Terms of service
Southbank Style Co – Terms & Conditions
1. Introduction
1.1
These Terms and Conditions govern your use of our website and the purchase of products made available through our website.
1.2
Definitions and interpretations applicable to these Terms and Conditions are set out in Section 28.
2. Acceptance of Terms
2.1
You represent and warrant that:
(a) you are an individual and are at least 18 years of age;
(b) you have the legal capacity to enter into a binding contract with us; and
(c) you are not prohibited from entering into such a contract under any applicable law or agreement.
2.2
We reserve the right to request written proof of your eligibility to accept these Terms and Conditions.
2.3
You further represent and warrant that:
(a) you have not been convicted of any computer- or internet-related offence; and
(b) you have not previously been denied access to our products or website.
2.4
We reserve the right to refuse access to our website at our sole discretion where we consider it necessary or appropriate to do so.
2.5
By placing an order, you represent and warrant that:
(a) you have carefully read these Terms and Conditions in full;
(b) you are placing your order solely on the basis of these Terms and Conditions;
(c) any order confirmation is based solely on these Terms and Conditions; and
(d) you agree to be bound by these Terms and Conditions.
2.6
If you do not agree to these Terms and Conditions, you must not use the website or purchase products.
2.7
You must expressly agree to these Terms and Conditions in order to:
(a) submit information through our website; or
(b) purchase any product.
2.8
By visiting our website, purchasing products, or accepting these Terms and Conditions:
(a) you also agree to our Privacy Policy; and
(b) you agree to comply with our Website Usage Rules as set out in Section 12.
2.9
We recommend that you save or print a copy of these Terms and Conditions for your records.
2.10
No orders may be placed and no enquiries may be submitted without acceptance of these Terms and Conditions.
3. Personal Use
You confirm that you will use the website solely for personal, non-commercial purposes and that you will purchase products only for yourself as the end consumer and not on behalf of any third party.
4. Pricing
4.1
The prices displayed on our website include shipping costs but exclude any taxes, customs duties, government charges, or similar fees ("Delivered Duty Unpaid").
4.2
Any customs duties, taxes, import charges, or government fees associated with delivery to the shipping address shall be the responsibility of the customer and are not included in the product price.
For deliveries outside Australia, additional charges such as customs duties or import VAT may apply, as products may be shipped from outside Australia (China).
Customs duties and import charges are not paid by us and remain the responsibility of the purchaser. Products are supplied on a Delivered Duty Unpaid basis.
The purchaser acts as the importer of record and is responsible for complying with all applicable import laws and regulations of the destination country and for paying any applicable duties and taxes.
As import regulations vary between countries, customers should familiarise themselves with any applicable charges before placing an order.
4.3
We make every reasonable effort to ensure that all product information, descriptions and prices displayed on our website are accurate. However, errors may occasionally occur.
If a pricing error is identified, we will notify you as soon as reasonably possible and give you the option to confirm or cancel your order. If we are unable to contact you, or if no response is received, the order will be cancelled and a full refund issued.
If you choose to proceed with the order, it will be processed using the corrected price and charged to the original payment method.
4.4
We are not obliged to fulfil an order if the price displayed on the website is incorrect, even where an order confirmation has already been issued.
4.5
Prices may be amended at any time, although confirmed orders will not be affected by such changes.
5. Orders
5.1
All orders are subject to product availability. If a product is unavailable, we will notify you by email and refund any payment received where applicable.
5.2
A contract between you and us is formed only when our order confirmation has been issued and relates solely to the products listed in that confirmation. These Terms and Conditions form part of that contract and exclude all other terms.
5.3
Where an order contains multiple products, delivery may be made in separate shipments.
5.4
We reserve the right to remove products from the website or amend website content at any time without liability to you or any third party.
5.5
We reserve the right to refuse or cancel any order at any time, including after an order confirmation has been issued, without liability.
5.6
Where we cancel an order after payment has been received, a full refund will be issued.
6. Payment
6.1
You may pay for products using any payment method available on our website.
6.2
Orders may be paid for in whole or in part using discount codes issued by us. Promotional codes may only be redeemed online during checkout.
6.3
We may use third-party payment processors. You agree that we may share documents and information, including personal information, with such providers where necessary.
6.4
We are not a regulated payment or financial services provider and accept no responsibility for failed payments or issues arising from third-party payment providers.
6.5
You are responsible for providing complete and accurate payment information. By placing an order, you confirm that:
(a) the payment method used belongs to you;
(b) you are the lawful holder of any voucher or promotional code used; and
(c) sufficient funds or credit facilities are available.
6.6
We accept no liability for the unauthorised use of your credit card, debit card, prepaid card, or other payment method by a third party, even where such method has been reported as lost or stolen. We reserve the right to report suspected fraudulent or unlawful activity to the relevant authorities.
