Terms and Conditions


Akia Rose Activewear values you as one of our customers. These Terms and Conditions detail our role and yours in the contractual agreement we will have when you make a purchase with us. This contract assumes that you are an adult, we do not knowingly contract with any children.

The Website http://www.akiarose.com.au is owned and operated by Akia Rose Activewear, an Australia registered business. These Terms & Conditions together with the documents referred to within the Terms & Conditions govern the supply of any products ordered by you on this Website and your use of the Website. By browsing, using the Website or ordering a product, you agree to be legally bound by these Terms and Conditions. if you do not agree to the Terms and Conditions, you should not use the Site.

Accessing / using the Website

You are welcome to browse and use this Website for its intended purpose providing that you do not (or attempt to) interfere or disrupt this Website, host servers/networks, functionalities or security-related features. You must not link to this Website. or any part of it, in a way that implies our affiliation or endorsement when there is none or act in any way that is illegal or unfair.

At times site maintenance is required and for reasons outside of our control the Website may not be available for your immediate use. Therefore, we do not warrant that the Website, or may other website linked to our site, will be available at all times and without disruption.

Every attempt is made for products to be displayed as a true likeness on this Website. However, due to photographic and screen limitations a slight difference between the actual product and its Website representation may be evident.

Intellectual property

The content, visual artifacts, designs and the Akia Rose Activewear logo on this Website and associated social media platforms are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Akia Rose Activewear. You may retain a copy of this material for your own personal use, however you are not permitted to manipulate, disseminate or publish any material for any other purpose, including commercial, unless prior written consent is gained from Akia Rose Activewear.

Placing an order

We value your patronage and invite you to use our Website to place orders. By placing an order, you an entering into a contract to purchase a product from Akia Rose Activewear. To place an order, you must provide us with your current valid personal information including your name, address, email address and payment details. You must follow the instructions on the Website to place your order, at the shopping cart the product(s) you selected is displayed with current pricing, any taxes incurred and shipping charges. You are responsible for verifying this order before progressing to making a payment.

If you realise an error has been made after your order has been submitted, please contact us immediately. Wherever possible we will amend the order according to your instructions providing that the order has not been dispatched.

After placing an order, you will receive email correspondence to confirm that the order has been received by us.

Occasionally, we may be unable to fulfil your order, for example if stock is no longer available. In this situation we may offer you an alternative related product, if this is not acceptable by you then we will cancel the order and make good the full payment to you. A cancellation refund will generally be made using the same payment method originally used by you to pay for the product.

Payment

The order must be paid for in full at the time of ordering through one of the payment methods available on the Website. Validation of your payment is made through one of the secure payment methods and we reserve the right to conduct fraudulent checks before providing the product(s) to you.

The Website pricing is in Australian dollars; the actual price in other currencies is subject to the exchange rate applied by the payment provider (i.e. PayPal or credit/debit card company). Additionally, your payment provider may charge currency conversion and administration fees on your purchase. We are not responsible for and will not reimburse any of these charges.

Shipping (refer to ‘NEED HELP?’ for further shipping details)

Akia Rose Activewear provides free shipping to all Australia locations serviced by Australia Post and a discounted flat rate to selected international destinations serviced by Australia Post and their associated carrier. The flat rate fee will be applied at the store checkout page. At the checkout customers can elect to pay extra for express shipping and for signature on delivery. 

All orders are shipped within 1-2 business days. Email correspondence will be sent to you to confirm the shipment and the delivery tracking number. Deliveries within Australian generally take between 2-7 business days from dispatch, whilst international destinations may take between 6-14 business days from dispatch. Delivery times are outside of our control and we cannot guarantee any firm delivery dates.

International orders may be subject to customs delays, and country specific taxes and duties. Akia Rose Activewear is not liable for any such additional charges, it is the responsibility of the customer to check if any additional charges may apply in the destination country. Akia Rose Activewear will not accept or refund returned goods due to customs related charges.

