1. Introduction

1.1. References to “we”, “us” or “our” are references to ZIGGY SHADE, ABN 56 771 278 842, trading as ‘ZiggyShade’ and its subsidiaries, associates and officers, unless otherwise stated.

1.2. This page, together with the documents referred to on it, tells you the terms and conditions (these ‘Terms and Conditions’) on which we supply any of the products (each a ‘Product’) listed on our website www.ziggyshade.com.au (and www.ziggyshade.com) (hereinafter referred to as ‘the Website’) to you. Please read these terms and conditions carefully before ordering any Products from the Website. You should print a copy of these Terms and Conditions for future reference.

1.3. These Terms and Conditions govern the supply by us of any Product ordered by you on the Website. By agreeing to order a Product, you have read, understood, and agree to be legally bound by these Terms and Conditions.

2. About the Website
2.1. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Product’ or ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

2.2. The Website is operated by ZiggyShade. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by ZiggyShade.

2.3. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, you must cease usage of the Website, or any of the Purchase Services, immediately.

2.4. ZiggyShade reserves the right to review and change any of the Terms and Conditions by updating this page at its sole discretion. Any changes to the Terms and Conditions take immediate effect from the date of their publication. Continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.

3. Purchase of products and returns policy
3.1. In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price, including any delivery charges, listed on the Website for the Product (the ‘Purchase Price’). You must pay the purchase price in full at the time of ordering the Product.

3.2. Payment of the Purchase Price will be made through one of the following third party providers:

a) PayPal;
(the ‘Payment Gateway Providers’).

3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

3.4. Following payment of the Purchase Price being confirmed by ZiggyShade, you will be issued with a receipt to confirm that the payment has been received. ZiggyShade may record your purchase details for future use.

3.5. If you change your mind, ZiggyShade may, at their sole discretion, provide a refund on the return of the Product within 7 days where the Product packaging is unopened and remains in a saleable condition. There is a 20% restocking fee. ZiggyShade will not provide a refund on the initial shipping costs associated with shipping the Product to you in the first instance. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. If you would like to return a Product and seek a refund, please email ZiggyShade at [email protected].

3.6. We reserve the right to decline, in whole or in part, any order for Products. We may cancel an order if the Product is not available for any reason. We will notify you if this is the case and refund any payment you have made.

4. Warranty
4.1. ZiggyShade’s Products come with guarantees under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. 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’). Please refer to the Australian Consumer Law for more information.

4.2. ZiggyShade makes no express warranty or representations in relation to the Product/s.

4.3. It is your responsibility to ensure that you use the Products strictly in accordance with their advertised purpose and the instructions set out on the Website or the Product itself.

4.4. ZiggyShade warrants the performance of our Product/s for six (6) months. You may make a claim under this clause (the ‘Warranty Claim’) for material defects or fault in the Products within six (‘6’) months from the date of purchase (the ‘Warranty Period’).

4.5. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to ZiggyShade showing the date of purchase of the Products, provide a description of the Products, the price paid for the Products, and delivery details (such as tracking number). You should also specify in reasonable detail the way in which it is alleged that the Product is defective or faulty. Please include photographs where possible. Please comply with the above by sending written notice to ZiggyShade by email at [email protected].

4.6. In assessing a Warranty Claim we may require that the Product be returned to us or made available for inspection. If we find the Product:

– Has been damaged or defaced;
– Subjected to misuse, abnormal service or handling;
– Has been altered or modified in design or construction;
– Has been dealt with or used contrary to our instructions; or
– Has deteriorated through normal wear and tear,
we may at our discretion decide not to repair or replace the Product.

4.7. Where the Warranty Claim is accepted then ZiggyShade will, at its 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.

4.8. The Warranty shall be the sole and exclusive warranty granted by ZiggyShade and shall be the sole and exclusive remedy available to you (in addition to other rights under the Australian Consumer Law).

4.9. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

4.10. The Warranty does not apply to any appearance of the supplied Products. You acknowledge that the colour of the Product may vary slightly from the images contained on the Website and that this does not amount to a fault of the product.

5. Delivery
5.1. You acknowledge that the Purchase Services offered by ZiggyShade integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).

5.2. In providing the Purchase Services, ZiggyShade may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that ZiggyShade is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

5.3. In the event that an item is lost or damaged in the course of the Delivery Services, ZiggyShade asks that you contact us immediately by sending an email to [email protected]. We will attempt to rectify the loss or damage with the Delivery Service Provider and will provide a replacement or refund to you if required. Where relevant, please also advise us 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 Delivery Services.

5.4. ZiggyShade aims to deliver the product within the time estimated by us at the time of purchase. However, we cannot guarantee an exact date or time when the Product will be delivered. Any estimation of delivery time or date shall not form part of the contract. We will aim to let you know if we are unable to deliver the Product within the estimated time but we will not be liable to you for any losses, liabilities, costs, expenses, charges or damages arising out of a late delivery.

5.5. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when using the Purchase Services and arrange for cancellation of the purchase, or delivery to an alternative delivery address.

6. Copyright and intellectual property
6.1. The Website, the Purchase Services and all of the related products of ZiggyShade 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 Website content and compilation of the Website (including text, graphics, logos, button icons, images, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by ZiggyShade or its contributors.

6.2. ZiggyShade 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:
6.2.1. The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of ZiggyShade; or
6.2.2. The right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
6.2.3. A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

6.3. You may not, without the prior written permission of ZiggyShade 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 for any purpose. This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain.

7. Privacy
7.1. ZiggyShade takes your privacy seriously. Any information provided through your use of the Website and/or the Purchase Services is protected in accordance with Australian privacy legislation.

8. General disclaimer
8.1. You acknowledge that ZiggyShade does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms and Conditions.

8.2. ZiggyShade will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

8.3. Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.4. Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.

8.5. Subject to this clause, and to the extent permitted by law, ZiggyShade we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms and Conditions (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.6. Use of the Website, the Purchase Services, the Delivery Services, and any of the Products of ZiggyShade, is at your own risk. Everything on Website, the Purchase Services, and the Products of ZiggyShade, 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 ZiggyShade (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 (including the products or Purchase Services of ZiggyShade) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
– Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
– The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related to products (including third party material and advertisements on the Website);
– Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
– The Content or operation in respect to links which are provided for the User’s convenience;
– Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
– Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9. Limitation of Liability
9.1. ZiggyShade disclaims any liability for any injury, loss, damage or adverse affect claimed by any user or person associated with the use of any Product/s supplied by ZiggyShade.

9.2. In any event, ZiggyShade’s total liability arising out of or in connection with the Purchase Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, for any defect in the Product/s, supply of the Product/s, or use of the Product/s (or misuse) 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 ZiggyShade is the resupply of information or Purchase Services to you.

9.3. You expressly understand and agree that ZiggyShade, 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, however caused and under any theory of liability. 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.

9.4. ZiggyShade is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of ZiggyShade, by third parties or by any of the Purchase Services offered by ZiggyShade.

9.5. You acknowledge that ZiggyShade does not provide the Delivery Services to you and you agree that ZiggyShade 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.