Terms and Conditions
- This webpage, together with the documents referred to on it, outline the terms and conditions (Terms and Conditions) that Gioia Casa Pty. Ltd. ABN 57 601 250 855 (Gioia Casa Pty. Ltd.) will supply any of the products (Product) listed on our website www.gioiacasa.com.au (Site) to Customers. Please read these Terms and Conditions carefully before ordering any Products from the Site.
1.1. By placing an Order using the Site, the Customer agrees to be bound by the following Terms and Conditions.
1.2. To place an Order, the Customer must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Gioia Casa.
Acknowledgement means our email acknowledgement to the Customer that an Order has been received.
ACL means The Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Additional Charges means taxes, duties, excises and such other costs imposed on the import and export of any Product;
Australian Privacy Principals, Credit Provider, Credit Reporting Body, Personal Information and Sensitive Information have the meaning prescribed to them in the Privacy Act 1988 (Cth).
Consequential Loss means loss of revenue, profits or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages.
Consumer has the meaning prescribed to it in the ACL.
Confirmation Email means our email to the Customer, in which Gioia Casa accepts the Customer’s Order and confirms that payment has been made in accordance with clause 7.
Customer means an individual who places an Order.
GST has the meaning prescribed to it in the A New Tax System (Goods and Services and Services Tax) Act 1999 (Cth) (as amended).
Intellectual Property Rights means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests.
Law means any relevant federal, state or local statute, ordinance, rule, regulation or standard, and includes the ACL, as amended from time to time.
Order means an order submitted using the Site by the Customer for the supply of Products.
Promotional Code means a code given to a Customer to access promotions & discounts through the Site.
Price means the price inclusive of GST for the Product the subject of an Order as advertised on the Site.
Shipping means the price inclusive of GST for shipping any Products as advertised on the Site.
3. PURPOSE & APPLICATION
3.1. These Terms and Conditions apply to, and are expressly incorporated into, any Order for the supply any Product by Gioia Casa to the Customer.
3.2. These Terms and Conditions are governed by & construed in accordance with the laws of Victoria, Australia.
3.3. Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law. If any provision of these Terms and Conditions is invalid under any Law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect, then it is to be severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to have full force and effect.
4.1. The Customer may place an Order on the Site using the shopping cart.
4.2. Upon placing an Order, the Customer will receive an Acknowledgment. An Acknowledgement does not mean Gioia Casa has accepted any Order or any Product the subject of an Order has been dispatched.
4.3. An Order is accepted when payment for the Order is processed by Gioia Casa.
4.4. The Customer should receive a Confirmation Email within 24 of the Acknowledgement.
4.5. If a payment has been processed and the Customer has not received an Acknowledgement or Confirmation Email within 24 hours, the Customer should contact customer service on email@example.com
5. AVAILABILITY OF PRODUCTS
5.1. The Site indicates whether a Product is currently stocked by Gioia Casa.
5.2. If a Product is shown as stocked on the Site at the time of an Order is placed by a Customer and the Product becomes unavailable prior to dispatch, the Customer may:
5.2.1. if the Order comprises more than one Product, accept the Product which is in stock and receive a refund of the Price paid for the Product which is no longer available; or
5.2.2. nominate a substitute Product that is of equal or less value to the Product which is no longer available and receive a refund for the difference between the Price paid and the price of the substitute Product; or
5.2.3. nominate a substitute Product that is of greater value to the Product which is no longer available and make payment of the difference between the Price paid and the price of the substitute Product; or
5.2.4. cancel the Order in full and receive a full refund of the Price and any Shipping paid.
5.3. Gioia Casa reserves the right not to honour any incorrect offers represented on the Site made by genuine human or system error.
5.4. The Customer acknowledges and agrees that all pictures and images of any Product displayed on the Site are for illustrative purposes only.
