All purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our discretion.
Use of Website:
a) This service is provided to you personally. When using this service you must not resell the service to another person or make any commercial use out of the service.
b) Without limiting any other remedies available to us, we may suspend or terminate your use of the service if we become aware or reasonably suspect that you may have engaged in a breach of this User’s Agreement in connect with this site or any fraudulent activity at all.
Maintenence & Site Integrity.
a) You may not take any action that might interfere with the operation of the service and must not use any device or software to interfere or attempt to interfere with the proper working of the site.
b)You are soley responsible for your transmissions throughout the service. We reserve the right to determine whether or not your conduct is consistent with the User’s Agreement and we may enforce good practice for the site where necessary.
c) You must ensure your transmissions are true, accurate and complete.
Do not infringe any other persons rights or privacy, including without restriction intellectual property rights.
Are not contrary to any applicable law or code of practice.
Are not defamatory, threatening or constitute harassment.
Are not false or misleading in any way;
Are not obscene or objectionable and do not contain any virus, Trojan or other computer program that may damage or interfere with any data, personal information or system of Samantha Farrugia (Designs).
(Your Rights and Obligations)
a) You must carefully read all Product Information in relation to any times you purchase on this site (samanthafarrugia.com.au).
b) It is your responsibility to read the Product Information relating to any item listed for sale on this Site. Please do not rely upon the title summary or any photographs of any item solely as a complete description of an item.
c) Samantha Farrugia (Designs) seeks out quality garments and fine materials. In the rare case where some people are allergic or experience an allergic reaction to certain types of fabrics and dyes. It is your obligation to raise any allergies you may have with us prior to purchasing an item.
d) Any description or photograph of any item does not in any way offer any opinion as to the suitability of an item for your needs nor does it replace an assessment of such suitability in your personal circumstances. Please use any photograph or graphical representation as a guide only.
e) Please make sure you understand both the terms of delivery and payment and your obligations under these additional terms and conditions.
You acknowledge that a delivery fee will be charged when purchasing an item from this site.
(Our Rights and Obligations)
We may refuse you the right to access your account and use the service if you:
a) Do not pay for an item.
b) Give information which is inaccurate, incomplete or untrue or otherwise you refuse to accept delivery of a purchased item: and/or
c) Have engaged in any fraudulent conduct on the site in which circumstance you will be permanently barred from the service.
d) We wholly reserve the right to suspend, cancel or terminate your access to the service if your breach or fail to observe the terms and conditions.
e) We further reserve the right to suspend your access to the service at our discretion acting reasonably at all times.
f) If we suspend your access to the service, we may prevent you from registering from the site in the future for a new account.
g) We reserve the rig to refer any fraudulent conduct by you on the site in using the service or in accessing your account or in buying any item to the police and your ISP. You acknowledge that it is illegal to buy products using false details and/or under a false name and credit card and we reserve all our rights against you if you breach the law in this regard or the terms and conditions without limitation the likelihood that you will be pursued for any losses suffered by any person arising out of any illegal action.
Liability and Indemnities
(Our liability generally)
a) We do not provide any express or implied warranty or condition concerning the sites capability or capacity in providing the site and service to you which are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis.
b) We do not guarantee continuous, secure or uninterrupted access to the service of your account and you acknowledge that certain aspects of the provision of the service to you are out of our control. Such factors may cause the operation of the site to be restricted including where maintenance or other services to the site, the service and your account are required.
c) You acknowledge that the use of the internet can at times be unpredictable and in some cases insecure and that at times our service to you and your account may not be available and our site and any transmissions may not be free of error or other harmful components.
d) Any links to external websites are provided for your convenience only and are in no way a representation as to their suitability, usability, accuracy, availability, or safety nor an endorsement by Samantha Farrugia (Designs) of the external website. Samantha Farrugia Designs will not be liable under any circumstances for any loss or damage suffered by you when visiting an external website through a link on the site or otherwise including but not limited to loss and damage caused by any virus or other harmful component.
e) In relation the delivery of the site, the service, your account and the sale of any product to you, you acknowledge that neither Samantha Farrugia (Designs) nor its suppliers, will be liable to you for any consequential loss including any lost profit, special, incidental or consequential damages including negligence.
f) Samantha Farrugia (Designs) exclude to the maximum extent permitted by law any liability for any loss or damage incurred by you due to an allergic reaction suffered as a result of your use of any item or the use of that item by anyone else.
Limitation of our Liability – Sale of Goods
a) We will endeavour at all times to ensure that any items sold to you accurately correspond to any descriptions given in the Product information and additionally have a clear title. Availability of the item will depend on whether we have the piece in stock. We will do our best to let you know whether we have the item in stock before your purchase. In the case the item is not in stock and payment has been made, we will gladly refund the cost to you.
b) Subject to paragraph c) below, to the extent permitted by law, all express or implied conditions or warranties in connection with the service, the site and the sale of any goods are excluded.
c) However,we acknowledge certain liability pursuant to any warranty or condition, implied or otherwise, cannot be excluded by law. In those circumstance, we limit our liability to the following:
The replacement of the goods or the resupply of the service;
The supply of equivalent goods or the payment of the costs of having the service supplied to you again;or Making a full refund to you for any amounts paid by you to us.
a) You shall at all times indemnify and hold harmless Samantha Farrugia (Designs) and any of its past, present and future officers, directors, employees, and agents from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
Any breach by you or any term or conditions of these Terms and Conditions (and User Agreement).
Any negligent act or omission by you or any of your officer, directors, employees, agents and sub-contractors in performing or omitting to perform the obligations under these terms and conditions and (user’s agreement) and any loss or damage suffered by a third party in connection with any act or omission of you or your officers, directors, employees, agents and sub-contractors in relation to your choosing to enter into this User Agreement or the performance of your obligations pursuant to these terms and conditions and (User’s Agreement).
Delivery, Risk and Title
a) Delivery terms are set out on the Product Information page and discussed briefly above.
b) If an item you purchase is to be delivered by Samantha Farrugia (Designs) to a place nominated by you, the risk in such item will pass to you:
– when it is delivered; or
– if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery). when we or our carrier first attempt to deliver the item.
– Title in any item will not pass to you when we receive the Invoice amount in cleared funds. If title is passed, that will not affect our rights to terminate a sale pursuant to this User’s Agreement.
Copyright and Intellectual Property
a) The site including all content, text, graphics, icons, images, audio, data, software and any other content contained in this site is the property of Samantha Farrugia (Designs) or its suppliers (unless otherwise stated) and is expressly protected by copyright and trademark laws in Australia and Internationally.
b) All garment designs & textile prints are the exclusive property of Samantha Farrugia (Designs) and are under and protected by copyright laws in Australia and Internationally 2011 onwards.
c) The compilation of all content on the site is exclusive property of Samantha Farrugia (Designs) and protected by copyright laws within Australia and Internationally.
d) All software used on this site is the property of Samantha Farrugia (Designs) or its suppliers and is protected by copyright laws within Australia and Internationally.