Terms and Conditions of Ciao Ciao Vacation

Section 1: Agreement Scope and Acceptance

1.1 The use of [www.ciaociaovacation.com] (the "Website") and the procurement of any merchandise ("Products") from Ciao Ciao Vacation, ACN [631 877 328] ("Company", "we", "us"), are subject to these terms of purchase ("Terms") and any accompanying policies ("Policies") available on the Website. The Terms override any conflicting provisions in the Policies.

1.2 Engagement with the Website or purchase of Products binds you to these Terms and Policies (collectively, "the Agreement"). Lack of awareness of the Agreement does not affect its enforceability.

1.3 The Company reserves the right to alter the Products, Terms, and Policies without prior notice, effective upon your use of the Website or purchase of Products.

Section 2: Conditions of Sale

2.1 Placement of an order is deemed as an intent to purchase, conditional upon our acceptance, which is finalized upon payment receipt, product availability confirmation, and issuance of a purchase receipt.

Section 3: Pricing Structure and Payment Obligations

3.1 Prices for our Products, alongside relevant postage costs, are disclosed during the checkout process, to which you agree to adhere. Additional charges, such as duties or taxes imposed by the destination country, are the customer's responsibility. Orders returned to Australia with unpaid duties shall be subject to a restocking fee of 15%, unless expressly disclosed otherwise.

3.2 The Website lists all prices in local regional currency (where applicable). Australian website prices include GST unless stated otherwise. The Company reserves the unilateral right to modify these prices without notification.

3.3 Payment for Products can be made via specified methods, including [PayPal, AfterPay, credit cards]. Transactions are safeguarded by Shopify, though additional fees from third-party processors may apply.

Section 4: Dispatch and Transfer of Ownership

4.1 The Company dispatches orders using specified carriers to the address you provide. Receipt of the order signifies the transfer of Product ownership to you, subject to the carrier's terms.

4.2 We are not liable for delays or dispatch issues outside our control. Non-receipt of an order must be communicated promptly via email.

Section 5: Return Policy

5.1 The return directives herein provided govern the terms under which returns are accepted. Returns are facilitated in compliance with applicable laws. Abuse or misuse of the return policy may warrant access restrictions or cancellations.

5.2 Customers may initiate the return process for items purchased online within 7 days of receipt, with options for refund, exchange, or issuance of store credit. Returns of jewellery and sale items are excluded from acceptance.

5.3 Shipping costs incurred are non-refundable, and returned Products must maintain their original condition, being unworn, unwashed, and retaining all original labels and tags. Failure to adhere to these conditions may result in rejection of the returned Products. 

5.4 The customer is liable for return postage charges. A processing fee of $9.95 AUD is applicable to each refunded item to facilitate the return process. This fee does not apply to Products returned for store credit or exchange.

5.5 The commencement of the return process mandates customers to receive a Return Authorization (RA) number from the Company at ciao@ciaociaovacation.com. Upon receipt of the RA number, customers are required to dispatch the items using a traceable shipment method. The provided RA number must be clearly indicated on the return parcel. Upon receipt of the returned items, the Company will process the return. Returns will not be accepted if the duration between the issuance of the RA number and the receipt of the returned items exceeds three months.

5.6 While efforts are made to accommodate exchange requests, reservations of items for exchange are not feasible. Exchange of items is contingent upon availability of stock. In cases where the desired item is unavailable, a store credit, valid for 3 years, will be issued.

5.7 Sale items are deemed final and are ineligible for return for refund, store credit, or exchange.

5.8 In the event of a faulty item, customers are urged to contact the Company at ciao@ciaociaovacation.com for resolution. Return postage charges for faulty items are covered by the Company. Replacement or repair of faulty items, up to a maximum repair cost of $50, will be undertaken. If replacement or repair is unattainable, a refund will be issued for the faulty item.

Section 6: Right to Rescind

6.1 The Company may cancel any order prior to Product ownership transfer. Should cancellation occur, a refund of any payments will be processed within fourteen days.

6.2 Cancellation requests for undelivered orders must be approved by us. Posted orders cannot be cancelled; however, unposted orders may be eligible for cancellation and refund at our discretion.

Section 7: Promotional Discounts

7.1 The Company may issue promotional codes under specific conditions. These are not applicable to sale items or in conjunction with other offers and are subject to usage regulations to prevent misuse.

Section 8: Gift Certificate Regulations

8.1 Gift vouchers, subject to terms, are offered for the purchase of Products and are valid for three years post-purchase. Vouchers cannot be combined with other promotional offers.

Section 9: Pre-Purchase Conditions

9.1 Pre-ordered items necessitate payment at the time of order placement and are subject to specific terms governing delivery schedules and cancellation rights. In the event of order cancellation, a forfeiture of 20% of the total order value is incurred.

9.2 Pre-ordered items are classified as custom-made goods and, therefore, returns for refunds do not apply. Pre-ordered Products may solely be returned for exchange or issuance of store credit within 7 days of receipt of the purchased item.

9.3 Shipping of pre-ordered items typically spans a duration of 4 to 8 weeks. However, unforeseen circumstances beyond our control may lead to delays in the shipment process.

Section 10: User Responsibilities

10.1 Users of the Website must provide accurate and current information and are responsible for the security of their account credentials. The Website and Products are to be used at the user's own risk, in accordance with the intended purpose.

Section 11: Prohibited Conduct

11.1 Users shall not engage in any activity that contravenes the intended use of the Website, infringes upon the Company's or others' rights, or violates legal statutes.

Section 12: Operational Rights of the Company

12.1 We reserve the right to adjust access to the Website, assign our rights under these Terms, and conduct advertising without becoming a party to third-party transactions derived from such advertisements.

Section 13: Product Representation

13.1 Product representations on the Website are intended to be as accurate as possible; however, the Company does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.

Section 14: Intellectual Property and Limited Use

14.1 The intellectual property of all content on the Website is owned by or licensed to the Company and is available for personal, non-commercial use under a limited license. Any unauthorized use of the content is strictly prohibited.

Section 15: Termination of Use

15.1 The Company may terminate your access to the Website and/or the Products, without notice to you, if you breach the Agreement. This right to terminate does not affect any accrued rights.

Section 16: Indemnity and Liability Limitation

16.1 You agree to indemnify the Company against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs and other professional costs and expenses) arising out of or in connection to your breach of the Agreement.

16.2 The Company’s liability for any claim arising out of or in connection with the Website or Products shall be limited to the amount paid by you for the Products concerned.

Section 17: External Links and Third Parties

17.1 Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

Section 18: Privacy and Data Protection

18.1 The Company is committed to protecting your privacy. Our Privacy Policy governs the collection, use, and disclosure of your personal information and is incorporated into these Terms by reference.

Section 19: Governing Law and Jurisdiction

19.1 These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia.

Section 20: Severability

20.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if not possible, deemed severed from these Terms, and the remaining provisions of these Terms will remain in full force and effect.

Section 21: Notification Procedures

21.1 The Company may provide notifications to you as required by law or for marketing or other purposes via email to the address you provide, or through conspicuous posting on our Website. Such notices are deemed effective upon their issuance.

Section 22: No Waiver

22.1 The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Section 23: Inquiries and Feedback

23.1 For any questions or feedback regarding the Agreement, please contact the Company at ciao@ciaociaovacation.com.