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Terms of Service

General

In these terms and conditions, “we”, “us”, “our”, or “Ballettonet” means B WATERS & S WATERS (t/a Ballettonet) (ABN 73 138 669 938).

Access to and use of this website and the goods and services (collectively, the “Services”) available through the website are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should take note of any changes we have made to the Terms of Service.

Access to this site is permofitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We accept no liability if for any reason this Website is unavailable at any time or for any period.

Privacy Policy

Please see our Privacy Policy, which forms part of these Terms of Service and inclusive of all taxes.

Prohibitions

You must only use this website for it’s intended purpose, and must not misuse this website.

You will not hack or attempt to hack this website or any aspect of this service by any means, including, but not limited to, use of tools, viruses, worms, or trojans, or attempt to affect the performance or functionality of the website. You will not post any material that is malicious, offensive or obscene, or infringes upon the rights of any other person. You will not send any unsolicited advertising or promotional material, including “spam”.

Breach of these provisions may constitute a criminal offence under Australian law, and Ballettonet will report any such breach to the relevant law enforcement officials.

Intellectual Property, Software and Content

All information, text, material, graphics, software and advertisements on the Website (“Content”) are copyright of Ballettonet, its suppliers or licensors unless expressly indicated otherwise on the Website. Content on the Website is protected by Australian and international copyright and trademark laws. You must not copy, reproduce, republish, upload to a third party, post, transmit, frame or distribute this content in any way unless expressly authorised by Ballettonet. You must not use the Website in any manner or for any purpose which is unlawful, violates the rights of Ballettonet, or which is prohibited by the Terms and Conditions.

Pricing and availability

All prices quoted in this Website are in Australian dollars (AUD).

Discount Codes and Sale Events

We may, from time to time, offer discount codes which may apply to all, or specific, purchases made through this website.

The conditions of use relating to any discount code will be specified at the time of its issue. Discount codes cannot be redeemed on sale items unless specified during the offer. Only one discount code can be used on each order.

The $10 off coupon code is not valid with the Friend in Fashion capsule collection.

During online warehouse sale events free shipping is offered for all Australian orders over $150. Discounts not valid with any other offer. Loyalty Rewards points can be redeemed. No refunds on sale items. Credit notes offered for returns.

Gift Certificates

All gift certificates are valid from 12 months from the date of issue, as specified on the gift certificate. Any remaining credit remaining on the gift certificate will expire at the expiration of the gift certificate and will not be redeemable.

Gift certificates are not redeemable for cash. 

Orders

Ballettonet reserves the right to refuse or withdraw your order at any time for certain reasons including but not limited to:

  • Product availability
  • An error in the price of the product description on the Website
  • An error in your order: or
  • Other reasons.

We reserve the right to cancel or reject your order if fraud or an unauthorised or illegal transaction is suspected. 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been received and we have emailed to confirm dispatch of your order.

Delivery

Delivery times given on this website are indicative only, actual delivery times may vary depending on the destination. We are unable to deliver to PO Boxes.

We shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising from delivery.

Returns and Exchanges

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. The benefits to you given by our Returns Policy are provided in addition to your other rights and remedies as a consumer.

Ballettonet will, at its sole discretion, repair or replace any defective goods returned in accordance with our Returns Policy. In order to make a claim under our Returns Policy, goods must be returned:

  • to

Ballettonet Returns
PO BOX 5138
Blackburn VIC 3130
Australia

  • in original condition, unworn and unused – please note that shoes will not be accepted with scratched or dirty soles (we recommend that you try on your new shoes for the first time on carpet, just in case); and
  • in the original packaging (shoebox and dust bag), which must be in its original condition.

We will notify you if your claim is accepted. Please note we reserve the right to refuse a return if our Returns Policy has not been adhered to.

You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. We recommend that you return goods by registered post. Please ensure you package your return to prevent any damage to the goods or original packaging.

Please direct any inquiries about our Returns Policy to customercare@ballettonet.co.

Disclaimer of liability

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law. Nothing in this clause is intended to exclude, restrict or modify Ballettonet's obligations under the Australian Consumer Law.

Indemnity

You agree to indemnify, defend and hold harmless Ballettonet, its directors, officers, employees, and affiliates from any and all third party claims, liability, damages, and costs arising from the use of this website, or your breach of these terms of service.

Variation 

Ballettonet reserves the right in its absolute discretion and without notice to amend, remove or vary the services and content of this website.

Invalidity

If any part of the Terms of service is unenforceable, the enforceability of any other part of the terms of service will not be affected with all other clauses remaining in full force and effect.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Ballettonet.

Governing Law and Jurisdiction

These Terms of Service are to be construed in accordance with the laws of Victoria, Australia. In the event of any dispute or claim associated with these Terms of Service or the website, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Victorian courts and Tribunals.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Ballettonet.