Terms of Sale
Please read the following terms and conditions of use carefully before using this website.
These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products we promote and sell on this Website ("Products") and the shipping of such Products. "Website" means the website located at https://www.heatleys.com.au. When you make a purchase on this Website, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. It is important that you read these Terms of Sale carefully before placing an order for Products on this Website ("Order"). If you need further information, please contact our Customer Service as indicated in our Contact Us page.
Are you a business customer or a consumer? In some areas of these terms and conditions you will have different rights depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you do not meet the above requirements then your are a business. The sections applicable to a consumer will be identified as such.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2) Who are we?
In these Terms of Sale “Heatleys”, “we”, "Heatleys" and “us” means the trader of the Products, that is the Heatleys Pty Ltd of https://www.heatleys.com.au responsible for selling to consumers in Australia.
We can be contacted as indicated in our Contact Us page, managed by our Customer Service. “You” means you the customer.
We may contact you by telephone or email or by post to the contact details you have provided to us.
3) Descriptions of Products or Prices
We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee error free descriptions and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Please note, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours. The packaging of the product may vary from that shown in images on our website.
Changes to the information about the product
We reserve the right to modify the information about Products displayed on our Website, including as regards prices, description, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email (see below). If the changes are made between your order and the Order receipt you will have the right to either accept the changes or to cancel the order and receive a full refund if the product has yet to be dispatched, or a refund on the return of the product subject to you complying with our returns process.
Changes to the product
We may change the product either before or at the time of your order :
(a)to reflect changes in relevant laws and regulatory requirements; and
(b)to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
4) How do I make a purchase on this website?
We describe here all the steps necessary to make a purchase (in legal terms, to conclude a purchase contract) on our Website.
The concluded contract will be provided to you at the end of the process and will also be accessible - but not modifiable - in the future by us.
1: Order Placement
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will select the Products on the Website, select your preferred shipping method. The Website order page should have your details, details of the product, the price, delivery option and any delivery charges or other charges and any related VAT specified. Please check the details and if you wish to proceed please click on the “CONFIRM” button. You may have to either click on a button confirming you acceptance of these terms and conditions either before or after you click the “Confirm” button. We will not accept Orders placed in any way other than as detailed above.
When purchasing garments please ensure you specify the correct size and colour in your order.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
2: Upfront payment via your selected method of payment
We accept payment via all major credit and debit cards and PayPal. For payments via Paypal you will be automatically directed to the relevant external service provider’s site to complete the payment.
3: We confirm that Products have been shipped - contract concluded
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms of Sale. No other terms and conditions shall apply save that if you are a consumer then your statutory rights will also apply.
We will allocate an order number to any accepted order. It will help us if you can tell us the order number whenever you contact us about your order.
You need to provide us with information when placing the order:
You will be required to confirm you name and address and other contact details in your order and to specify the delivery address for the product if different. You should check the details of the Product as specified on the order page to check it is correct as well as any sizes and colours. We may need additional information from you to clarify your order once it has been placed. If you do not provide us with the correct information at the time of order or when requested or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may suspend an Order
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you.
Your rights if we suspend the supply of products. We will contact you as soon as possible to tell you we will be suspending supply of the product. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We can also charge you interest on your overdue payments. You will not have a right to end the contract for non payment.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
- you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
- we discover that there was an error on our Website relating to the Products you ordered, for example as regards the price or description displayed;
- the Products you ordered are unfortunately out of stock or no longer available;
- We have reasonable grounds to believe that you intend to resell the Products.
- Your credit card or debit card company or other payment agent has refused to authorise any payment or has rejected the payment request
If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Website, we will refund you any money you may have already been charged for such Products.
5) Price and how can I pay for the Products?
The price of the product (which includes GST on www.heatleys.com.au and excludes GST on www.heatleys.com.au/trade) will be the price indicated on the order pages when you placed your order.
If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
We accept the following payment methods for purchases made on our Website.
- VISA credit/debit
- MASTERCARD credit/debit
Payment must be made Australian Dollars (AUD) as indicated on your Order before you submit it. Your Products will be supplied after your payment is cleared.
We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of Australia from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong.
If you think our invoice to you is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.
Payment by credit/debit card
If you pay by credit or debit card, you must supply your card details when you place your Order.
When you place your Order, we will contact your card issuer to request authorization to the use of your card for payment of Products. We will not accept your Order (and so we will not supply the Products to you) until your credit or debit card issuer has authorised the use of your card for payment of the Products ordered. When your credit or debit card issuer authorizes the use of your card, the necessary funds on your card are reserved until the purchase process is completed or cancelled. However, no amount is actually charged on your card until the purchase process is completed. Authorisations can remain pending 3 to 7 days even in case of cancelled orders. In such cases, no actual charges will be affected, and the funds will be eventually released. Please contact your credit/debit card issuer for more information on their specific policies regarding authorisations.
We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Website secure and to prevent frauds. All credit and debit card transactions on this Website are processed by Shopify, a secure online gateway which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details.
Payment by Paypal
If you pay by PayPal you will be asked to log in to your PayPal account with your email address and password to confirm the payment. If you do not have a PayPal account you can still pay with PayPal up to a maximum of 10 times and will be asked to enter personal data and credit card details.
6) How do I access Customer Service?
If you experienced problems or want to make a complaint regarding a Product or a purchase made on this Website, or if you need after-sale assistance, you can contact us as indicated in our Contact Us page, managed by our Customer Service.
7) Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us
You must compensate us if you break the contract. If we end the contract in the situations set out in above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries or death or fraud, or where such liability cannot be limited by law. The above provisions shall apply accordingly to our liability for futile expenses.
In any event, you shall take adequate measures to avert and reduce damages.
Please also note that we cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free guarantee for faulty goods as mentioned above, and nothing in these Terms of Sale shall exclude or limit any liability of BSA Brands UK Limited that cannot be excluded or limited pursuant to the applicable law.
9) Collection of Personal Data
10) Applicable Law