6.1. Prices are exclusive of all other charges except to the extent that they are expressly included in the Price. For the avoidance of doubt, Shipping is charged in addition to the Price and is specified on the shopping cart page when placing an Order.
6.2. In addition to any amounts paid when placing an Order, the Customer will be responsible for all Additional Charges which may arise from the Order and as described in clause 8.
6.3. Gioia Casa reserves the right to alter the Price without notice to the Customer, and such altered Price will apply to all future Orders placed by the Customer, but not to any Order the Customer submitted prior to the alteration.
7.1. The Customer will pay for the Price in accordance with any of the methods specified on the Site.
7.2. By paying by credit card, the Customer authorises Gioia Casa to debit their nominated card an amount equivalent to the Price and Shipping.
7.3. The Customer acknowledges and agrees that a payment of the Price and Shipping will be cleared by Gioia Casa before the Product is dispatched. If payment cannot be processed, an Order will be cancelled.
8. INTERNATIONAL CUSTOMS CHARGES
The Customer is responsible for the payment of any Additional Charges which may be incurred as a result of shipping the Product outside of Australia. Additional Charges include any duties, taxes or customs charges applied to the importation of the Product and other such fees which may be incurred as a result of international shipping.
9.1. Gioia Casa may, from time to time, offer promotional discounts & special offers by providing a Customer with a Promotional Code.
9.2. A Customer may redeem a discount or offer by entering the Promotional Code in the ‘promo code’ section of the Site’s shopping cart. The promotion or discount will then be deducted from the Price.
9.3. A Promotional Code is valid for one use, unless otherwise specified, and must be used prior to its expiry date.
9.4. The Customer acknowledges and accepts that the Promotional Code must be entered at the time an Order is placed and Gioia Casa will not apply a Promotional Code to an Order after it has been placed.
If Gioia Casa has reason to believe that it will be unable to supply an Order to the Customer within a reasonable time or at all due to circumstances beyond its reasonable control, Gioia Casa may, without penalty, cancel the Order, in which case, Gioia Casa will refund the Customer the Price and any other fees already paid in respect of that Order.
11. CANCELLATION BY CUSTOMER
11.1. If a Customer cancels an Order prior to dispatch by Gioia Casa in accordance with these Terms and Conditions, the Customer is entitled to a refund of the Price paid.
11.2. If a Customer cancels an Order after dispatch, Gioia Casa, in its sole discretion, may refuse to provide a refund of the Price paid unless required to do so pursuant to the ACL or any other Law.
12.1. Non-returnable Products
Due to health regulations, Gioia Casa is unable to exchange or refund any underwear, swimwear or earring Product, unless in accordance with clause 12.2.1.
12.2. Returnable Products
12.2.1. In the event the Customer receives a defective Product, the Customer must notify Gioia Casa of any such claim within the manufacturer’s warranty period.
12.2.2. Any returned Product must be in original condition with tags attached, unless the item is defective.
12.2.3. Products cannot be returned if they have been worn by the Customer, are damaged by the Customer (for example, where the Product has make-up or fake tan stains), or where the Product is damaged as a result of normal wear and tear by the Customer.
12.2.4. If the Product is the incorrect size, Gioia Casa may exchange the Product for the correct size subject to availability. In the event the Product is not available in the requested size a refund will be provided.
12.3.1. Returns must be addressed to:
6 Margaret St
OAKLEIGH SOUTH VIC 3167
12.3.2. Gioia Casa recommends sending returns via registered post as Gioia Casa does not accept responsibility for lost items.
12.3.3. Returns must be made within 14 days from the date of the Order unless the Product is defective.
12.3.4. Gift cards and a Promotional Code cannot be applied to exchanges, exchanged or redeemed for cash.
12.4.1. If a Product can be returned under clause 12.2, Gioia Casa will process a refund for the Price paid at the time of the Order.
12.4.2. To the extent permitted by Law, Gioia Casa reserves the right to deny a refund if Gioia Casa determines that the Product is not returnable once assessed.
