References in these Terms and Conditions to "we", "us" and "Windsor Apparel" are to Roxberry Group Pty Ltd ABN 28 139 018 134 trading as Windsor Apparel, and trading as Windsor Riding Apparel. Trading address, Unit 2, 19-29 Cromwell Street, Collingwood, Victoria, 3066, Australia.
Below there are various references to online shopping and associated issues with shopping on-line, these references are for users of the Windsor Apparel website outside of Australia. Currently Australian users are not able to shop on-line with Windsor Apparel. Find your closest Australian Windsor Apparel stockists
We may change the Windsor Apparel website and correct or update information, including product information, or change these terms and conditions at any time without notice. Except in relation to the description of products available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.
You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
You may not use this website or its contents:
In addition you may not in relation to this website, use any:
Using this website does not give you permission to link to it or to use any of the images, trade marks, designs, and/or logos contained within it.
We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website.
This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights.
We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
We do not share, sell or trade your personal information gathered online, such as email addresses or postal addresses. Personal information collected online will only be disclosed within our corporate group for marketing purposes.
on this page and, where appropriate, notified to you by e-mail.
When purchasing from Windsor Apparel your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact us at firstname.lastname@example.org.
We may collect and process the following data about you:
Protecting your personal and order information is a priority at Windsor Apparel. As such we have created a secure transaction environment. We use Secure Sockets Layer (SSL) technology - the industry standard for encryption technology - to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to www.windsorapparel.com.au. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. For security purposes, your password should not be written down and should be regularly reset.
We may collect information about your computer, including where available
your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
Telephone: +61 3 8415 0855
Post: P.O. Box 1285, Collingwood, Victoria, 3066, Australia.
Facsimile: +61 3 8415 0899
Or contact us online.
Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.
By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the billing details.
Visitors under the age of 18 should not register with this website or submit any information to us.
All prices shown on the website are in Australian Dollars and are inclusive of GST, where applicable. Prices may change and offers may be withdrawn at any time.
Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out, it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay, or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
We only accept payment for orders in Australian Dollars.
We accept payment by Visa, Visa Debit, MasterCard and American Express.
If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in Australian Dollars at the conversion rate applied by the relevant payment scheme at the time of processing your order.
Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
You can place an order online at the Windsor Apparel website.
Non-acceptance of an order may be a result of one of the following:
Shortly after you have placed an order with us by pressing the ‘Submit Order' button, a Purchase Confirmation Email will be sent to you acknowledging the exact details of your order. Once your order has been successfully processed, a Shipping Notification Email will be sent to you confirming payment and confirming delivery and billing details.
These Conditions apply where the Buyer wishes to order the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer.
In these Conditions "the Buyer" means the person who purchases goods from the Company; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them).
2.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3.1 Subject to any variation under condition 3.2 the supply of goods will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the buyer's purchase order, confirmation of order, specification or other document will form part of the conditions.
3.2 These conditions apply to all the company's sales and any variation to these conditions and any representations about the goods shall have no effect unless expressly agreed in writing by the company. The buyer hereby acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
3.3 Each order for goods by the buyer from the company shall be deemed to be an offer by the buyer to purchase goods subject to these conditions and the buyer hereby acknowledges that prior to any such order, the buyer has been made aware of these conditions.
3.4 No order placed by the buyer shall be accepted or deemed to be accepted by the company until a written acceptance of order is issued by the company or (if earlier) the company delivers the goods to the buyer. For the avoidance of doubt, an order confirmation or acknowledgement issued by the company is not an acceptance of the buyer's offer but merely confirmation of the contents of such offer and the company reserves the right to decide whether to accept such offer in accordance with this clause.
3.5 The buyer must ensure that the contents of their order are complete and accurate.
3.6 The company reserves the right to treat each order accepted by the company as a separate contract and the company reserves the right to deliver the goods by instalments. Where Goods are delivered by instalments, the company reserves the right to treat each instalment as a separate contract.
The description of the goods shall be as set out on the company's website. All drawings, descriptive matter, specifications and advertising issued by the company and any descriptions or illustrations contained in the company's catalogues or brochures ("the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the goods described in them and such Marketing Materials do not and will not form part of the contract.
5.1 You may cancel a contract for a good at any time within seven working days, beginning on the day after you received the relevant goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our returns policy which is incorporated into the conditions.
5.2 To cancel a contract, you must inform us in writing within the Cancellation Period. You must also return any related good(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Delivery is on the terms set out in our delivery policy and incorporated into these conditions.
7.1 The goods will be at your risk from the time of delivery.
7.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
Unless otherwise agreed by the company in writing the price for the goods shall be: (a) the price set out in the company's price list published on the date of acceptance by the company as defined herein; and (b) exclusive of any value added tax which is due for the goods.
9.1 Payment of the price for the goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the company's other rights, entitle the company to refuse delivery and/or cancel any contract between the buyer and the company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the company has communicated to the buyer whether in writing or orally that it has the goods in stock.
9.2 Time for payment shall be of the essence and no payment shall be deemed to have been received until the company has received cleared funds.
9.3 All payments payable to the company under the contract shall become due immediately upon termination of contract despite any other provision.
10.1 The company shall not be liable for any claim by the buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with any specification expressly agreed in writing by the company (whether or not delivery is refused by the buyer) or any other dissatisfaction of the buyer except, and only to the extent set out in the returns policy which is incorporated into the conditions.
