Terms and Conditions
This page states the terms and conditions which govern all orders and purchases made through the facilities being as described on the Online Store https://www.holsonapparel.com.au (“Site”). These terms and conditions should be read carefully, and customers should understand that by placing an order or making a purchase, they agree to be bound by these terms and conditions. By placing an order through the Site, customers warrant that they are legally capable of entering into binding contracts and that they are at least 18 years old. Simba Textiles reserves the right to change, modify or amend these terms and conditions without notice.
Simba Textile Mills Pty Ltd ("Simba Textiles") operates the Store https://www.holsonapparel.com.au. Simba Textiles is a company registered in Australia under company number ABN 79 006 336 723. The company is engaged in the business of selling of home and commercial textiles and hairdressing and beauty products. Interpretations "Business Day" means Monday through to Friday, excluding public holidays in Australia. "Delivery" means standard shipping to, and arrival at, the delivery address specified in customer’s order form (Simba Textiles will only deliver to an address within Australia). "Products" means products and or accessories that are available for purchase from the Site at the time of order. "Shipment" means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product. "Customer" means the purchaser of the Product, as identified in the login form on the Site.
For purposes of these terms and conditions, the term “Products” shall mean the products supplied by Simba Textiles that are available for purchase from the site at the time of order.
The price of products that are available for purchase on the Site will be as quoted on the Site from time to time. Prices are stated exclusive of GST. Such prices to be confirmed in Customer’s purchase order with respect to each order of products to the Customer. Prices are liable to change at any time, but changes will not affect orders in respect of which a confirmation has been provided.
Purchase of the products hereunder shall be affected by means of online Purchase Orders placed by Customer and issuing of confirmation by Simba Textiles. Each Purchase Order to be placed by the Customer hereunder shall set forth, among other things, the quantity, and description of the products being ordered. All orders are subject to acceptance by Simba Textiles, as evidenced by Simba Textiles’ acknowledgment as an automatically generated receipt from the Site. Simba Textiles reserves the right to restrict the number of items that Customers may purchase. Simba Textiles will make all reasonable efforts to process the payment of Customer’s order within 1 (one) Business Day of receiving the Purchase Order. Purchase Orders placed on the weekend or on a public holiday will not begin payment processing until the next Business Day. Simba Textiles reserves the right to discontinue Products without notice. If the Purchase Order is for a Product that is out of stock, Simba Textiles will notify the Customer and offer the option of a substitute Product (which may be a different price) or cancellation of Customer’s order. If Customer chooses to take a substitute Product, the Purchase Order will be amended, and a new acknowledgment will be sent to Customer by Simba Textiles.
Payments for the products shall be made by credit card or for approved accounts by Purchase Orders, in Australian dollars in an amount equal to the net amount due and payable by the Customer reflected Simba Textiles invoice. Prices are exclusive of GST, and transportation costs are FIS for orders above $200. For orders below $200 there is a surcharge of $10 which shall be borne by Customer.
Simba Textiles will make all reasonable efforts to dispatch within 3 days from the date of receiving the order, or the time stipulated in Customer’s order form. If Simba Textiles is unable to deliver the products within a reasonable time for any reason, it will notify the Customer of any expected delay and offer the option of a substitute product (which may be a different price) or a refund of the payment made. If the Customer chooses to take a substitute Product, the Purchase order will be amended, and a new acknowledgment will be sent by Simba Textiles.
Simba Textiles will issue Customers with a refund in the event the Purchase Order is cancelled prior to the despatch of the Product.
Simba Textiles will refund the full purchase price to the Customers should any of its products be faulty or defective and such refund is requested within 60 days of the date of delivery of the products. Products will not be accepted for return without Simba Textiles’ written consent and a Return Authorisation number. Customers will be responsible for costs associated with returning the Products to Simba Textiles. Refund will be made within 30 days of date that refund was requested by the same method that the payment was made. The goods must be unopened and not washed and free of defects.
Customer’s use of the Site is subject to the Simba Textiles Site disclaimer.
Simba Textiles does not accept any liability in any incident or event of any description, including liability for negligence for any damages or losses including, without limitation, loss of business, revenue, profits, or consequential loss whatsoever resulting from use of or inability to use the Site. Simba Textiles does not provide any warranty that the Site or sites which are linked to the Site are free from computer viruses or any other malicious or impairing computer program. The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. Simba Textiles does not accept any responsibility for keeping the information in these pages up to date or liability for any failure to do so. Simba Textiles reserve the right to amend these terms and conditions at any time. Simba Textiles will provide notice by posting the amended terms and conditions on the Site. All amended terms and conditions will preside after the expiry of 30 days following the date of the Notice
Written Communications and Notices
When using the Site, Customers accept that communication with Simba Textiles will be mainly electronic. Simba Textiles will contact Customers by e-mail or provide Customers with information by posting notices on the Site. For contractual purposes, Customers agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that Simba Textiles provide to Customers electronically comply with any legal requirement that such communications be in writing. Simba Textiles may give notice to Customers at either the e-mail or postal address Customers provide when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Simba Textiles will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Simba Textiles’ reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; (g) pandemic or epidemic;(h) any of the events detailed at sub-clauses (a) to (g) above happening to any of our participating restaurants. Simba Textiles’ performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Simba Textiles will have an extension of time for performance for the duration of that period. Simba Textiles will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between Simba Textiles and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the parties relating to the subject matter of any Contract. Any failure by Simba Textiles to exercise or enforce any right or provision of these terms and condition shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a competent jurisdiction to be invalid, then the remaining provisions shall remain in full force and effect. Parties acknowledge that, in entering the contract, neither relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, Site or the documents referred to in them. Simba Textiles’ only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
No Variation unless in Writing
Any variation or termination or attempted waiver of any of the provisions of this Agreement shall only be binding if it is in writing and executed by Simba Textiles.
Application of Law
These terms and conditions shall be deemed to have been made in Victoria and the construction, validity and performance of this Agreement shall be governed in all respects by the laws of Victoria.