6.7
You agree not to cancel payments or initiate chargebacks without lawful grounds.
6.8
You agree to indemnify and hold us harmless against any chargebacks, payment reversals, losses, costs, liabilities, or expenses arising from your breach of these Terms and Conditions.
7. Delivery
7.1
We will deliver your order to the delivery address specified during checkout.
7.2
Following receipt of payment, we will provide an estimated delivery date.
7.3
If we believe that the estimated delivery date cannot be met, we will notify you accordingly. We shall not be liable for any losses, costs, or damages resulting from such delays.
7.4
In certain circumstances, delivery to specific locations may not be possible. In such cases, we will notify you and either provide a refund or arrange delivery to an alternative address nominated by you.
7.5
Delivery shall be deemed completed once the products have been delivered to the address specified by you.
7.6
You are responsible for:
(a) accepting delivery and inspecting products for visible damage;
(b) contacting customer support regarding any delivery issues;
(c) providing an accurate delivery address and ensuring that delivery can be accepted; and
(d) any additional costs resulting from failed delivery attempts.
7.7
If you do not receive your products within a reasonable period after the estimated delivery date, you should contact our customer support team without delay.
8. Risk and Title
8.1
Risk of loss or damage to the products passes to you upon delivery.
8.2
Ownership of the products passes to you only upon delivery and receipt of full payment.
9. Cancellation and Returns
9.1
You may cancel an order or return products in accordance with our Returns Policy.
9.2
Returns must be initiated within the applicable return period following receipt of the products. Full details are available in our Returns Policy.
9.3
We reserve the right to refuse or cancel returns that do not comply with our policies.
9.4
Where a product is returned as defective, we reserve the right to inspect and verify the alleged defect before issuing a refund or replacement.
9.5
Where products have been correctly supplied, the customer is responsible for return shipping costs and the risk associated with returning the goods.
9.6
For approved returns, we will refund the purchase price of the returned products and the original shipping charges. Additional costs and return shipping costs will not be refunded.
9.7
Refunds will be issued to the original payment method used for the purchase.
10. Complaints and Disputes
10.1
Complaints regarding products or deliveries must be reported to us promptly.
10.2
We will endeavour to resolve complaints fairly and reasonably but accept no liability for losses arising from delayed reporting of issues.
10.3
Disputes relating to these Terms and Conditions or your use of the website shall be governed by the applicable laws and courts of your country of residence.
11. Limitation of Liability
11.1
We shall not be liable for any loss of profits, loss of data, loss of use, or any indirect, incidental, special, or consequential damages unless caused by our wilful misconduct or gross negligence.
11.2
In all circumstances, our total liability shall be limited to the amount paid for the relevant order.
11.3
Nothing in these Terms and Conditions shall exclude or limit liability for:
(a) death or personal injury resulting from negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability that cannot lawfully be excluded or limited under applicable law.
12. Website Usage
12.1
You may use the website only in accordance with these Terms and Conditions and any applicable acceptable use policies.
12.2
You must not use any software, device, or other means to interfere with, damage, disrupt, or alter the website.
12.3
You must not collect, harvest, or otherwise obtain information from the website or from other users without our express permission.
12.4
We reserve the right to suspend, restrict, or terminate your access to the website if we reasonably believe that you have breached these Terms and Conditions or any applicable usage policies.
13. Intellectual Property
13.1
All intellectual property rights in the website, its content, and the products remain the property of Covett London or its licensors.
13.2
You may not use, reproduce, distribute, modify, or exploit any intellectual property belonging to us or our licensors without our prior written consent.
14. Changes to These Terms and Conditions
14.1
We reserve the right to amend these Terms and Conditions at any time.
14.2
Any changes will be communicated through the website or by any other method we consider appropriate.
14.3
Your continued use of the website following any changes shall constitute acceptance of the revised Terms and Conditions.
15. Assignment
15.1
We may assign, transfer, or otherwise deal with our rights and obligations under these Terms and Conditions without your consent.
15.2
You may not assign, transfer, or otherwise deal with your rights or obligations under these Terms and Conditions without our prior written consent.
16. Severability
16.1
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
17. No Waiver
17.1
Any failure or delay by us in exercising or enforcing any right or remedy shall not constitute a waiver of that right or remedy.
18. Entire Agreement
18.1
These Terms and Conditions, together with our Privacy Policy and Returns Policy, constitute the entire agreement between you and us regarding the use of our website and the purchase of products.
18.2
They supersede all previous agreements, understandings, representations, and communications relating to their subject matter.
19. Language
19.1
These Terms and Conditions have been drafted in the English language. In the event of any discrepancy between the English version and any translated version, the English version shall prevail.
20. Governing Law and Jurisdiction
20.1
These Terms and Conditions shall be governed by and construed in accordance with the laws of The Netherlands.
