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Terms and Conditions - Use of Website

Welcome to our Website.  Zeega has provided this information so that you can be aware of your rights and also the Terms and Conditions surrounding the use of this Website. Please read them carefully.

Quick links to sections of the Terms and Conditions:

Application of the Terms and Conditions Payment Methods
Intellectual Property Returns and Refunds
Rights to Use Information You Send to Zeega Risk Of Loss
Links To Other Websites Shipping
Privacy and Security Termination Or Alteration Of Access
Disclaimer Disputes
Indemnity Notices
Limitation of Liability Questions
APPLICATION OF THE TERMS AND CONDITIONS
 
The information on Zeega’s website
Except as otherwise expressly stated on the Website and to the full extent permitted by law, the Website and all information contained within it regarding or relating to Zeega and any related entities and products is provided 'as is' and on an 'as available' basis without any representation or endorsement made and without warranty of any kind, whether express or implied.
 
Application of the Terms and Conditions
By accessing and browsing the Website, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Zeega are superseded and are of no force or effect. You must not use this Website if you do not agree to be bound by these Terms and Conditions.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Zeega.
 
No waiver of rights
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
 
Relationship between you and Zeega
You and Zeega are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
 
Zeega may change the Terms and Conditions
Zeega reserves the right to change the terms, conditions and notices under which the Website is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Zeega’s Website.  Your continued use of Zeega’s Website constitutes your agreement to all such terms, conditions and notices.
The information contained in this Website is subject to change without notice.
INTELLECTUAL PROPERTY
 
Ownership of the Website
This Website is owned by Kathryn Subic Designs (Bus Reg # B1922161H) trading as Zeega (Bus Reg # B2135923K ) ABN 69 946 710 607.
  • Zeega is a Sole Proprietor.
  • The country of domicile is Australia. Permanent physical address of Zeega is 62b Cook Street, Flinders, Victoria, Australia.
 
Copyright
All content included on this Website, such as clothing and accessories, designs, images, logos, photographic images and text is the property of Zeega and is protected by Australian and international copyright laws.
 
Trademark
Zeega is a pending trademark.
 
Use of our intellectual property
Zeega reserves all intellectual property rights, including, but not limited to, copyright in material provided by it, vested in it or otherwise. To the full extent permitted by law, the material provided on the Website is provided for personal use only.
The name of Zeega, trademarks, logos and any other content on the Website may not be used for any purpose whatsoever without specific, written prior permission.
You many only download material from the Website for your personal, non-commercial use provided you do not remove any copyright or trademark notices contained in that material.
RIGHTS TO USE INFORMATION THAT YOU SEND TO ZEEGA
 
Comments you send to us
We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications sent by email or in any other form to Zeega shall be and remain the exclusive property of Zeega. 
 
Ownership of comments
Your submission to Zeega shall constitute an assignment to Zeega of all rights, titles and interests in all copyrights and other intellectual property rights in that submission. This right extends to any ideas you might send us in regard to new or improved products or services. 
For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
 
Our use of the information you send us
Zeega will be entitled to use, reproduce, disclose, publish, transmit, create derivative works of, publicly display or distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. 
LINKS TO OTHER WEBSITES
 
Purpose of links to third party websites
Zeega may provide links to third party websites as a convenience to you.
 
No responsibility for third party websites
Third party websites are not under the control of Zeega and the existence of a link to another website does not imply endorsement of the website by Zeega. 
Zeega is not responsible for the privacy and security on third party websites and your linking to any other website from this Website is entirely at your own risk.
PRIVACY AND SECURITY
 
Your privacy and security are extremely important to Zeega.
This section explains the type of information that is collected by Zeega, how it is collected, how such information is used and under what circumstances and to whom it may be disclosed. If you have any privacy concerns, please contact us.
 
Use of your private information
Zeega will only record your email address and other personal information when you join our mailing list.  Your information will only be used for the purpose for which you have provided it and Zeega will not use or disclose your email address for any other purpose. 

Third party use of your personal information
Aspects of information collection may be outsourced to third parties, who are only authorised by Zeega to use this information for these purposes. On this Website, personal information is collected on our behalf by Ashop Commerce Pty Ltd who provide our very secure and firewalled software, hosting and email. 

Statistical information
This Website is not set up to track, collect or distribute personal information not entered by visitors. Our Website logs do generate certain kinds of non-identifying Website usage data, such as the number of hits and visits to our Websites. This statistical information is used for internal purposes by technical support staff to provide better services to you and for no other purpose, again, the statistics contain no personal information and cannot be used to gather such information.

Security tips
  • Online security is very important so for your information Zeega suggests that you read these security tips:
  • If using a public computer or terminal, always log out when you complete an online session.
  • Keep your passwords private. Remember, anybody who knows your password may access your account.
  • When creating a password, use at least 8 characters - a combination of letters and numbers is best. Do not use your name, e-mail address, or other personal information that can be easily obtained. It is also recommended that you frequently change your password.
  • Avoid using the same password for multiple online accounts.
 
