Terms and Conditions of Use
The website https://www.ninewest.com.au/ and the associated applications (“Site") is owned and operated by J. L. Footwear Pty Ltd (ABN 065 208 077) (t/as and referred as Nine West, "we", "us").
ONLINE CUSTOMER REGISTRATION
ELIGIBILITY TO PURCHASE
In order to make a purchase through the website, you will be asked to register and provide your personal details. There is an option to order and purchase as a guest however we would prefer you to register, in order for your order history to be easily accessable to you at any time after purchase for tracking of orders.
Customers must provide their real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid, and correct, and you confirm that you are the person referred to in the billing information provided. We reserve the right to request proof of ID, address, and banking details before processing your order.
All orders are subject to availability and acceptance.
It is the responsibility of the purchaser to ensure the goods can be signed for on delivery. We will not leave goods unattended. If you are not present to sign for the goods an Australian post card will be left in order for you to collect the goods from your local post office.
Due to international licensing agreements we are unable to provide items ordered where we believe that an order will result in the resale of these items. In this event, we have the right to cancel this order at our discretion and will refund the order in its entirety.
Pre-release items are available exclusively online prior to in store release. All pre-release items will ship at time of purchase.
Prices shown on the website are in AUD and are inclusive of GST at the applicable rate. The AUD price of a product displayed on the website at the time the order is accepted and will be honored, except in cases of patent error.
IMPORT DUTY & TAXES
10% GST is included in the final retail price shown to customers in Australia.
15% GST is included in the final retail price shown to customers in New Zealand.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Acceptance of your order and completion of the contract between you and Nine West will be finalised when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.
We reserve the right not to accept your order if we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.
We may also refuse to process and therefore accept a transaction for any reason, or refuse service to anyone at any time at our discretion. We will not be liable to you, or any third party by reason of our withdrawing any merchandise from the website, removing or editing content on the website; refusing to process a transaction or suspending any transaction after processing has begun.
Payment can be made by Paypal, Visa, MasterCard, Afterpay or American Express. Payment will be debited and cleared from your account upon dispatch of your order by Nine West. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Nine West, we will not be liable for any delay or non-delivery.
Afterpay purchases can only be returned or exchanged through our online returns store.
We take all reasonable care to make our website secure. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure Nine West uses Secure Socket Layer (SSL) technology.
Our online ordering system is the industry standard for encryption technology – to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to ninewest.com.au. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
We will take all reasonable care to keep the details of your order and payment secure, but we cannot or will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing, or ordering from the website unless that access was made possible by our negligence.
INSURANCE AND DELIVERY
Nine West insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you, for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Nine West and transfer of responsibility in the same way.
DELIVERY DURING SALE PERIODS
Whilst we endeavor to fulfill all orders, please note some styles, sizes or colours may not be available at time of dispatch. Due to high demand an exchange for the same style may not be available.
During sale you may experience a delay in receiving your order, we apologise for any inconvenience. For any other information regarding our returns policy, go to Returns on the website.
Outside of Australia, Ninewest.com.au only ships to New Zealand. No other country is avvailable for international delivery.
Goods will be delivered in approximately 10-15 postal working days. $34.45 (inc.GST) postage and handling for deliveries outside of Australia. Upon arrival in the destination country the parcels are distributed by the local postal services. Please note that occasionally customs inspections may also delay delivery by a few days.
If your order has not been delivered within the specified times please contact Nine West online via email firstname.lastname@example.org to obtain your postal reference number. You will need to quote your tax invoice number (located on the top left side of your order confirmation email) to ensure prompt service.
You can track parcels in the following ways: (i) For orders to New Zealand - NZ Post at 0800 501 501. (ii) For orders to Australia - contact Australia Post Customer Care Centre at 13 11 18.
Postal charge does not include possible taxes and duties which may be applied by customs in the country where the order originated. The responsibility for any customs duties, foreign taxes or other fees which may be imposed will rest with the customer. To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable "merchandise". We are also prohibited by law from marking the order as a "gift", even if order is placed with the intention of sending to a gift recipient. For further information, it may be necessary to call local customs offices to gain further details.
MAIL ORDER TERMS & CONDITIONS
Mail Order Terms & Conditions operate according to the Nine West "Conditions of Purchase" with the following exceptions:
- Nine West Mail Order only accepts credit card transactions.
- Customers must pay for postage to send item/s back to mail order centre on "change of mind" purchases.
- The customer must call the Mail Order centre to advise of a return, if the shoes are unworn and returned within 14 days of the call - the customer will be able to return the goods.
- Mail Order does not accept pre-orders prior to styles being released.
- All Mail Orders will be delivered to customers within 5-10 days of the customer placing the order. Mail Order cannot guarantee delivery timeframes to customers.
- Free shipping Australia wide is available on all orders over $100. A flat rate of $10 postage and handling will be charged for any order less than $100. Postage to New Zealand is $A32.95 per transaction.
- Nine West does not accept any responsibility for duty taxes which may be incurred for mail order deliveries to New Zealand
INTELLECTUAL PROPERTY RIGHTS
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including Nine West Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Nine West and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights above, "Content" is defined as any graphics, photographs, music, video, or text on this website. Nine West Content or the server that makes it available is free of viruses. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
COPYRIGHT & NO COMMERCIAL USE
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this website. You may not use this website for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
Unless otherwise indicated, copyright in the information on this website is owned by Nine West.
All rights reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Commonwealth. Copyright Act 1968 (Cth), this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Nine West.
YOUR USE OF WEBSITE
You agree that you will be personally responsible for your use of this website and for all of your communication and activity on, and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this website on a temporary or permanent basis.
THIRD PARTY WEBSITES
We may include links on this website to other websites, or resources operated by parties other than Nine West. Nine West has not reviewed all of the websites linked to its website and is not responsible for the content or accuracy of any of these website pages. We are not responsible for the availability of such external websites, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources. Nor are we liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of, or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. These include, in Australia:
- That any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this website; and
- Certain remedies if a product is defective.
In addition to your legal rights, Nine West offers you the right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective, and other return options as set above.
COMPENSATION & LIABILITY
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this website using your Internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the website (or any Content) or from your decision to purchase item(s) from Nine West, except to the extent of our negligence or breach of the these T&C's.
You acknowledge that if you breach the T&C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C’s in any way.
You acknowledge and agree that the T&C’s together with all our policies and procedures will be governed by and construed in accordance the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.
READING DOWN & SEVERITY
If any portion of these T&C's is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance.