WEBSITE TERMS AND CONDITIONS

1. Permissions
   Introduction These terms and conditions (Terms) constitute an agreement between you and Faull’s Shoes Pty Ltd (ABN 73 005 418 593) and Faull’s Group, including all related companies, successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Faull’s Group or we or us). By accessing and using this website (located at www.faulls.com.au , www.buenoshoes.com.au , www.pollyshoes.com.au , www.tesselli.com.au and related URLs) (Website) and our services, including (without limitation) purchasing products and use of our contact form or dealing with Faull’s Group in any way through the Website (Services), you accept, without limitation, modification or qualification) these Terms, and agree to be legally bound by these Terms. If you do not wish to be bound by the Terms you should not access or use the Website. All of our Website terms and policies, including our Privacy Policy and Returns Policy are incorporated into these Terms. You agree to comply with all such terms and policies when accessing or using our Services. If you have any queries regarding these Terms, please contact enquiries@faullsgroup.com.au

1. Permissions
   You agree to allow Faulls Group to send you emails regarding the Services, including any information regarding or relating to Faulls Group goods and services (Products), in accordance with our Privacy Policy.
   You agree that you are responsible for your access to our Website and for ensuring that any persons who may access the Website through your internet connection are aware of and compliant with, these Terms.
   You warrant and represent to us that you have the capacity and authority to be bound by these Terms and that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others. You may place an order for Faulls Group Products by completing the appropriate order form on the Website and selecting the Products that you wish to order (Order). By placing an Order, you authorise us to recover, through your credit or debit card, or a third party providor payments due to us for such Order.
   Your order shall constitute an offer to us to purchase the Products specified in the order. Each order, Acceptance of each order and the supply of Products by Faulls Group pursuant to an order shall be governed by these Terms.
   If Faulls Group accepts the Order, we will notify you of our acceptance by email, confirm the price of the Order and notify you of the relevant identification number (Invoice Number).
   Faulls Group reserves the right to:

• accept or decline all or part of your Order for any reason, including, without limitation, the unavailability of any Products, limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, where fraud is suspected, or where there is an error in your order;
• request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
• cancel an Order at any time, for any reason; or
• restrict the quantity or total value of Products available for purchase to each person or address.

Where we exercise the rights above, we will notify you by email and suggest alternative Products, remove a Product from an order or provide a refund of the purchase price where applicable and Faulls Group shall not be liable for any loss or damage whatsoever arising from such acts.
You must quote the Invoice Number in any communications relating to such Order.

Cancellations
Please note that you cannot cancel or amend an order once it has been placed (except as permitted Australian Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Faulls Group as a direct result of the cancellation (including, but not limited to, any loss of profits).

1. Products
   Images and descriptions of Products
   All descriptions and images of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Product images may vary from the delivered Products depending on your monitor, settings and computer equipment.
   Unless otherwise stated, any additional accessories styled or shown in a product image are for display purposes only and are not included in the product price.
   Availability of Products
   All Orders are made subject to availability. Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable.
   Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you submit your order. Please note that we may need to reject your Order or reject part of your Order for this reason.
   If your Order is rejected or cancelled for this reason, we will refund in full all amounts you have paid in respect of such unavailable Products. Alternatively, we may contact you to advise you of a delay in restocking a particular Product and a delay in the estimated delivery date of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within 1 business day of notification, you are deemed to have accepted the delay in delivery.

Product recalls and bans

If any Products are subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Products and you consent to us contacting you and you agree to inform any end-user of the Products, including any gift recipient, of any product recall applicable to such Products. 

1. 
   Prices and payment
   We reserve the right to vary, amend, add or remove payment methods, prices or Products offered via the Services from time to time in our sole discretion as we see fit, without notice.
   Prices
   The prices of the Products shall be those specified by Faulls Group to you from time to time on the Website. Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing, which are calculated at check-out.
   A summary of the postage and packing charges can be found on our SHIPPING INFORMATION page. Prices on the Website may differ from those in Faulls Group stores.
   Payment
   Full payment of the purchase price is required at the time of placing your Order, this includes the purchase price plus any delivery fees. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
   Payment may be made by the methods approved by Faulls Group.
   You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

Any additional charges for customs clearance, import duties or local taxes are your sole responsibility. We do not take any responsibility for these charges and have no control over what they may be. Please note we are unable to reimburse any costs incurred in relation to those matters and do not accept any responsibility for delays as a result, regardless of the circumstances.

1. Returns and refunds
   Returns, refunds and faulty Products will be handled in accordance with our RETURNS POLICY.
2. Shipping and delivery
   Australian Orders
   You acknowledge and agree that Orders placed on the Website may only be delivered within Australia & NZ and that any Order placed on the Website with an international delivery address other than NZ may be cancelled and refunded by Faulls Group (except any costs incurred by Faulls Group associated with your Order, such as international bank or processing fees).
   Delivery
   Delivery of the Products (Delivery) is taken to occur at the time that:

• you, or your nominated courier takes possession of the Products at the address specified by Faulls Group; or
• Faulls Group (or Faulls Group nominated courier or postal service) delivers the Products to the delivery address that you have provided, even if you are not present at the address.

You must take delivery by receipt or collection of the Products whenever they are tendered for delivery.
In the event that you are unable to take delivery of the Products as arranged, then Faulls Group shall be entitled to charge a reasonable fee for redelivery and/or storage of the Products.
Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Products even if they are delivered on a different date or time. Faulls Group will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Products are not delivered within a reasonable time after the estimated date, please contact us.

1. Passing of Risk and Property
   Risk of loss or damage to, and title to, the Products shall pass to you upon Delivery of the Products.
2. Promotions and discounts
   Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer.
   Faulls Group reserves the right to:

• terminate, modify or extend any promotional offer at any time, without notice; or
• cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

1. Product Reviews Terms and Conditions
   Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Faulls Group permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Faulls Group to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Faulls Group to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Faulls Group personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

Faulls Group reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

User reviews of products in no way represent the views or opinions of Faulls Group or its owners, shareholders, employees or others, but are the sole product of its creator. Faulls Group disclaims all liability with respect to the Content.

1. Loyalty Program
   Faulls Group offers a program to its customers. Please see the Loyalty Program Terms and Conditions for more information.
2. Warranties and liability
   You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
   To the maximum extent permitted by law, Faulls Group liability under these Terms shall be limited to any one or more of the following:

• the replacement of the Products or re-supply of equivalent Products;
• the repair of such Products;
• the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
• the payment of the cost of having the Products repaired.

To the extent permitted by law, Faulls Group expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of Products under the Australian Consumer Law which cannot be excluded, restricted or modified.

1. Customer Services
   If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website please contact our customer services team:
   Faulls Group
   PH; (03) 53 312 999
   20-22 Bridge Mall, Ballarat, Victoria, Australia, 3350
   Email enquiries@faullsgroup.com.au