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Terms and Conditions

 

IMPORTANT LEGAL NOTICE

This page (together with the documents referred to on it) tells You the terms and conditions on which We sell any of the products (Products) listed on our website www.forzaitalia.com.au (our site) to You. Please read these terms and conditions carefully before ordering any Products from our site.

You should print a copy of these terms and conditions for future reference.

Using this Website indicates that You accept these terms and conditions together with our Privacy Policy, regardless of whether or not You choose to register with us. If You do not accept these terms and conditions, do not use this Website.

About us

www.forzaitalia.com.au is a site operated by FORZA ITALIA (MELBOURNE) PTY LTD (“We, Us, Our”). We are registered under company number (A.C.N) 139 518 102 and with our registered office at 204 Lygon Street, Carlton VIC 3053 Australia.

Effect

These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When You submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).

These Terms and Conditions shall prevail over any separate terms put forward by You. Any conditions that You submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.

Registration for the Service

If You would like to submit an order to the Website to purchase one of the products listed on the Website, You will need to register for an account on the Website (an “Account”) which You will be able to access on the Website through the “My Account” part of the Website. To register You need to supply us with your name and email address.

Once You register with the Website, You will be asked to create a password to your Account. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or your Account or any breach of security known to You. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that You are entirely responsible if you do not maintain the confidentiality of your password.

You must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to You. Any Accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require You to validate Accounts at registration or if we believe you have been using an invalid email address.

When You register for an Account, and whenever You log on to your Account thereafter, You have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers etc). You are able to unsubscribe from such information emails at any time by logging in to your Account.

Although we save the information relating to any order that you submit to the Website to purchase one of the products listed on the Website, you will be unable to directly retrieve this information for security reasons. You may access this information by logging in to your Account. You will be able to view information relating to your completed, open or recently dispatched orders and manage and save your address information, and any newsletter to which You may have subscribed.

Outbound links

The Site may contain hyperlinks to sites operated by third parties (including social media sites) (Linked Sites). Access to Linked Sites is provided for convenience only and You are responsible for deciding whether You want to use a Linked Site. You access these sites and use or buy their products and services solely at your own risk.

When You access and use Linked Sites, You are subject to their terms and conditions of use. Forza Italia does not control or endorse and are not responsible for any features, content, Products or other materials on or available from a Linked Site. Any rights, claims or actions You may have in respect of a Linked Site can only be brought directly against the owners or operators of the Linked Site.

Payment

You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order.

Any payments are made through www.securepay.com.au (“SecurePay”) and their privacy policy is available at http://www.securepay.com.au/contact-us/privacy-policy/. We do not collect any information concerning your credit cards or bank account details as all payments are processed by SecurePay.

Alternatively, You may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.

All prices listed on the Site are in Australian dollars ($) unless specified otherwise and Products are payable in Australian dollars ($) only, including any applicable taxes. If your payment cannot be successfully processed forzaitalia.com.au may contact You or we may cancel your order.

Delivery

Products that are currently in stock are normally dispatched within 24-48 hours. In the event that a product has been overlooked, and is currently out of stock, You will be notified within 2 business days.

If your order cannot be fulfilled You will be offered an alternative for the unavailable product(s).

It will be your responsibility to inform us immediately of any damage to delivered goods. Details must be recorded on the delivery documentation, and we must be notified no later than 24 hours after delivery. It is imperative that You do not dispose of any of the packaging as this will be required to effect your claim against the carrier.

We shall accept no liability for shortages, non deliveries, incorrect goods or damaged on delivery outside the stated time scales.

You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

All items arranged for Store Pick Up must be collected within 7 days.

Shipping

Free Shipping is available for all orders processed over $150 and is restricted to Australia only.
*Weight limit applies of 3kg/items marked* are excluded 

Shipping Rates

Registered Mail $15 7 Business Days Tracking number and insured up to $100
Express Post Platinum $20 Next Day Delivery Tracking number, Signature required

*These timeframes are guidelines only, and based on reasonable expectation and experience. We are not liable for any loss or damage (including but not limited to consequential loss) resulting from a failure to deliver in accordance with these timetables. For further info visit http://auspost.com.au/parcels-mail/which-service.html

*If a product is excluded from standard postage charges,it will state it in the product description. These products will be quoted based on destination.

International

We are currently working on an automated international postage price calculator however in the meantime you will need to email us at info@forzaitalia.com.au with your location and product order to receive a postage charge based on your location.

Returns Policy

You may return any order made by You via Our website at any time within 7 days of receipt by You of the Goods. Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled addressed to Forza Italia.

We recommend that You use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.

Goods can only be returned for exchange or store credit if unused, complete and in the original packaging.

Items must be returned at your own cost. We regret that Forza Italia cannot refund the cost of postage (this includes the original delivery cost and return postage).

DO NOT cut off tags before trying on items as we cannot accept items that have had tags cut off or re-attached by customers. We also ask that You do not try on clothing if you are wearing perfume and that You store items that You intend to return us in a safe place away from cigarette smoke / cooking smells as we cannot accept items that are returned to us with an odour.

PLEASE NOTE: GOODS PURCHASED ONLINE CANNOT BE REFUNDED IN STORE AND GOODS PURCHASED IN STORES CANNOT BE REFUNDED ONLINE.


