General Terms and Conditions of Sales to Consumers (AIDAN online orders)

1. Scope of application, conclusion of a purchase agreement

1.1 These General Terms and Conditions of Sales to Consumers ("General Terms and Conditions") apply to all agreements that AIDAN AUSTRALIA PTY LTD ("AIDAN" or "we") concludes with a customer ("you") on the basis of an online order via the website of AIDAN at www.aidanthebrand.com (the "Website").

1.2 The products displayed on our Website constitute a non-binding product catalogue. Our product offerings on the Website are non-binding and do not constitute an offer to conclude a purchase agreement.

1.3 By placing an order via the Website, you make a binding offer to purchase the relevant products and, thus, to conclude a purchase agreement ("Agreement").

1.4 By clicking on the "Place order and pay" button, you place a binding order for the products in your basket. You may only place a binding order if you take note of and accept these General Terms and Conditions and if you take note of the Privacy Policy and confirm it by placing a checkmark in the fields "I have taken note of the Privacy Policy as well as the General Terms and Conditions and accept them" before you click the "Place order and pay" button mentioned above.

1.5 Receipt of the order will be confirmed by us via email to you ("Receipt Confirmation"). The Receipt Confirmation does not yet constitute the acceptance of your order unless it expressly declares such an acceptance; in this case, the Agreement shall be deemed to have been concluded as a result of the acceptance. In all other cases, an Agreement is deemed to have been concluded at the time at which the products you have ordered are dispatched, and you receive a further separate email from us informing you of the dispatch ("Dispatch Confirmation"). The Dispatch Confirmation will also contain all details of the Agreement (including the details of the order and these General Terms and Conditions as well as the Privacy Policy).

1.6 If the Receipt Confirmation does not expressly declare an acceptance of your order and your products are not dispatched within five working days from receipt of the Receipt Confirmation, your offer to conclude an Agreement shall be deemed to have been rejected.

1.7 If you have selected PayPal as your payment method, the Agreement shall be deemed to have been concluded at the time you confirm the payment instruction to PayPal.

1.8 The products shown on the Website may only be purchased in standard household quantities (maximum 12 products per order).

1.9 The language of the Agreement is English.

1.10 You can place your order as a guest without registering. You may also register on our Website when you place your order and create a customer account “MyAIDAN” ("Customer Account"). If you create a Customer Account when you place your order, the details of your order and the Agreement will be stored therein; you can then review the details in your Customer Account. We will also send to you the order details and these General Terms and Conditions with the Dispatch Confirmation. You also have the option of reading and downloading these General Terms and Conditions at any time via our Website.

2. Registration, customer account, and data protection

2.1 In order to register on our Website, you have to complete the mandatory fields in the registration form correctly and in full. The registration is successfully completed if it has been confirmed by us with a corresponding confirmation email. Once you have successfully registered, a personal AIDAN number for your Customer Account ("ID"), which will be linked to the email address you have provided, will be created for you. This ID is non-transferable and grants you access to your Customer Account.

2.2 Your personal login details have to be stored in a way that protects them against access by third parties. If third parties become aware of your login details nonetheless, then you shall inform us immediately and change your login details. You are also responsible for renewing the data specified by you for each new order.

2.3 Further information on the handling of your personal data is set out in our Privacy Policy.

3. Terms and conditions of payment, shipping costs, return shipping costs

3.1 All prices for products displayed on the Website include sales tax which will be identified to you prior to completing your purchase.

3.2 The following payment methods are available:

• Credit card (MasterCard, VISA, American Express, Maestro, DinersClub): Your credit card will be charged at the time of the Dispatch Confirmation.
• PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.
• After Pay in 4: If you choose Afterpays “Pay in 4” as your payment method, you can split your invoice amount into 4 equal installments. The payments for each installment will automatically be collected from the debit or credit card you entered at checkout. As soon as your order has been dispatched, you will receive a notification from Afterpay outlining your payment schedule. As of this date, the first installment will be charged from your card. The other three installments will be charged from your card in a two weeks cycle until the full order amount has been paid.
• Apple Pay: As a user of Apple Pay, by choosing payment via Apple Pay, you will be automatically redirected to your Apple Pay Payment Sheet during the order process. Once payment via Apple Pay has been validated you will be redirected to the page confirming the order on the Website.

