Website Terms & Conditions

DianaFerrari.com.au is a website owned by Diana Ferrari Pty Ltd (ABN 55 168 313 595) ("Licensor").
The Licensor grants Australian Footwear Pty Ltd (ABN 40 168 259 210) ("Licensee") to operate the website and trade as Diana Ferrari. Both Licensor and Licensee are subsidiaries within Munro Footwear Group Pty Ltd (ABN 59 614 250 501) known together with its directors, employees and agents as "We", "Our" or "Us". Your access and use of this website is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of and continued access to this website constitutes your agreement to these Terms and Conditions. Acceptance by you of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Terms and Conditions also and draw it to their attention.
You can browse, select and place orders for products available for purchase online.

1.1.    DianaFerrari.com.au is a website owned by Diana Ferrari Pty Ltd (ABN 55 168 313 595) ("Licensor"). The Licensor grants Australian Footwear Pty Ltd (ABN 40 168 259 210) ("Licensee") to operate the website and trade as Diana Ferrari. Both Licensor and Licensee are subsidiaries within Munro Footwear Group Pty Ltd (ABN 59 614 250 501) known together with its directors, employees and agents as "We", "Our" or "Us". Your access and use of this website is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of and continued access to this website constitutes your agreement to these Terms and Conditions. Acceptance by you of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Terms and Conditions also and draw it to their attention.
You can browse, select and place orders for products available for purchase online. Use of the Diana Ferrari Website is subject to acceptance of these Terms and Conditions.

1.2.    These terms and conditions provided by us govern and apply to your access and use of the websites operated by entities within the Munro Footwear Group (Sites) and any other website, social media accounts, applications, software and other technological products and services operated by us (Platforms). 

1.3.    The Platforms are provided by us to you in order for you to browse, select and order footwear, clothing and other accessories (Products) from us and participate in any ancillary services we may provide (Services).

1.4.    Please read these terms and conditions before accessing or using the Platforms.

1.5.    Your access to and use of the Platforms, including your order of Products and use of Services through the Platforms, is subject to these terms and conditions.

1.6.    The terms and conditions also apply to the sale of any Products or us of Services via methods other than the Platforms, including sales by telephone, in person via our stores or other means, unless otherwise agreed in writing.

2.1.       The information contained on the Platforms is provided in good faith on an "as is" basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platforms. To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on the Platforms.

2.2.       Whilst we make every effort to ensure that the Product images and descriptions used on our Platforms are true and accurate representations of our Products, occasionally slight variances in colours, styles, textures and details may occur when viewing images online as compared with in person. 

3.1.       You:
(a) acknowledge that the copyright in the Products and Platforms, the software, design, text and graphics comprised in the Platforms (in particular our branding and photographs of our Products), the selection and layout of the Platforms and the content and materials on the Platforms (together, the Material) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website or application any of the material appearing on the Platforms without our prior written consent.

3.2.       You may:
(a) store a reproduction of the content on the Platforms on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

3.3.       This Platforms, the Products and any ancillary materials or documents owned or used by us in connection with the sale of the Products and promotion of its business contains registered and unregistered trademarks which are protected by law and other branding, images, content which constitute our intellectual property. You must not use any of the images, marks or trademarks appearing on the Platforms or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

4.1.       We do not claim that any information (including any files) obtained from or through the Platforms is free from viruses or other faults or defects.

4.2.       You are responsible for scanning any information for viruses.

4.3.       You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

4.4.       If we are found to be liable this will be limited to the cost of supplying the information again.

5.1      You agree to bound by, and comply with, these terms and conditions by:
(a)  using the Platforms, in particular, browsing our Sites;
(b)  completing your registration through the Platforms; and/or
(c)  obtaining or ordering Products from us using the Platforms or by any other method of sale.

6.1.       If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

6.2.       Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Platforms after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

7.1.       You may complete the customer registration process through the Platforms before placing an order for Products through the Platforms. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on the Platforms.

8.1.       You may order Products by selecting and submitting your order through the Platforms in accordance with these terms and conditions.

8.2.       Any order placed through the Platforms for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

8.3.       We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the platforms.

8.4.       You agree to provide us with current, complete and accurate details when asked to do so within the Platforms.

9.1.       We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Platforms or in your order, or if you provide us with erroneous or insufficient information in respect of your credit card details, billing information or shipping address. 

9.2.       Each order placed for Products through the Platforms or any other means that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

9.3.       If we reject an order placed through the Platforms, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

10.1.       Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
(a)  the requested Products in that order are not available; or
(b)  there is an error in the price or the product description posted on the Platforms or in any other sales platform in relation to the relevant Product in that order;
(c)  we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
(d)  your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); 
(e)  you have provided us with erroneous or insufficient information in respect of your order including credit card details, billing information or shipping address; or
(f)  that order has been placed in breach of these terms and conditions.

10.2.       If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

11.1.       Orders may not be cancelled once submitted via the Platforms or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please refer to the Contact Us section of the relevant Site from which you ordered and we will endeavor to assist you.

