Terms of Use

Updated 27 July, 2022

TERMS AND CONDITIONS OF WEBSITE USE

This online store - www.cienta.com.au - is operated by Cienta Shoes Australia - ABN 68 968 246 477 (Cienta, we or us, or our) on a Shopify platform. We would like to inform you with this document of the terms and conditions of use on which you may make use of the www.cienta.com.au website whether as a guest or as a registered user. The document also outlines the scope of each area when necessary. “You” shall mean any person who makes use of this website.

Please read these terms and conditions of use carefully before you start to use the website, create an account as a customer or make a purchase online. By using the website you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the website.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

WEBSITE AREAS

The website (www.cienta.com.au) has two distinct areas: the Online Store / Products area accessible and visible to any visitor, and the My Account area accessible at purchase from customers via sign up.

ACCESSING THE WEBSITE

Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. We will not be liable if for any reason the website is unavailable at any time or for any period.

From time to time we may restrict access to some parts of the website, the entire website, or to registered users.

If you choose or are provided with login details for the My Account area or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or password, or login data at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.

RELIANCE OF INFORMATION POSTED ON OUR WEBSITE

Pages, materials, resources on our website are of commercial nature and we try to keep it accurate and up to date. However as permitted by law, we disclaim all liability and responsibility arising from any reliance placed on the information of such materials.

Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Please direct any questions related to your order or purchase via email to info@cienta.com.au 

MY ACCOUNT AREA

This area is accessible only for signed up users which have set their own user-name and password. When you log in to your My Account area you can then view recent purchase/history and update details such as delivery address.

Please refer to our Privacy Policy on the website for information regarding our collection, storage, and use of your personal information.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. You can change your details by accessing your account. This area is intended for users who wish to purchase our products.

PRICES

All prices are in Australian dollars.

All prices are subject to change and are only valid online at the time indicated.

PAYMENT OPTIONS

The website offers the following payment options:

• PayPal payment gateway which redirects the shopper to PayPal’s site. You can read PayPal’s Privacy Policy here www.paypal.com/au/webapps/mpp/ua/privacy-full

• Afterpay payment gateway which redirects the shopper to Afterpay's site. Afterpay is a service that allows you to make purchases now and pay for them in four payments made every 2 weeks without any interest. Simply shop online and add items to your shopping cart and checkout as normal. At the checkout choose Afterpay as your payment method. First-time customers will need to register with Afterpay and provide payment details, as usual, returning customers simply log-in to make their purchase. You can read Afterpay terms of service by clicking here https://www.afterpay.com/en-AU/terms-of-service You can read Afterpay's Privacy Policy here https://www.afterpay.com/en-AU/privacy-policy

If you have any questions about your Afterpay account, please contact Afterpay directly via a web form found here https://help.afterpay.com/hc/en-au/requests/new

DELIVERY

We deliver using Australia Post standard shipping in a satchel.

We do not deliver outside Australia.

Orders typically take between 2-4 business days to be dispatched from our warehouse and handed over to Australia Post. After this, shipping time varies according to Australia Post estimated delivery times. Deliveries in Australia can take 2+ business days.

REFUND AND RETURNS

Please read our refund and returns policy on our website www.cienta.com.au

STOCK AVAILABILITY

We aim to provide accurate stock availability, however, as our stock quantity changes daily the online system may not immediately account for external orders. In the event that your ordered product is no longer available we will contact you to provide an agreeable substitute or refund your money by the same means or same card by which it was paid.

ONLINE ORDERS

By ordering online you are agreeing to purchase our products subject to our terms and conditions. Please read these carefully.

We will process the orders on a first come first served basis. This means sale orders are attended to in the order they arrive.

Delivery times will depend upon stock availability, force majeure (acts of god) or delays from postal services which we are not responsible for.

When ordering, you acknowledge that all the information you provide is true and correct. You also acknowledge that you are the authorised user of the credit / debit card used to place the order, and that there are sufficient funds to cover the cost.

CANCELLATION OF ONLINE ORDERS

Once an order has been placed it cannot be cancelled or changed and will be delivered.

We reserve the right to cancel an order if the product is no longer available, personal details are invalid, an unauthorised credit/debit card has been used to make the purchase, or payment cannot be processed using the credit/debit card provided. In the event that payment has been processed on a cancelled item we will issue a refund by the same means by which it was paid.

TITLE

The risk of loss to all products sold online shall pass to the customer upon delivery of the products to the carrier (eg. Australia Post).

COOKIES, NEWSLETTER SUBSCRIPTION, OPTING-OUT

MailChimp cookies and Newsletter subscription

By default, we do not subscribe you to our mailing list. If, however, you have subscribed to our mailing list we understand that you have given permission to us to send you promotional emails from our store and/or track your browser’s activity through the use of cookies.

