This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products (the “Products”) from Salsa Shoes AU using the www.salsashoes.com.au website. Salsa Shoes AU reserves the right to change these terms and conditions without prior written notice at any time, at Salsa Shoes AU’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.salsashoes.com.au website.
Salsa Shoes AU is a subsidiary of Morena Dancewear Pty Ltd (ABN 69125965675)
PLEASE NOTE THAT ESTIMATED DELIVERY TIME FOR PRODUCTS VARIES DEPENDING ON AVAILABILITY OF PROCUDCTS IN-STOCK. PLEAE CONTACT Salsa Shoes AU for MORE INFORMATION.
PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS WEBSITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE, FOUND IN SECTION 13.
AS FURTHER DISCUSSED IN SECTION 11 OF THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, SALSA SHOES AU DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM
THIS WEBSITE AND SALSA SHOES AU'S LIABILITY IS LIMITED AS PROVIDED IN THAT SECTION.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Salsa Shoes AU over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by Salsa Shoes AU as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“Submit Order”] button), such order will constitute an offer from you to Salsa Shoes AU to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Salsa Shoes AU until accepted by Salsa Shoes AU. Salsa Shoes AU’s acceptance of your order is evidenced by return e-mail from Salsa Shoes AU indicating that your order has been accepted.
Salsa Shoes AU reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Salsa Shoes AU will issue a full refund.
All prices quoted are payable in Australian Dollars. Although Salsa Shoes AU strives to provide accurate product and pricing information, errors may occur. Salsa Shoes AU reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Salsa Shoes AU cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product s acceptance thereof. If there is such an error in pricing, Salsa Shoes AU will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
6. PAYMENT TERMS
Terms of payment shall be determined at Salsa Shoes AU's sole discretion. Payment shall be made using PAYPAL.
7. PRODUCT AVAILABILITY
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Salsa Shoes AU may revise or cease to make available any Products at any time without prior notice. In the event that Salsa Shoes AU is unable to deliver you a Product ordered due to lack of availability, Salsa Shoes AU will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Salsa Shoes AU may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
8. SHIPPING & TAXES
Salsa Shoes AU will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Salsa Shoes AU are estimates only. Salsa Shoes AU shall not be responsible for any damages or costs resulting from any delays in delivery.
9. OWNERSHIP & RISK OF LOSS
All Product(s) purchased from Salsa Shoes AU are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Salsa Shoes AU of the Product(s) to the third party delivery company.
All Product returns are subject to the Salsa Shoes AU's Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, SALSA SHOES AU DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.IN NO EVENT WILL SALSA SHOES AU BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY SALSA SHOES AU OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.SALSASHOES.COM.AU PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SALSA SHOES AU.
CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For the purposes of this Section, “Salsa Shoes AU” shall include Salsa Shoes AU’s affiliates and Salsa Shoes AU’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This Section shall survive the termination or expiry of this Agreement.
12. GOVERNING LAW AND JURISDICTION
This website and its server are physically located within the state of New South Wales of Australia. This Agreement shall be construed and interpreted in accordance with the laws of NSW and the laws of Australia applicable therein and shall be treated in all respects as an Australian contract, without reference to principles of conflict of law.
13. DISPUTE RESOLUTION & INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect, which Code of Procedure, as in effect or replaced from time to time, is incorporated into and forms an integral part of this Agreement.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or state, in respect of any matter whatsoever relating to this Agreement including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in this Agreement or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND SALSA SHOES AU BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Injunctive Relief and Provisional Relief Notwithstanding the provisions in this Section 13, the National Arbitration Forum's Code of Procedure or any other provision of this Agreement, Salsa Shoes AU shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade- mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
14. EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Australia. You agree to comply at all times with all such laws and regulations. You will defend and hold Salsa Shoes AU harmless against all claims, damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
16. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the express written consent of Salsa Shoes AU.
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
19. ENTIRE AGREEMENT This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Salsa Shoes AU relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Salsa Shoes AU making such amendments or modifications available to it pursuant to this Agreement.
20. NO WAIVER
The failure of Salsa Shoes AU to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Salsa Shoes AU to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
21. ENGLISH LANGUAGE
You expressly agree that this Agreement and all ancillary documents be drafted solely in English.