12.1.       Please see the Shipping section on the relevant Site from which you ordered, or intend to order, for more information on our Shipping Policies which form part of these terms and conditions.

12.2.       By using the Platforms, purchasing a Product and accepting these terms and conditions you consent to the terms of our Shipping Policies, noting that each of our brands may offer different Shipping Policies.  

 13.1.       The prices of Products and delivery and other charges displayed on the Platforms are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

13.2.       All prices shown on the Platforms are in Australian Dollars (AUD) unless specifically designated otherwise.

13.3.       We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a)  the purchase price of each Product that is ordered;
(b)  the delivery fee for delivering the Products to you; and
(c)  any other fees and charges set out in these terms and conditions or on the Platforms.

13.4.       All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Platforms are inclusive of GST (unless otherwise indicated). 

14.1.       You covenant and warrant that:
(a)  all information and data provided by you to us through the Platforms (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b)  the person receiving the Products at the Delivery Address is authorised by you to do so;
(c)  you have and will comply with all relevant laws relating to your use of the Platforms and your placement of any order to us;
(d)  you will ensure that your LoginID and password that is used to access the Platforms and the details of your account is kept in a safe and secure manner;
(e)  you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(f)  you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
(g)  you are responsible for any costs associated with your access to or use of the Platforms, including Internet access fees;
(h)  you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Platforms;
(i)  you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Platforms;
(j)  you will check the labels on the Products before use; and

14.2.        You must not:
(a)  use the Platforms for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b)  use the Platforms in a manner or way, or post to or transmit to or via the Platforms any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Platforms;
(c)  make fraudulent or speculative enquiries, purchases or requests through the Platforms;
(d)  use another person’s details without their permission or impersonate another person when using the Platforms;
(e)  post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f)  tamper with or hinder the operation of the Platforms;
(g)  knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platforms;
(h)  use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platforms;
(i)  modify, adapt, translate or reverse engineer any portion of the Platforms;
(j)  remove any copyright, trade mark or other proprietary rights notices contained in or on the Platforms;
(k)  reformat or frame any portion of the web pages that are part of the Platforms;
(l)  create accounts by automated means or under false or fraudulent pretences;
(m)  use the Platforms to violate the security of any computer or other network or engage in illegal conduct;
(n)  take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o)  use the Platforms other than in accordance with these terms and conditions; or
(p)  attempt any of the above acts or engage or permit another person to do any of the above acts.

15.1.       We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

15.2.       Where we are permitted by law (and subject to clause 15.1):
(a)  we do not warrant or represent the suitability of the Platforms or a Product for any purpose; and
(b)  we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Platforms or the Product.

15.3.       Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

15.4.       If we offer an additional manufacturer’s warranty with any Product, the additional warranty will be subject to any express terms and conditions stated to apply to that warranty and will be subject to law.  Where an additional manufacturer’s warranty is offered, please note that our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

16.1.       Unless you notify us to the contrary by email within thirty (30) days of delivery of any Products and such notification is confirmed by return email within seven (7) days of its receipt by us, the Products shall be deemed to have been accepted by you.

16.2.       Please see the Returns section on each of the Sites for more information on our Returns Policies which form part of these terms and conditions. Please note that each of our brands may offer different Returns Policies. Returns for change of mind for Products purchased from a third party retailer must be returned to those third party retailers in accordance with their returns policies and may not be returned to us (with the exception of defective products where required by law).  

16.3.       By using the Platforms and accepting these terms and conditions you consent to the terms of our Returns Policies, as applicable to your order. 

16.4.       Refunds will be processed to your original payment method. Please allow up to 7 days for your refund to appear in your account dependent on your form of payment and financial institution. 

16.5.       Please retain any third-party gift cards or prepaid credit cards for the duration of the return period noting these cards may be subject to the card issuer’s terms and conditions.

17.1.       In connection with the sale of our Products, we (and/or our associated entities) may make available a user Loyalty program, where you can become eligible to: 
(a)  earn rewards dollars (Reward Points) for use towards the purchase of Products; and 
(b)  be entered into prize draws to receive Products, Reward Points and other items.

18.1.       We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Platforms including your participation in the Fusion Rewards Program and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions.

19.1.       If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

19.2.       This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

20.1.       We take your privacy seriously and any information provided through your use of the Platforms are subject to our Privacy Policy, which forms part of these terms and conditions.

20.2.       By using the Platforms and accepting these terms and conditions you hereby expressly consent to the terms of our Privacy Policy. 

21.1.       Capitalised terms used are defined in these terms and conditions. 

21.2.       In these terms:
(a)  “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
(b)  “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
(c)  “LoginID” means the email address that you provided to us as part of the registration process to use the Platforms.
(d)  “Returns Policy” means our policies governing returns of Products.
(e)  “Shipping Policy” means our policies governing the delivery of Products to you. 

© 2022 Munro Footwear Group Pty Ltd