Terms of service

Access to and use of this Website and the goods and services available through this Website (Services) are subject to the following terms and conditions (Terms). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time.  Changes to these Terms will be notified on the Website.  We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Privacy Policy

Our privacy policy, which sets out how we will use your personal information, can be found above. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You cannot access or use the Deva Shoes website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content;

You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Deva Shoes will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 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 this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Deva Shoes and are protected by intellectual property and copyright laws. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website.

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions:

All orders are subject to availability and confirmation of the order price.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Whilst every effort is made to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

All prices are in Australian dollars. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order.  We accept payments by Visa, Mastercard or Paypal or any other payment method indicated by us on the website.

Disclaimer of Liability

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and Deva Shoes is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Deva Shoes for breach of the Non-Excludable Provision is limited to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired. Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Deva Shoes is not liable for damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Indemnity

You agree to indemnify, defend and hold harmless Deva Shoes, its directors and employees from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.

Complaints

We will endeavour to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Victorian courts.

Faulty Goods

Deva’s Returns Policy includes the rights you are entitled to under the Australian Consumer Law.

If you wish to return a faulty good and the purchase was made within the 10-day return period please follow the steps to create a return.

If you wish to return a faulty good after the 10-day return period, please contact us info@devashoes.com.au.

We may request photos of the fault claim prior to approving the return. We may also consult with the supplier or manufacturer to determine if the item is faulty.