Terms and Conditions

THURLEY PTY LTD's ("THURLEY" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "T&C’s"). Please read the T&C’s carefully before placing any orders on THURLEY.COM.AU We recommend you should keep a copy of the T&C’s for future reference. We may modify the T&C's .

Eligibility to purchase

In order to make a purchase through the website, you will be required to register and provide your personal details. In particular, Customers must provide their real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

Orders

All orders are subject to availability and acceptance.

Pricing

Prices shown on the website are in AUD and are inclusive of GST at the applicable rate unless you have selected an alternative country where GST is not chargeable.

The AUD price of a product displayed on the website at the time the order is accepted will be honored, except in cases of patent error.

Import Duty & Taxes

10% GST is included in the retail price shown.

GST on international orders

On international orders, the total price of your order will include 10% GST at checkout, however this 10% will be deducted when your international order is processed and your credit card is charged.

If you are a customer whose credit card is not denominated in Australia, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

Postal charge do not include possible taxes and duties which may be applied by customs in the country where the order originated. The responsibility for any customs duties, foreign taxes or other fees which may be imposed will rest with the customer. To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable "merchandise". We are also prohibited by law from marking the order as a "gift", even if order is placed with the intention of sending to a gift recipient. For further information, it may be necessary to call local customs offices to gain further details.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and THURLEY will be finalised when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.

We reserve the right not to accept your order if we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the T&C's.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the website, removing or editing content on the website; refusing to process a transaction, suspending any transaction after processing has begun.

Payment

Payment can be made by Visa, MasterCard & American Express. Payment will be debited and cleared from your account upon dispatch of your order by THURLEY. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to THURLEY, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our website secure. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment.

To help ensure that your shopping experience is safe, simple and secure THURLEY uses Secure Socket Layer (SSL) technology.

Our online ordering system is the industry standard for encryption technology – to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to THURLEY.COM.AU Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.

We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website unless that access was made possible by our negligence.

shipping/delivery charges

Australia Post e-parcel
Free Shipping on all Australian orders
International Shipping $35.00

Insurance & Delivery

THURLEY insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you, for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by THURLEY and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 5-7 working days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

THURLEY are not responsible for any delays caused by destination customs clearance processes.

Tracking your order

You can track parcels in the following ways: For orders in Australia - contact Australia Post Customer Care Centre on 13 11 18. For orders to New Zealand – contact NZ Post on 0800 501 501.

RETURNS & EXCHANGES (RECEIVING YOUR RETURN AUTHORITY)

Online purchases  are not accepted in store or at Thurley Concession stores at David Jones.

You may exchange your items of equal value (or an item of lesser value and a gift certificate for the balance of the purchaseprice) or a gift certificate for the same amount as the purchase price of the item(s) with proof of purchase  at any Thurley concept store. (Excludes Thurley concession stores at David Jones)

If you change your mind about an item, you may (provided that you have not worn the item(s) and it is in the same condition it was in when you received it) choose to return it following the steps outlined below.

Items should be returned in their original packaging to ensure they are adequately protected in transit. Shoe boxes should also be returned in the original outer packaging in order to ensure they are protected from damage, shoe boxes are considered part of the product, and your return may not be accepted if the box is damaged.

Items should be returned unused, and with all THURLEY garment tags still attached. Any packaging such as belts, dust bags and leather tags should be included with your return. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

1. 1. Forward your delivery confirmation email to onlinestore@thurley.com.au and we will respond with a return authority number (RA number) which is valid for 14 days from receiving your goods.
2. 2. Once you have received your RA number complete the form provided with a reason for the RETURN/EXCHANGE. If an item is faulty, please provide details why.
3. 3. If you would like to exchange an item, please let us know what your preferred replacement choice is, either a different style, size or colour.
4. 4. To request a refund, we either match the original payment method used or issue a gift certificate valid for one year from the issue date.

RETURNING YOUR PURCHASE

We recommend that items are returned to us via courier or registered post to ensure that they are protected and insured during transit.

1. 1. Complete the form on the back of this page that you received with your goods. along with your RA number and sign it.
2. 2. Repackage your item(s) in their original presentation and return to (at your cost):
       Thurley, Melbourne Central, Shop 227A, 221 La Trobe St, Melbourne VIC 3000.
3. 3. You will be notified by email once your return has been received and processed.

Exchanges

Please note exchanges are subject to stock availability. The item(s) you exchange must be equal or greater in value. The customer is responsible for the shipping costs of the returned goods. Shipping is free on the replacement item, but if you live outside of Australia you will need to pay duties and taxes on this.

Refunds

Your refund will be credited to the original purchaser's credit card and will exclude shipping costs (with the exception of faulty items).

If your order has been sent to a destination within Australia, all GST will be refunded. Outside of Australia, customs duties and sales taxes are non-refundable through THURLEY. However, you may be able to recover these by contacting your local Customs Office directly. Exchanges made to destinations outside of Australia will be submitted to the same customs procedures, therefore applicable for duty and tax again. See Import Duties & Taxes.

Important Information

Please return items for exchange or refund within 14 days of receiving your RA number. We recommend that you send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.

Items should be returned in their original packaging to ensure they are adequately protected in transit. Shoe boxes should also be returned in the original outer packaging in order to ensure they are protected from damage, shoe boxes are considered part of the product, and your return may not be accepted if the box is damaged.

Items should be returned unused, and with all THURLEY garment tags still attached. Any packaging such as belts, dust bags and leather tags should be included with your return. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

Please email onlinestore@thurley.com if any of your purchases have been delivered without THURLEY tags.

All items returned should have a Return Authorisation (RA) number to ease the process. Unidentified returns may be returned to the sender.

Late Returns

Please return items within 14 days of the date of your RA number request. Returns outside these timeframes may be accepted at the discretion of THURLEY, but depending on the circumstances may only be refunded as a store credit.

SHOES

All shoes should be tried on a carpeted surface before wear.

FAULTY GOODS

Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.

Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on THURLEY. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including THURLEY Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by THURLEY and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights above, "Content" is defined as any graphics, photographs, music, video, or text on this website. THURLEY Content or the server that makes it available is free of viruses. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

COPYRIGHT & NO COMMERCIAL USE

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this website. You may not use this website for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Unless otherwise indicated, copyright in the information on this website is owned by THURLEY.

All rights reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Cth. Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by THURLEY.

YOUR USE OF WEBSITE

You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this website on a temporary or permanent basis.

THIRD PARTY WEBSITES

We may include links on this website to other websites or resources operated by parties other than THURLEY. THURLEY has not reviewed all of the websites linked to its website and is not responsible for the content or accuracy of any of these website pages and we are not responsible for the availability of such external websites, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS

You have certain rights under the law. These include, in Australia:

1. 1. That any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this website; and
2. 2. Certain remedies if a product is defective.

In addition to your legal rights, THURLEY offers you the right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective, and other return options as set above.

COMPENSATION & LIABILITY

You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C’s by you, or arising from the use by any other persons accessing this website using your Internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the website (or any Content) or from your decision to purchase item(s) from THURLEY, except to the extent of our negligence or breach of the these T&C’s.

NO WAIVER

You acknowledge that if you breach the T&C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C’s in any way.

GOVERNING LAW

You acknowledge and agree that the T&C’s together with all our policies and procedures will be governed by and construed in accordance the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.

READING DOWN & SEVERABILITY

If any portion of these T&C’s is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C’s and the rest of the T&C’s will not be affected by the severance.