5-7 days for order fulfillment.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping option.
We will use our reasonable efforts to deliver your Winston Manner product 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, Winston Manner will not be liable for any delay or inability to deliver your order within the estimated timeframe.
International shipments may be subject to taxes (VAT) and duties (or customs tariffs) which are set by the destination country’s custom. As the purchaser you are the importer of the goods and are subjected to pay any required taxes or duties within the destination country.
If you wish to ship to a country outside these zones please contact us: paws@winstonmanner.com.au
COUPON CODES
1. Can not be redeemed for cash. 2. Only one code valid per transaction. 4. Code becomes invalid after redemption. 5. Cash or credit will not be issued for balance of the code value if not redeemed in full. 6.Codes only valid til expiry date. 7. Code must be entered on redemption. 9. Code only valid for sales online at www.winstonmanner.com.au
GENERAL
The Australian Consumer Law govern these Terms and Conditions. By accessing this website and using our services/buying our goods you consent to these Terms and Conditions
Our goods 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.
No failure or delay by Winston Manner or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.
If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and Winston Manner.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Winston Manner.
FORCE MAJEURE
Winston Manner shall not be liable for any failure to perform or delay in performing any obligation under these Terms & Conditions which is due to an event beyond our reasonable control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
DISCLAIMER
Winston Manner, 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.
GOVERNING LAW
These Terms & Conditions will be governed by the laws of Queensland, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of Queensland. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
These terms and conditions do not affect the Customers' statutory rights. Please contact Winston Manner at paws@winstonmanner.com.au
Winston Manner LLC is a company of Winston Manner PTY LTD ABN: 78 168 318 116
Winston Manner is a registered trademark