3.3 For each binding order you place via the Website, you will receive an invoice for the amount payable by you. The invoice will be attached to the Receipt Confirmation if this constitutes the acceptance of your order or, otherwise, to the Dispatch Confirmation.

3.4 All prices for products displayed on the Website include shipping costs as well as any customs duties and other similar charges.

4. Terms and conditions of dispatch and delivery

4.1 Any date of dispatch communicated by us shall be approximate and may deviate by two working days unless an exact date has been expressly agreed.

4.2 The date of dispatch shall be the date on which the products purchased by you are handed over to a transport person delivering the products.

4.3 The product availability can generally be seen in the product description.

In the event that a product you have ordered via our Website is (temporarily) unavailable when you are placing the order, we will inform you immediately about the non-availability. In case a product is permanently unavailable, we will refrain from accepting your order. An Agreement will not be concluded in this case.

In the event an Agreement is concluded and our supplier fails to make a delivery relevant for the delivery of a product ordered by you, then any applicable period for delivery shall be deemed to have been extended until three working days after the respective delivery is made by our supplier but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply is not based on our fault or negligence and we have made a corresponding order from the supplier without undue delay.

If a product is permanently unavailable or cannot be timely delivered, we will inform you immediately. In the event a product is unavailable and the delivery cannot be assured by the delivery from our supplier within the foreseeable future, we shall be entitled to withdraw from the Agreement. In such case, we will reimburse you all the payments you have made with respect to the order, if any. Your rights in connection with the default in delivery shall remain unaffected by this section.

We are entitled to deliver products you have collectively ordered in partial deliveries, provided that the products can be used separately. We will bear any additional shipping costs caused thereby.

5. Retention of title

We retain title to the products delivered to you until the payment for them has been made in full.

You are not entitled to resell any products delivered to you which are subject to the retention of title as stated in this Clause 5 unless we have granted prior written consent to such resale.

6. Liability for defects

6.1 Except as otherwise required by law, the period of limitation for all claims for defects is two years and starts at the time the corresponding products have been delivered to you. Claims for defects, which we have fraudulently concealed or which are covered by a separate written quality guarantee.

Claims for damages due to defects shall be governed by statutory law.

6.2 In all cases involving defects, we would ask you to contact our customer service team by by email at contact@aidanthebrand.com

7. Further liability

7.1 We shall always be liable irrespective of the type of breach of our obligations arising from an Agreement, including tort, if the breach of obligations is based on an intent or gross negligence.

7.2 In case of a breach of material contractual obligations by us, our statutory representatives or vicarious agents, where the fulfilment of such obligations is crucial for the due performance of the agreement in the first place and the contractual partners can generally be expected to trust in their fulfilment, we shall be liable for any breach based on negligence, but in case of slight negligence, the liability shall be limited, to the typical damage that can be foreseen at the time the Agreement was concluded.

7.3 The limitations of liability and exclusions as stated in this Clause 7 do not apply

• to damages resulting from injury to life, limb, or health,
• in the event of fraudulent concealment of defects,
• in the event of gross negligence on the part of our organs or executive employees or
• to the extent we have granted a separate written guarantee as to quality or durability.

7.4 To the extent our liability is excluded or limited as stated in this Clause 7, this shall also apply to our employees, representatives, and vicarious agents.

8. Governing Law
   
   These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of L1, 101/2 Tiger Way, Claremont 6010, Western Australia
9. Changes to Terms of Service
   
   You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
   
   10. Contact Information
   
   Questions about the Terms of Service should be sent to us at contact@aidanthebrand.com

 

8. Indemnification

You agree to indemnify, defend, and hold harmless AIDAN, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

13. – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in unlawful acts; to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.