20.2
Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of The Netherlands.
21. Contact Information
21.1
If you have any questions or comments regarding these Terms and Conditions, you may contact us using the contact details provided on our website.
22. Privacy
22.1
Our Privacy Policy forms an integral part of these Terms and Conditions and governs your visit to and use of our website.
22.2
We use cookies on our website, including for analysing how customers use the website. By accepting these Terms and Conditions, you consent to our use of cookies. Further information can be found in our Privacy Policy.
22.3
Where you provide us with personal information, we will process it in accordance with your instructions and implement appropriate security measures to protect it against unauthorised or unlawful use, loss, destruction, or accidental damage.
22.4
Unless otherwise agreed, information and documents created in connection with the sale of our products may be shared electronically with our employees, contractors, advisers, or representatives where necessary.
23. Viruses
23.1
We do not guarantee that our website will be secure or free from bugs, errors, or viruses.
23.2
You are responsible for configuring your information technology, software, and platforms to access our website. You should use your own virus protection software.
23.3
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful.
23.4
You must not attempt to gain unauthorised access to our website, the server on which it is stored, or any server, computer, or database connected to our website.
23.5
You must not attack our website by means of a denial-of-service attack or a distributed denial-of-service attack.
23.6
If we believe that you have breached this Section 23, your right to use our website will cease immediately. We may report any such breach to the relevant authorities and will do so where required by law.
24. Liability
24.1
Subject to Section 24.12, we exclude all liability to the fullest extent permitted by law and shall not be liable for any losses suffered by you or any third party arising from:
(a) third-party content or user-generated content;
(b) our content, including its accuracy, completeness, or timeliness;
(c) the products, including their quality, images, descriptions, specifications, or suitability for any purpose;
(d) reliance on information contained on our website or in these Terms and Conditions;
(e) unavailability of, or interruptions to, the website; and
(f) delays or failures in performance caused by events beyond our reasonable control.
24.2
We shall not be liable for any loss of profits, loss of business, loss of customers, or any indirect or consequential losses.
24.3
Our total aggregate liability shall not exceed USD $1,000 or five times the purchase price of the relevant product, whichever amount is lower.
24.4
Any claim must be brought within one (1) year of the event giving rise to the claim.
24.5
To the fullest extent permitted by law, none of our employees, agents, advisers, or representatives shall have any personal liability.
24.6
All express or implied warranties are excluded to the fullest extent permitted by law.
24.7
Claims may only be brought in relation to a single event or series of related events.
24.8
The limitations of liability contained in these Terms and Conditions also apply where liability is shared with third parties.
24.9
Where liability is shared, we shall only be responsible for our own proportion of fault.
24.10
Our liability shall be reduced by the extent to which any third party contributed to the relevant loss.
24.11
In assessing the liability of any third party, no account shall be taken of whether you are legally prevented from bringing a claim against that party.
24.12
Nothing in these Terms and Conditions shall exclude or limit liability for:
(a) death or personal injury caused by negligence;
(b) fraud, fraudulent misrepresentation, or gross negligence; or
(c) any liability that cannot lawfully be excluded or limited.
24.13
These provisions constitute your exclusive remedies in relation to these Terms and Conditions.
25. Indemnity
25.1
Upon request, you agree to fully indemnify and hold us harmless from and against any claims, losses, costs, liabilities, or expenses arising from:
(a) any material breach of these Terms and Conditions;
(b) fraud, negligence, or misconduct on your part; or
(c) your use of our website.
25.2
We may recover from you any reasonable costs incurred in connection with an indemnity claim.
26. Force Majeure
26.1
If an event of force majeure continues for more than one week, we may amend or terminate these Terms and Conditions without liability.
26.2
Any dispute or claim shall be resolved by arbitration in The Netherlands. Proceedings shall be conducted in English before a single arbitrator and in accordance with the laws of The Netherlands.
27. Company Information
Parkstad eComm
Registration number: 96706058
Bergerweg 61 - 8572
6135KD Sittard
28. Interpretation
28.1
Terms such as “Contract”, “Customer”, “Delivery Address”, and similar expressions shall have the meanings assigned to them in the original English version of these Terms and Conditions. Those meanings shall apply equally in any translation.
29. Returns of Sale Items
At Southbank Style Co, we aim to provide high-quality products at fair prices. Special return conditions apply to discounted items.
No Returns on Sale Items
Products purchased during a sale or promotional event are not eligible for return unless required by applicable law.
30. Offers
30.1
Where an offer is subject to a specific time limit or additional conditions, this will be clearly stated in the offer.
30.2
All offers are made without obligation and may be amended, suspended, or withdrawn at any time.
30.3
Product images and descriptions are provided for illustrative purposes only. Colors may vary slightly due to screen settings, lighting conditions, or manufacturing variations and shall not constitute a defect.