12.4.3. If a returned Product is denied a refund, Gioia Casa reserves the right to return the Product to the Customer.
12.4.4. No refunds will be provided for Additional Charges or Shipping.
13. SHIPPING AND DELIVERY
13.1. The Customer agrees to their details being disclosed to the third party couriers for the purpose of delivery of the Product.
13.2. The delivery times made known to the Customer are estimates only and Gioia Casa is not liable for late delivery or non-delivery.
13.3. Gioia Casa will not be liable for any loss, damage or delay occasioned to a Customer arising from late or non-delivery or late installation of the Product.
13.4. Gioia Casa may deliver an Order to a Customer in any number of instalments.
13.5. If Gioia Casa delivers an Order by instalments, and any one of those instalments is defective for any reason this does not constitute a repudiation of the Terms and Conditions.
13.6. Due to international laws and regulations, Gioia Casa must adhere to certain shipping restrictions. If a Customer places an Order for a Product that Gioia Casa is unable to ship to the Customer’s country, Gioia Casa is unable to accept and ship the Customer’s Order.
14. LIMITATION OF LIABILITY
14.1. Unless such liability cannot be excluded by virtue of the Law, Gioia Casa will not be liable in any circumstances for any loss (including Consequential Loss) or damage:
14.1.1. to any property or person whatsoever arising from the supply, or delay in supply, of the Product; or
14.1.2. to any person arising from the failure to supply as a result of:
220.127.116.11. the Customer providing an incorrect delivery address; or
18.104.22.168. the Product being left at a delivery address that is unattended at the time of delivery where the Customer has authorised delivery.
14.2. For the avoidance of doubt, Gioia Casa is not responsible to a Customer for any loss or damage to the Product in transit caused by any event of any kind or by any person (whether or not Gioia Casa is legally responsible for the actions of that person).
15.1. To the extent permitted by Law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in this Terms and Conditions are expressly excluded.
15.2. If the Customer is not a Consumer, to the full extent permitted by Law:
15.2.1. Gioia Casa will not be liable in any circumstances for any loss or damage (including Consequential Loss) to the Customer or any property or third party whatsoever arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product; and
15.2.2. Customers shall indemnify us against any claims arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product.
Neither party will be liable for any failure or delay in the performance of their obligations under these Terms and Conditions, except an inability to pay any money when due, where such failure or delay is caused by an event or circumstance which is beyond their reasonable control, could not be overcome by the exercise of reasonable care and could not have been reasonably foreseen.
17. INTELLECTUAL PROPERTY
17.1. The Customer acknowledges and agrees that the Intellectual Property Rights in any software or content published or otherwise available to the Customer via the Site is owned by Gioia Casa or is used under licence and is protected under the laws of Australia and through international treaties.
17.2. Whether before, during or after the expiry or termination of these Terms and Conditions, Customers will:
17.2.1. not do anything which may conflict with our ownership or protection any Intellectual Property Rights owned by Gioia Casa or our licensors; or
17.2.2. not use, disclose, reproduce, publish, copy, perform, communicate, exhibit, show, broadcast or adapt any Intellectual Property Rights owned by Gioia Casa, without the authorisation of us or our licensors as applicable.
Information supplied by a party to the other party is confidential except to the extent that it becomes public knowledge, and will not be disclosed to a third party without the written consent of the party who originally supplied the information, or as required by Law.
These Terms and Conditions may be amended by Gioia Casa from time to time and if the Customer does not cancel its current Order within 5 days of receiving a notice of amendment, or places a further Order after receiving such notice, the Customer will be deemed to have accepted these Terms and Conditions, as amended, and they will apply to each current and future Order.
20.1. Gioia Casa complies with the Privacy Act 1988 (Vic) and is bound by the Australian Privacy Principles and Credit Reporting Privacy Code dealing with the collection, use and storage of Personal Information, Sensitive Information and Credit Related Information.
A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right.