Between:     Kathryn Subic Designs trading as Zeega (us, our, we)
And:              The Customer  (you, your)
 

Payment

• A 50% deposit is payable by you upon order.  Payment must be made within 5 business days of the date of the order or the order may be cancelled.  No items will go into production until a 50% deposit is received and cleared.
   
• All orders must be paid for in full prior to dispatch.  When the garments are ready for dispatch we will notify you and if full payment is not received within 7 days then the order will be cancelled and the deposit is forfeited by you.
   
• Payments must be made in Australian dollars (AUD) only by Direct Deposit, EFT, Cheque or credit cards (Visa and MasterCard only), please note that there is a 1.5% administration charge on all credit card payments.  Cheques are to be made payable to “Kathryn Subic Designs”.
   
• Payments must be cleared before your order will be sent.

• All dates quoted for delivery are estimated delivery dates only and may be subject to change.  We cannot accept any liability for any loss or damage (whether direct or indirect) for delivery at any other time than the estimated date for delivery.
   
• Once the order is transferred to the carrier we accept no further responsibility (e.g. any loss or damage occurring during transit to your delivery address).
   
• All fees and charges associated with delivery are paid for by you.  Delivery Insurance is recommended but it is at the discretion of you.  If you require insurance it will be charged at the time of dispatch on your valid tax invoice.

• If an order is cancelled after paying a deposit then you unconditionally forfeit the deposit.

• All orders are based upon fabric availability.  Whilst every care is taken, if for some reason the fabric of the sample ordered is not available, then a suitable replacement fabric of the same quality, at our discretion, will be used.
   
• Fabric colours may vary slightly depending on the manufacture dye lots.
   
• All bespoke hand made components will never be the same; in particular, but not limited to, fabrics that are hand dyed, painted or screen printed.

• If for any reason we are unable to fulfil the order then the deposit shall be refunded to you.

• No returns are accepted.

• If you receive any faulty goods from us you must notify us in writing within 7 days of receipt of the goods. Upon subsequent notification and advice from us, you must return the faulty goods complete with swing tags at your cost. Any garments returned to us by you without prior notice to us will be immediately returned to you at your cost.
   
• Upon inspection of the garment(s) we will repair, refund or replace the garment(s) as appropriate. No goods will be refunded, repaired or exchanged that have been worn, soiled or damaged due to no fault of ours.

• You grant us the right to use the Intellectual Property relating to the goods (and the right to allow other persons to use it) to make the goods you order and if you do not pay for them on time, to market and sell them to other persons without recourse to us.  You warrant that you have the right to have us make goods to the specification of your order from us and to grant us these Intellectual Property rights.  You will sign all documents we require to give this effect.  Intellectual Property includes trade marks, copyrights, know-how and design.

• Any Zeega product(s) purchased by you are not to be sold on the internet by you or given to another person to sell online without the express written permission from Zeega. The only time a Zeega garment can be sold online is if it is a second hand garment.

• All notices in connection with these terms must be in writing and sent to our postal address or email.  A notice sent by post in Australia is taken to be delivered 2 days after posting, for international post 5 days, or if sent by email on completion of the transmission.

• Unless these terms specify otherwise: (a) all warranties and implied terms are excluded, except if the exclusion would void this provision.  If a warranty is not excluded, our obligation under it is limited, at our option to: (i) in the case of services, supplying the services again or paying the cost of having those services supplied again; and (ii) in the case of goods, replacing the goods or supplying equivalent goods or paying the cost of either, or repairing the goods; (b) we are not otherwise liable to you for any loss or damage in connection with our dealings with you.  In no case are we liable to you for any indirect, consequential or special loss or damage including loss of income, profit or economic loss.

Indemnity

• You must pay us, on demand any loss or damage we suffer or cost or expense we incur because: (a) you cancel an order or return any goods; (b) of your breach of these provisions; (c) you do not pay us on time; (d) of any action we need to take against you; or (e) of any claim that we have infringed any Intellectual Property in connection with the goods.

• By signing an order form from us, or from our Distributor(s) on our behalf, you are confirming unconditional acceptance of these terms and conditions.