7-DAY MONEY BACK GUARANTEE - ONLY AVAILABLE FOR ONLINE PURCHASES

Forza Italia carefully select all of our products! That’s why we offer a 7-day Money Back Guarantee. If for any reason a Forza Italia customer is not satisfied with their purchase, they can contact us within 7 days of receiving their order, and organise to return the product and receive a refund of the purchase price excluding the associated Delivery Cost (If free shipping was provided, the refund will be less standard postage charges $15 for standard postage and $20 for express), subject to the terms and conditions as listed below:

a) In order to organise a refund under these terms and conditions, the customer must notify Forza Italia via email (info@forzaitalia.com.au) or via telephone +61 (3) 9654 6660 within 7 days of receiving their order and request a refund under these terms and conditions. The customer must comply with the directions of Forza Italia staff in order to facilitate a refund.

b) Where a customer requests a refund in accordance with these terms and conditions, the refund will be for the amount of the purchase price excluding the Delivery Cost as specified in the customer's Order.

c) The 7 Day period will commence on the date that the customer accepts delivery of their order. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.

d) The purchased product must be returned within 7 days of requesting a refund under these terms and conditions.

e) Returned products must be returned in accordance with the Refunds and returns section of the Forza Italia Website Terms and Conditions. This includes being returned in the original packaging, with all accessories and in re-saleable condition.

f) Customers must return the products for which they are seeking a refund at their own cost. If they are unable to find a way to return the products, Forza Italia may organise a courier to pick up the products from the customer. Where Forza Italia organises a courier to pick up the products, the customer will be charged the same amount as the Delivery Cost listed in their Order to cover the cost of returning the products. Where items were ordered under "Free Shipping" promotions, the return delivery charge will be equal to the current website delivery rates.

g) After receiving the returned products, Forza Italia will issue a refund as soon as is reasonably practicable and the customer will be provided with e-mail acknowledgement. Where possible, refunds will be processed by reversing the initial customer transaction. Forza Italia accepts no responsibility for any delays that may occur in receiving the refund as a result of any third-party payment gateway.

h) Forza Italia reserves the right to make changes to these 7 Day Money Back Guarantee Terms and Conditions without notice.

How To Return An Item

Your item must be in its original unused condition to be returned, unless there is a manufacturer defect. You must return the item within 7 days of your purchase.

Ship your returned item to:

Forza Italia
204 Lygon Street
Carlton
VIC 3053
Australia

Return Exceptions

Merchandise that has been used, or altered will not be accepted for exchange or store credit.

Restocking Fee

All items are subject to a 20% restocking fee if cancelled before dispatch. We do not refund the original shipping and handling that You paid on the order.

Exchanges

If your item is in like new condition, You may exchange it for any other product of equal or greater value. The full value of the returned item will be applied to the new item and You will be responsible for the balance. You will not be subject to a restocking fee in this case, but You will have to pay return shipping.

Cancellation

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and offer an alternative.

Faulty Products

In relation to faulty Goods:

We will contact the relevant manufacturer who will inspect the item and at their discretion, they will refund, replace or return the item to You (We will return the item if We feel there is no manufacturing fault). If the manufacturer determines the item is faulty, then We will reimburse reasonable costs that were incurred when the item was returned (upon production of valid receipts).

We accept no responsibility for Goods not received or damaged in transit.

We warrant that:

The Product will be delivered undamaged in the quantities ordered; and Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.

We try very hard to deliver Products in excellent condition. However, if You tell us that the Product is faulty, You agree to keep the Product in its current condition available for us or the manufacturer to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

a) You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and

b) You providing us with the delivery note number and such other information as we reasonably require.

Loyalty Points

The Members Loyalty Points Scheme is open to all consumers, who purchase Goods via Our website or in store and all Goods on Our website/in store qualify for award or redemption of Loyalty Points unless otherwise stated. For the avoidance of doubt, Loyalty Points may not be redeemed against delivery charges or insurance or any other amounts owed by You to Us. Any Items excluded from the loyalty program will be noted in the product description page of the item.  

One Loyalty Point will be awarded for every complete $1 You spend on Goods purchased via Our website or in store. $1 spent = 1 point, 500 points = $50 store credit. Any Items excluded from the loyalty program will be noted in the product description page of the item.  

We reserve the right at Our discretion from time to time to alter the terms under which You may collect and redeem Loyalty Points, and to withdraw the Loyalty Points Scheme without notice.

There is no cash return value for any Loyalty Point.

Loyalty Points are not transferable and will cease to be valid if You close your account or We withdraw the Loyalty Points Scheme, in which case they may not be subsequently redeemed.

We may refuse to redeem or award any Loyalty Points if We deem in Our sole discretion that the Loyalty Points Scheme is being misused, or if You are in breach of any of these Conditions.

Lay-By Terms & Conditions

Available ONLY IN STORE not for use ONLINE

Available on purchases of $50 or more excluding sale items.

A deposit to the value of 20% of the total purchase price is required to begin a lay-by.

Payments are to be made fortnightly.

Lay-bys should not exceed an 8 week period.

Failure to complete payments in the specified time makes the goods and the 20% deposit liable for forfeiture.

A lay-by can be cancelled within the 4 week period however the 20% deposit is payable as a cancellation fee.

Lay-by parcels cannot be broken or transferred without the 20% deposit being paid as a cancellation fee.

Lay-by items cannot be exchanged or refunded after the lay-by has been finalised and collected.

Limitation of Liability

This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or

b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

Nothing in these Terms and Conditions shall exclude or limit:

a) our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or by applicable law; or
b) your statutory rights as a consumer.

In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.

We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and

You should not rely on any information accessed using the Site to make a purchasing decision – You should make your own enquiries before forming your own opinion and taking any action based on any such information

We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.

In these Terms and Conditions:
a) “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and
b) “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

General

No failure or delay by us or You in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

Amendment to the General Business Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

Trade Marks

The Forza Italia names and logos and all related names, design marks and slogans are the trade marks or service marks of us or our licensors.

Information about you and your visits to the Website

We process information about You in accordance with our Privacy Policy. By using the Website, You consent to such processing and You warrant that all data provided by You is accurate.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.