Our newsletter subscribers’ list is managed with a service called MailChimp which is an add-on or app connected to our Shopify store. This means that MailChimp can track the activity of the browsers (devices) of our subscribed contacts through the use of cookies or similar technologies such as pixels. The cookie tracks attribution rates (identification of a set of actions) and browser activity.

The use of MailChimp and its technologies will allow us to:

• Send newsletters or emails to all or some subscribers;
• Send emails for product retargeting
• Set up remarketing ads
• Make use of popup forms

For more detailed information on how MailChimp cookies are used please refer to MailChimp cookie statement https://mailchimp.com/legal/cookies/

You can always unsubscribe from our newsletter by clicking on the unsubscribe link within the newsletter or by sending us an email at info@cienta.com.au 

MailChimp, Google Analytics cookies and Visitors

While you are visiting www.cienta.com.au a Google tracking pixel set up by MailChimp in our Shopify store or set up by Google Analytics may be deployed to recognise visitors to our site for remarketing purposes.

By visiting our website, we understand that you are giving us permission to track your browser’s activity with the use of MailChimp or Google Analytics.

You can always turn off cookies in your browser and you can always opt-out of Google Analytics for display advertising or remarketing. Please refer to https://tools.google.com/dlpage/gaoptout/

For more detailed information on how MailChimp cookies are used please refer to MailChimp cookie statement https://mailchimp.com/legal/cookies/

For more details on Google please refer to https://policies.google.com/privacy

CREDIT CARD INFORMATION

We do not collect nor store credit card information. Payments made via credit/debit card are processed by PayPal payment gateway or Afterpay. Please refer to their security and privacy policy information www.paypal.com/au/webapps/mpp/ua/privacy-full
https://www.afterpay.com/en-AU/privacy-policy

Please also read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

REVIEWS OR COMMENTS

If our website contains a facility for you to post reviews, make comments or ask questions. The content of these reviews, comments, or questions must not be illegal or contravene Australian consumer laws or the National Advertisers Code of Ethics. For example, they must not be fake, misleading, offensive, discriminatory, threatening, obscene, or defamatory.

Content must not contain software or malware which contains viruses, spam or programs that may damage the operation of a third party’s computer. While we welcome your comments and reviews we reserve the right to remove any user content that does not comply with these terms or is deemed inappropriate by us.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws. All such rights are reserved.

You must not use any part of the materials on the website for commercial purposes without obtaining written permission from us or from our licensors.

You may print off one copy, and may download extracts, of any pages from the website for your personal use only.

Any reviews, comment, feedback, idea or suggestion which you provide to us or post on this website becomes our property. If in the future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or any other person who has transmitted your comments.

If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

HYPERLINKS

This website may contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. We do not accept any responsibility for them or for any loss or damage that may arise from your use of those websites.

Any hyperlink on our website to another does not imply our endorsement, support, or sponsorship of the operator of that website nor the information and/or products which they provide.

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.

The Website must not be framed on any other site, nor may you create a link to any part of the Website 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 the Website other than that set out above, please address your request to info@cienta.com.au

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

OUR LIABILITY

The material displayed on the website in all areas is provided without any guarantees, conditions or warranties as to its accuracy. We give no warranty that the information is free from error or omissions.

We take all due care in ensuring that our website is free from any virus, worm, Trojan or other malware, however we are not responsible for any damage to your computer system or programs which arises in connection with your use of our website or any linked website.

To the extent permitted by Australian law, we, and third parties connected to us hereby expressly exclude:

- All conditions, warranties and other terms which might otherwise be implied.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user or registered user in connection with the use, inability to use, or results of the use of the website, any website linked to it and any materials posted on it.

This does not affect our liability which cannot be excluded or limited under applicable Australian law.

INDEMNIFICATION

By accessing our website you agree to indemnify, defend and hold Cienta Shoes harmless from any liability, loss, claim, damage and expense, including reasonable legal fees and expenses, related to your violation of these terms and conditions of use or your use of the website.

INFORMATION ABOUT YOU AND YOUR VISIT TO THE WEBSITE

We process information about you whether as a visitor or as a registered user in accordance with our Privacy Policy. By using our website you consent to such processing and you warrant that all data provided by you in the My Account online registration area or contact form is true and accurate.

CONTACT

If you have any concerns about material which appears on the website, or if you have any questions, comments and requests regarding these terms of use then please contact us via e-mail to info@cienta.com.au

Thank you for visiting Cienta's Official Online store in Australia.