THE FOREGOING, INCLUDING THE RETURNS POLICY INCORPORATED INTO THESE CONDITIONS IS A COMPLETE STATEMENT OF THE COMPANY'S WARRANTIES REGARDING THE GOODS AND SUBJECT TO CONDITION 11.2 IS IN LIEU OF ALL OTHER WARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS EXPRESS OR IMPLIED (WHETHER UNDER STATUTE, AT COMMON LAW OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, WARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SUCH WARRANTIES PROVIDE THE EXCLUSIVE REMEDIES FOR ANY DEFECT OR NON-CONFORMITY OF GOODS.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF REVENUE, LOSS OF OPERATION TIME, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, WASTED MANAGEMENT OR STAFF TIME) ARISING OUT OF THE CONTRACT (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER FORM OF ACTION) OR ITS TERMINATION.
11.1 Subject to condition 10 and 6 the following provisions set out the entire liability of the company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the buyer arising from any breach of these conditions and any representation, statement or tortuous act or omission including negligence arising under, or in connection with, the contract.
11.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract and nothing in these conditions excludes or limits the liability of the company for death or personal injury caused by the company's negligence or fraudulent misrepresentation.
11.3 These conditions do not include or limit in any way the company's liability: (a) For death or personal injury caused by the company's negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for the company to exclude, or attempt to exclude, the company's liability.
THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING CONDITIONS
11.4 Subject to condition 11.2 the company shall not be liable to the buyer for any loss of profit, loss of business, loss of goodwill, reputation, anticipated savings or revenues, or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the goods or their use or resale by the buyer and the company's entire aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of a contract shall not exceed the price of the goods supplied.
11.5 The buyer acknowledges and agrees that except as expressly provided in this Condition 11, the company shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement.
11.6 The buyer acknowledges and agrees that the allocation of risk contained in this contract is reflected in the price agreed by the company and the buyer.
12.1 Without prejudice to any of its other remedies, the company may levy cancellation charges of 30% of total order value where that order is either cancelled outside of a 7 day period after placing of said order or delivery is refused on an order.
12.3 The company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the buyer or to suspend in relation to a delivery under any contract if the buyer fails to observe or perform any of these conditions.
The buyer shall indemnify the company against all damage or injury to any person firm or company against all proceedings charges and expenses for which the company may become liable in respect of the goods supplied by or on behalf of the company except to the extent that liability therefore has been expressly admitted in these conditions.
14.1 All patent, copyright, images, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all goods and in the names "Windsor Apparel" and any other logos or trademarks appearing in or on, or used in relation to the goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to the buyer in respect of any Intellectual Property Rights except the right to resell the goods in accordance with these conditions.
14.2 In connection with the promotion, advertisement and marketing of the goods, the buyer shall only use such advertising, promotional and selling materials and/or activities as are approved in writing by the company and shall observe all directions and instructions given to it by the company in relation to the promotion, advertisement and marketing of the goods.
14.3 The company reserves the right to defer the date of delivery or to cancel a contract or reduce the volume of the goods ordered by the buyer (without liability to the buyer) if it is prevented from or delayed in the performance of any of the company's obligations in relation to the goods due to circumstances beyond the company's reasonable control including, without limitation, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and the company shall not be liable to the buyer.
14.4 Each right or remedy of the company under any contract or these conditions is without prejudice to any other right or remedy of the company whether under any contract, these conditions or not.
14.5 If any provision of a contract or those conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, void ability, unenforceability or unreasonableness be deemed severable and the remaining provisions of any contract and the remainder of such provision shall continue in full force and effect.
14.6 Failure or delay by the company in enforcing or partially enforcing any provision of any contract will not be construed as a waiver of any of its rights under the contract, and no waiver by the company of any breach by the buyer of these conditions and no indulgence granted by the company to the buyer or otherwise shall affect the right of the company in respect thereof or any subsequent breach and any waiver by the company of any breach of any provision of the contract by the buyer will not be deemed a waiver of any subsequent breach and will in no way affect the other terms of the contract.
14.7 The buyer shall not be entitled to assign the contract or any part of it without the prior written consent of the company. The company may assign the contract or any part of it to any person, firm or company. The parties to any contract do not intend that any term of the contract will be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by law and the parties submit to the exclusive jurisdiction of the courts.
15.1 All communications between the parties about a contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission and (in case of communications to the company) to its registered office or such changed address as shall be notified to the buyer by the company; or (in the case of the communications to the buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the buyer set out in any document which forms part of the contract or such other address as shall be notified to the company by the buyer.
15.2 Communications shall be deemed to have been received, if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting), if delivered by hand, on the day of delivery or if sent by facsimile transmission on a working day prior to 4.00 p.m., at the time of transmission and otherwise on the next working day.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request by completing the form.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Windsor Apparel is an Australian registered trade mark of Roxberry Group Pty Ltd ACN 139018134 trading as Windsor Apparel Riding Wear. Mailing Address, P.O. Box 1285 Collingwood, Victoria, 3066, Australia.
We may from time to time provide interactive services on our site, including, without limitation chat rooms or other live chat services (interactive services). We will do our best to assess any possible risks for users, however, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.