Unsolicited requests for information
Zeega will never e-mail or call a customer and ask that they disclose or verify their Website password, credit card, or banking account number.  If you are contacted by, or receive an unsolicited e-mail from an unknown entity, and are asked to confirm or provide your password or personal or banking information, simply disregard the request and report the incident to Zeega for investigation.
 
Subscribing to our newsletter
If you have chosen to receive the Zeega newsletter you will always have an option to unsubscribe. Each newsletter will have an unsubscribe link near the top of the page and if you choose to unsubscribe you will not receive newsletters from Zeega again. You can also remove yourself from the mailing list at any time by contacting Zeega.
 
Unsubscribing
If your personally identifiable information changes, or if you no longer desire our service, you may request that your Website account be deactivated by emailing our Customer Service team at info@zeega.com.au or by contacting Zeega by any other method, see contact us.
DISCLAIMER
 
Whilst Zeega makes every reasonable effort to present accurate information on this Website the features and specifications of products described or depicted on this Website (including, without limitation, products manufactured by Zeega or supplied through Zeega’s business partners or suppliers which are displayed on this Website and their attributes) are approximate only and subject to change without notice. 
While Zeega uses its best efforts to include accurate and up-to-date information on the Website, Zeega neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Zeega.
To the full extent permitted by law Zeega disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in these Terms and Conditions, express or implied, including but not limited to:
  • any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked Websites; or
  • any warranty relating to the merchantability or fitness for any particular purpose for any product contained or referred to on the Website and/or on any linked Websites; or
  • any warranty that the Website will meet your requirements; or
  • any warranty that a reference to products on this Website does not imply or warrant that the products will be available at any time in your particular locality; or
  • any warranty the quality of any products, information, or other material purchased or obtained by you through the Website will meet your expectations; or
  • any warranty as to the accuracy of the colour of an item, whilst Zeega has done their best to display as accurately as possible the colours of the products shown on this Website but Zeega cannot guarantee that the colour you have seen on your monitor's display will be accurate; or
  • any warranty that the Website, or the server, that makes the Website available are free of software viruses, even though all care is taken; or
  • any warranty that the functions contained in any software contained on the Website will operate uninterrupted, be timely, secure or are error-free; or
  • any warranty that Zeega is responsible for typographical, technical, or descriptive errors of products herein. Zeega reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability; or
  • any warranty that errors and defects in the Website will be corrected; and
  • Zeega reserves the right to limit quantities (including after you have submitted your order); and
  • Zeega assumes no responsibility, and shall not be liable for any damages to, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio from the Website.
Without limiting the foregoing, everything on the Website is provide to you “As Is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
INDEMNITY
 
You must indemnify and hold Zeega and its employees, representatives, agents, affiliates, directors, officers, managers and associates harmless from any damages, economic or other loss, or expense or damage whether direct, indirect, incidental, special, consequential or exemplary(including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action brought against any of the above parties alleging that you have breached any of these Terms and Conditions. 
If you have to indemnify Zeega under this Section, Zeega will have the right to control the defence, settlement and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Zeega’s express written permission.
LIMITATION OF LIABILITY 
 
Your use and browsing of the Website is at your own risk. Neither Zeega nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Website.
To the extent permitted by law, Zeega does not accept any liability for any damage or injury caused by the use or misuse of products purchased from Zeega.
You understand and agree that Zeega and any related parties, the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Zeega has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
  • the use of, or the inability to use the Website;
  • the cost of procurement of substitute goods resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Website;
  • unauthorised access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the Website; or
  • any other matter relating to the Website.
PAYMENT METHODS
 
Payment online via credit card - Comming SOON!

Zeega will be accepting online payments using the following credit cards in our secure environment:

  • MasterCard
  • Visa
Your credit card details are not stored on our servers but are passed directly onto the banks through highly secure and encrypted channels for authorisation. Your credit card purchases will be displayed as Kathryn Subic Designs or Zeega on your credit card statement.

Payment via PayPal

Zeega accepts online payments via the PayPal payment system. During our checkout process select PayPal as your preferred method. You will be issued with an email and directed to the PayPal secure website to process your order. Visit www.paypal.com.au for more information.
 

Payment via Internet Transfer or Direct Deposit

Select this option in the chequeout and you will be given our banking details.  International customers please remember the transfer/deposit must be in Australian Dollars.
 

Payment offline via money order or cheque by postal mail

This option is only available to Australian Customers, international customers must pay by credit card or PayPal. If you are Australian and you do not have a credit card, then we recommend that payment be made via Australia Post Money Order or personal Cheque. 
Simply choose the "Post a Cheque or Money Order" method of payment when checking out.  Please print the order form to send with your payment.  Once the cheque or money order has been cleared by our bank the item will be sent.

Cheque/Money Order payments are to be made payable to: Zeega.  Please mail your Money Order or Cheque payments to:

Zeega
PO Box 143
FLINDERS VIC 3929



Transactions to be conducted in Australian dollars only.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars.  If you change the website to a currency other than Australian dollars the amount you will see is calculated in real time via a feed link to www.xe.com but the actual charge through the checkout will be in Australian currency and the conversion amount will be as per your financial provider
 
Currency conversion fees.

