Terms & Conditions

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
  • PAYPAL

    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.

 

8) Liability 

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 

By placing your Order, you agree that we may store, process and use your personal data for the purposes of processing your Order. We will process your information in accordance with our Privacy Policy

 

10) Applicable Law 

These Terms of Sale are governed in all respects by the laws of Australia. As such, the laws of Australia, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions. The Courts of Australia shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Site and/or in any way related to the use of the Site or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users and where you are a consumer then you shall be entitled to bring proceedings in the country of your residence.


Website Terms of Use 

Use of Site

Thank you for visiting the www.heatleys.com.au website ("Website" or “Site”).

 

The use of the Website, which is owned by Heatleys Sales Pty Ltd ABN 78 009 260 821 ("Heatleys"), is subject to the following terms and conditions (“Terms”). Heatleys may revise these terms at its sole discretion by updating this section, with the revised terms taking effect for all users as of the date stated on the section. By using the Website you accept these user terms and conditions. Please do not use the Website if you do not wish to be bound by these user terms and conditions.

 

Please read these terms carefully before using the site and, if you decide to provide your personal data to Heatleys, also read carefully the Privacy Policy regarding the collecting and processing of your information and personal data by Heatleys. 

 

If you purchase goods from us or request services  via the website such activities will be covered by and subject to additional terms and conditions which will be posted on this website.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Customer Registration and Accounts 

To access specific functionalities of the Site (for example to review your order history, or obtain a receipt), you are required to register and open a personal account (“Account”). You will be responsible for all the activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. Heatleys shall not be liable for any loss or damage incurred by you due to your failure to comply with these obligations. Heatleys may terminate or suspend your Account, at any time and without prior notice if: (i) Heatleys believes that you are using your Account in breach of these Terms of Use, (ii) Heatleys believes that a third party is using your Account without your consent, or (iii) for reasonable security or maintenance purposes. You can cancel your Account at any time by contacting Customer Service through our Contact Us page.

 

Processing of Your Personal Data

In order to enable you to access the functionalities of the Site, including areas for registered users or newsletter subscription, we may ask you to provide certain personal data. The processing activities we carry out on such data are described in our Privacy Policy and are necessary in order to provide you with the goods and or services you have requested form us.

 

Uploading of User Generated Content 

The Website may include areas which enable users to upload user-generated content ("UGC"), for example you could be enabled to upload photographs or to post comments. In relation to such UGC, Heatleys is a mere hosting provider and does not assume any responsibility or liability on the content itself.

 

You must only provide UGC which is accurate (where it states facts), be genuinely held (where it states opinions) and must in all respects comply with the law in Australia and any other country from which it is posted.

 

You must not provide any UGC which is illegal, defamatory, obscene, indecent, libellous, which fosters racial, ethnic, sexual discrimination or hatred or which infringes any third-party intellectual property, confidentiality, or personal data protection rights. You must not provide any UGC which contains any personal data of minors, including pictures of minors, or any third party with out the third party’s consent. You must not post any UGC or any other post on the Website which

 

  • is designed to promote sexually explicit material or
  • infringes any copyright, database right or trade mark of any person; or
  • Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • Promotes any illegal content or activity.
  • is in contempt of court.
  • Impersonates any person or misrepresent your identity or affiliation with any person.
  • Contains any advertising or promote any services or web links to other sites
     

You must own all rights in the UGC or have all necessary licenses consents and full authority to post any UGC. Heatleys reserves the right to remove from the Site any UGC which, at its sole discretion, do not meet the above requirements. In case such UGC are removed from the Site, the Account of the relevant uploader may be suspended or terminated and details of the content and the person who uploaded the content may be passed onto the appropriate  authorities for investigation and prosecution or action.

 

General User Requirements

You may use our site only for lawful purposes. You may not use our site:

 

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards referred to above.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

 

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Ownership and use of Content on this Website

The information on this Site, along with any materials incorporated herein is the copyrighted work of Heatleys. ALL RIGHTS ARE RESERVED.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

All registered names and trademarks in this Site are registered trademarks of Heatleys Sales Pty Ltd or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither Heatleys Sales Pty Ltd nor its affiliate brands, or any of its suppliers or licensees grant any express or implied right to anyone for any patents, copyrights, or trademarks. ALL RIGHTS ARE RESERVED.

 

You must not use any of our trademarks or the names Heatleys or Heatleys Sales Pty Ltd:

 

  • in or as the whole or part of your own trademarks or business name or company name
  • in connection with activities, products or services which are not ours
  • in a manner which may be confusing, misleading or deceptive
  • in a manner that disparages us or our information, products or services (including this website).

 You must not authorise or assist any person in any of the acts specified above.

 

Liabilty

We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our Site.

 

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.

 

THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, BISLEY SALES PTY LTD, ITS AFFILIATE BSA BRANDS, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR EXAMPLE, WE CANNOT GUARANTEE THAT THE APPEARANCE AND COLOURS OF OUR PRODUCTS DESCRIBED ON THE SITE, AS SHOWN ON YOUR MONITOR, WILL CORRESPOND TO THE ACTUAL APPEARANCE OF PRODUCTS AS AVAILABLE IN A PHYSICAL OR ONLINE STORE.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HEATLEYS SALES PTY LTD AND ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

 

THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES WHICH ARE PROVIDED AS A CONVENIENCE TO HEATLEYS USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF HEATLEYS SALES PTY LTD ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND HEATLEYS DOES NOT PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. HEATLEYS DOES NOT MONITOR OR REVIEW THE CONTENT OF SUCH THIRD PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.

 

NOTWITHSTANDING ANY OF THE PROVISIONS SET OUT ABOVE WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

 

IF YOU ARE USING THIS SITE AS A CONSUMER THEN NOTHING IN THESE USER TERMS AND CONDITIONS AFFECTS, LIMITS OR EXCLUDES ANY APPLICABLE STATUTORY RIGHTS OF A CONSUMER.

 

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

 

Applicable Law and Jurisdiction

Your use of this site shall be governed in all respects by the laws of Australia. As such, the laws of Australia, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions. The Courts of Australia shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Site and/or in any way related to the use of the Site or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users or where you are a consumer then you shall be entitled to bring proceedings in the country of your residence.