Akia Rose Activewear reserves the right not to ship to all worldwide destinations. In the event of this happening we will inform you using the contact details that you provided when placing the order and arrange for cancellation of the order or delivery to an alternative delivery address.

Akia Rose Activewear is not liable for any loss or destruction of the product incurred after the shipment has been delivered to you.

Returns (refer to ‘NEED HELP?’ for further return details)

Akia Rose Activewear permits the return of all non-clearance garments providing the product is returned within 14-days of the actual (or attempted) delivery date and meet the following eligibility criteria:

  • original condition with product swing tags attached;
  • unworn, and
  • undamaged, including damage by makeup, fake tan or deodorant.

Clearance products are not eligible for returns. Please contact us for advice on sizing/fit if you have any concerns. We are more than happy to advise.

To ensure returns are processed efficiently, a returns document detailing the instructions to follow is supplied with your purchase. Returns will be processed on the next available business day following their receipt and providing the return criteria are met refund arrangements will be initiated immediately. The refund is usually returned to your original payment method and should be available within 5-7 business days. If the returned product does not meet the return criteria the refund request will be declined and the product returned to the customer. A notification will be sent to update you on the return status of your item.

Return shipping/delivery costs are the responsibility of the customer and are not considered refundable by Akia Rose Activewear.

Faulty goods

Akia Rose Activewear strives to provide high quality clothing to its customers. In the rare instance that a customer receives a faulty product we will replace the product at no cost to the customer.

The returns document detailing the instructions included in your delivery parcel must be used to report the fault within 14 days of the delivery date. The returned product will be evaluated on the next available business day following their receipt and providing the product is deemed to be faulty, a replacement product will be shipped to the customer at no extra cost. A notification will be sent to update you on the exchange status of your item.

If stock is no longer available to replace the faulty product, we will offer an alternative related product. If the exchange is not acceptable by you then we will cancel the order and make good the full payment to you. A cancellation refund will generally be made using the same payment method originally used by you to pay for the product.

Where returned products are verified as faulty by Akia Rose Activewear the return postage will be refunded. The customer is required to provide evidence of their shipping payment before a shipping refund is made using the same payment method originally used to pay for the product.

If the product is evaluated by Akia Rose Activewear and not considered faulty then the product will be shipped back to the customer. Please note, it does not constitute a defect, if in our reasonable opinion, the product has, following its receipt by you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

Discount codes and vouchers

Customers may use eligible discount codes and vouchers to shop at this Website. Discount codes and vouchers can only be redeemed on the Website in accordance with the special terms and conditions stated on them, including any time restrictions placed on their use and the exclusion of products from the discount code or voucher use. Vouchers and discount codes cannot be used in conjunction with the Subscriber’s code. Where the conditions are not met Akia Rose Activewear reserves the right to cancel the order.

Disclaimer

Akia Rose Activewear makes every endeavour to provide precision on this Website. However, to the fullest extent permitted by law, Akia Rose Activewear makes no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website (or associated social media) or the content of any linked website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, resulting from any:

  • errors, mistakes or inaccuracies of material or information on the Website or associated social media pages;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website or associated social media pages;
  • any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;
  • any interruption or cessation of transmission to or from the Website, and
  • any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party.

Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our liability in the event of death or personal injury caused by our negligence, fraudulent misrepresentation or any other liability which cannot be excluded or limited by applicable law.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and disclaim all warranties, Akia Rose Activewear, its officers, employees or agents for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:

  • your use of and access to the Website;
  • your violation of any copyright or privacy right;
  • your use of any third party linked to or advertised on this Website, and
  • any breach of your obligations under these Terms and Conditions.

Mediation and dispute resolution

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute.

Terms and Conditions updates

Akia Rose Activewear reserves the right to modify these Terms and Conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon posting on the Website. These Terms and Conditions were last updated on 1 September 2018.