If you are paying in a currency other than Australian Dollars (AUD) you will be charged by your own financial institutions currency conversion rate so small variations where currency conversions occur cannot be accounted for by us.  Your financial institution may also charge a currency conversion fee of which you are liable for.

RETURNS AND REFUNDS
 
Zeega takes pride in the quality of the products and strives to achieve full customer satisfaction! All products are thoroughly checked before they are sent out. Refunds or exchanges will only be offered in the unlikely event that a fault is found on the product.
 

Claiming a return or an exchange

Please notify Zeega PRIOR to sending anything back by
contacting us. When you have a response, you may return any item that meets these policy conditions. 
 

Condition of returned items

The garment or item must be in "AS NEW" condition, with all the swing tags attached. Zeega does not accept returns on items that have been worn by the customer or do not include the tags intact. Likewise, the return option will become void if the item appears dirty, used, damaged or laundered. All items kept beyond the allowed return and exchange period are considered a complete and accepted order by the customer. Items returned that do not meet our return policy guidelines will be returned to the customer, and no credit will be issued. The customer is responsible for all postage and shipping fees on any returns or exchanges.


Return or exchange of clothing

Zeega provides a sizing chart with accurate measurements so ensure you check this chart carefully before purchasing any garments. If a garment is the wrong size, we will happily exchange it for another but check the conditions of return above and below. Zeega creates unique clothing in very small runs so if the required size is not available to be sent, Zeega will notify the customer of this and discuss how best to solve it. In most cases, another garment will be sent out as soon as it becomes available depending on fabric availability. Customers who have their item(s) back ordered may choose to wait, choose another item(s) or have store credit.
 

Receipts

Customers will receive an electronic receipt via email as soon as their order is processed and a paper receipt is sent with the shipped order. Ensure that your receipt is kept as a record for proof of purchase. You will be required to submit a copy of your receipt with any returns or exchanges.

 
Australian orders

To be accepted for a return or exchange you must
contact us first and the item must be returned within 10 days of purchase. All swing tags must be intact. If returning a garment it must be unworn, unlaundered and undamaged. Include a copy of your invoice for the item, alternatively just your invoice number or your full name, address and contact information.
 

International orders

To be accepted for a return or exchange you must
contact us first and the item must be returned within 30 days of purchase. All swing tags must be intact. If returning a garment it must be unworn, unlaundered and undamaged. Include a copy of your invoice for the item, alternatively just your invoice number or your full name, address and contact information.

 
Once an item has been successfully returned

For successfully returned products a full refund of the purchase price will be made by electronic transfer or cheque.  For successfully exchanged garments or products a replacement will be sent within 3-7 working days of customer garment or product selection. If you are choosing a different item the price must be equal to, or more than the original items purchase price (where the difference would have to be met by the customer).  If you need to discuss any of the above further, please
contact us for further information.
RISK OF LOSS
 
All items purchased from Zeega are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon delivery of the product to the carrier.   For more information please see our shipping section below.
SHIPPING
 
Currently, Zeega will be shipping products within 72 hours of your payment being received.  This will only apply for products that are in stock.  If there are any delays we will ensure to contact you. Zeega is not responsible for any lost or damaged packages during the shipping or posting process.  We can not be held responsible for the packages once they have been given over to the carrier.

 
Australian orders

We use Australia Post Regular Mail (usually 3 to 7 working days) and Express Post mail (usually 1 to 2 working days). You are able to select your option in the checkout.

 
International orders

International customers are advised to check the individual product to determine its availability where you reside. For example there are some countries that have import restrictions on clothing and do not allow Australia Post to deliver such items to that country. Zeega cannot be responsible for any costs incurred if you attempt to purchase an item that cannot be delivered to your country. Please check Australia Post’s website to check the import restrictions in your country by clicking here (http://www1.auspost.com.au/international/) then select your country and it will take you to a webpage showing possible ways of delivery, scroll down the page to see the list of import restrictions, special documentation and prohibitions for your country. It is the customer’s sole responsibility to ensure that each product is available to them.  Please further note that we cannot be responsible for any import fees, duties or taxes that may be applicable to your country.

Orders will be sent by Australia Post Air Mail (usually 3-10 working days, depending on destination.) or Australia Post Sea Mail (much slower but cheaper), you can choose your option in the checkout.

TERMINATION OR ALTERATION OF ACCESS
 
Zeega may terminate or alter access to the Website at any time without giving any explanation or justification for the termination of access, and Zeega has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
DISPUTES
 
Any dispute relating in any way to your visit to Zeega shall be submitted to confidential arbitration in Victoria, except that, to the extent you have in any manner violated or threatened to violate Zeega’s intellectual property rights, Zeega may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, and you consent to exclusive jurisdiction and venue in such courts. 
Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association.  The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
NOTICES
 
Notices must be in writing and may be given by hand, ordinary prepaid post or email. A notice by Zeega to you is taken to be duly given and received:
  • if delivered by hand, when delivered;
  • if delivered by prepaid ordinary post, on the third business day after posting; and
  • if delivered by email, one business day after sending.
QUESTIONS
 
If you have any questions regarding our Terms and Conditions or other policy related material please contact us.

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