1. INTRODUCTION
Your purchase of any of the products, offered on this Site (respectively Products) is subject to these Terms of Supply and by placing an order for any Product you agree to be bound by them. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
In respect of any orders that are placed by telephone, by correspondence or in person, our standard terms applicable to such ordering methods in force from time to time will apply to those orders (and only to those orders) and not these Terms of Supply.
We reserve the right to change these Terms of Supply from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These Terms of Supply were last updated on 14th February 2020.
2. SUPPLIER OF PRODUCTS AND SERVICES
Unless otherwise stated on the Site, the supplier of any Products you order is capandgown.au, whose company details are set out in our Website Terms of Use.
3. PRODUCT INFORMATION
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require or have special requirements (for example an extra-small outfit), we recommend that you Contact us prior to placing an order, and we will do our best to try to help you.
5. ORDERING AND AVAILABILITY
Products may be ordered on the site, via email or calling us.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes only an offer to buy from us (as the case may be). All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order.
All stock is subject to availability.
If, for any reason, we are unable to accept your order (for instance, because of insufficient stock or a Product has been discontinued), we will notify you by email.
Where we accept your order for purchased Products, we will be under a legal duty to supply you with goods that are in conformity with the contract that arises from that order.
6. CHANGES TO ORDERS
If you wish to change your order, you should Contact us as soon as possible, and we will do our best to try to help you, but please note that, due to availability and other constraints we may not always be able to accommodate changes and we reserve the right to charge you an administration fee (which we will notify to you) if we do so. Requests for exchanges cannot be considered beyond 14 days after your order is delivered.
If you are resident overseas, you are responsible for liaising with customs authorities to ensure that any Products returned to us for exchange (where we agree to this) are returned under the appropriate duty relief so as to ensure that any exchanged items despatched by us do not attract further duty charges.
Nothing in this section affects your right to cancel your order within the Cooling-off period.
7. DELIVERY
Purchased Products will be delivered to the delivery address you specify in your order.
Products comprised within the same order cannot be delivered to different addresses. Orders cannot always be delivered to PO Box or similar addresses.
Deliveries are made by courier and take place on Monday to Friday, excluding public holidays, usually within the hours of 8am and 6pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
It would be helpful if you would provide an address where someone will be in during the working day (for example, a work address). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of an order that needs to be signed for. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were not in.
Products ordered will be at your risk from the time of delivery. Ownership of purchased Products will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
8. PRICING & PAYMENT INFORMATION
Can I receive an FOB or DDP (delivered) price/quote?
– Yes. Usually the prices we offer our customers are FOB. We can also give you a delivered price but we will need a desired delivery address and the quantity of the order so we can give a more accurate price.
What are our payment terms?
– We accept both Letter Credit (L/C) and Bank Transfer (TT) as a method of payment. We can also accept PayPal for sample fees or small orders. For T/T payments, we require a 50% deposit of the full invoiced amount of your order, which should be in order for us to start production; and the remaining balance must be paid after we have finished your production but before your order has shipped.
9. FAULTY PRODUCTS
If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was damaged, defective or faulty, you should Contact us as soon as possible, giving us your name, address and order reference and details of the problem.
Nothing in this section affects your legal rights.
14. OUR LIABILITY
Nothing in these Terms of Supply shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any statutorily-implied term as to ownership of the Products; or
for any other liability that may not, under Chinese law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer shall not exceed the price payable for the purchase or hire of the relevant Products (as the case may be) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.