1. About the Website
1.1. Welcome to brezy.com (the 'Website'). The Website provides you with an opportunity to purchase various products that have been listed for sale through the Website (the 'Products') and is run by Brezy Online (‘We’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Brezy Online (ABN 83135897148). Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website/Services immediately.
1.3. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend that you keep a copy of the Terms for your records and review the Terms regularly.
2. Acceptance of the Terms
You accept the Terms by using the Website.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must register as a user or guest of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- First and Last Name
- Email address
- Mailing and/or Billing address
- Telephone number
3.2. You warrant that any information you give to Us in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Customer') and agree to be bound by the Terms.
3.4. We at our sole discretion may not accept your use of the Website even after registering as a Customer.
4. Your obligations as a Customer
4.1. As a Customer, you agree to comply with:
You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services. We cannot be held liable if your password and/or email address is used outside of your authority to make a purchase due to circumstances outside of our control
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited and non-transferable.
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that appropriate legal action will be taken by Us for any illegal or unauthorised use of the Website;
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited;
- you will not upload images or submit text of content that most users would find to be offensive, upsetting, or inappropriate. We may remove any content at our discretion.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price will be by our accepted payment methods only listed under ‘Payment Policy’ on this website.
5.3 On any default or breach of these Terms by the Customer, we may inter alia terminate any contract, retain all monies paid, cease further deliveries of goods and/or provision of services, recover all lost profits and/or at our discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party.
5.4 The Customer agrees not to commence or continue or permit to be commenced or continued through it any suit or action against Brezy Online while the Customer is in default under any part of these Terms or in any of its dealings with Brezy Online.
5.5 The Customer agrees to indemnify Brezy Online for all fees and expenses incurred by us and payable to its solicitors and other parties acting on behalf of us (including all legal costs on an indemnity basis).
6.1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the ' Warranty Claim ') for material defects and workmanship in the Products within 30 days from the date of purchase (the ' Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide clear proof of purchase to us that shows the date of purchase of the Products by sending written notice to us.
6.4. Where the Warranty Claim is accepted we will, at our sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by us and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below, including on any supplied Products where the exterior or interior of which has been damaged/defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
6.8. Any natural marks on garments, i.e. e.g. Some products, specifically those made of plastic & leather, will have naturally occurring scratches, scuff marks and blemishes from the manufacturing process which are considered normal and acceptable.
6.9 Unless stated otherwise, the warranties on Products are limited to them being in good working order on delivery to the Customer. Where a warranty exists over a period of time (for example, 3 months), this will be clearly stated in the description of the Product on brezy.com
7.1. You acknowledge that the Purchase Services offered by us integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
7.2. In providing the Purchase Services, we may provide you with a variety of delivery options. You acknowledge and agree that we are not the provider of these delivery options.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, we ask that you contact us as soon as possible outlining in what way the Products were damaged in transit, so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Brezy Online are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Brezy Online or its contributors.
8.2. Brezy Online retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you.
8.3. You may not, without the prior written permission of Brezy Online and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.
10. General Disclaimer
10.1. You acknowledge that Brezy Online does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. We will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and final forms may differ from what is displayed on the Website.
10.3. Use of the Website, the Purchase Services, and any of the products of Brezy Online (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Brezy Online, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Brezy Online (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services referred to on the Website.
11. Limitation of Liability
11.1. Our total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of us is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Brezy Online, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. You acknowledge that Brezy Online does not provide the Delivery Services to you and you agree that we will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by us as set out below.
12.2. If you want to terminate the Terms, you may do so by notifying us in writing at any time. All existing Purchases from us will be completed prior to termination taking effect.
12.3. Brezy Online may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- we are required to do so by law;
- the partner with whom we offered the Purchase Services to you has terminated its relationship with Brezy Online or ceased to offer the Purchase Services to you;
- we are no longer able to provide the Products to you.
- By convenience if we chose fit.
12.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Brezy Online have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Brezy Online, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
14. Dispute Resolution
14.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal/Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation
- The mediation will be held in Victoria, Australia.
14.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Use of the Website
15.1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or
- use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
15.2. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
16. Social Media and Content
- You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material is the sole responsibility of the person from whom such content originated.
- You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. By using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
- We reserve the right, at our absolute discretion, to screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
- You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
17. Transfer and Assignment
We shall be entitled to Transfer or Assign any of our rights to a third party without notifying you.
18. Venue and Jurisdiction
The Purchase Services offered by Brezy Online is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
19. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.