Acceptance

The "www.applebottoms.com.au" and "www.applebottoms.co.nz" websites are operated by ClassicStingray Pty Ltd (ABN 42 130 808 463). Your use of the websites is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions. ClassicStingray Pty Ltd reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended. They are for your protection and outline our obligations to you, the client.

Capacity

The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

It is your responsibility to provide ClassicStingray Pty Ltd with true, and accurate and current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or ClassicStingray Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClassicStingray Pty Ltd has the right to refuse use of the service.

Products - Pictures, Images and Displays

ClassicStingray Pty Ltd attempts to display the goods as accurately as possible. Due to many factors including colouring varying from screen to screen and from screen to printer, changes in colour styles and photographic equipment used, ClassicStingray cannot guarantee that the colours in the product you receive will 100% match the colours you see on our website. Please make sure that you read the colour code of the item before purchase as photographed items may be of sample stock which is displayed to show the style of the clothing rather than the colour.  If this is has been used ClassicStingray will note within the description of that item that this photo is not of the colour you will receive. The colour shown may not be available.

Orders

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. ClassicStingray Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with ClassicStingray Pty Ltd only comes into existence when it forwards confirmation of receipt of your order and payment and advises you that your order has been shipped. If your order is cancelled, ClassicStingray Pty Ltd will notify this action using the details provided with the order.

All orders are subject to the availability of stock. If you have any queries about your order, please contact info@applebottoms.com.au

Payments

Payments can be made online using Visa, Mastercard or by PayPal. Cheques and Money Orders (Australian Only) can be accepted if posted (with a copy of your order including order reference) to ClassicStingray Distributions, PO Box 1211 Archerfield, QLD 4066. Monies can also be transferred via direct deposit. Contact info@applebottoms.com.au for these details. Orders will not be accepted until the cheque or money order or other monies has been received, processed and cleared.

ClassicStingray Pty Ltd may take steps to verify that the order and credit details are bona fide. We thank you for your cooperation with this effort.

Prices

All Prices are in Australian dollars (AUD) and must be paid in Australian Dollars and do not include postage. Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Prices displayed on this website are inclusive of GST (Goods and Services Tax) applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

Delivery

Unless specifically stated, all orders will be dispatched within 2 – 3 working day hours once payment has been confirmed. Your order will be delivered via Australia Post and should be received within 7 working days from when it is dispatched. Overseas customers, please allow at least 10 working days. All items will be posted using Australia Post rates. All postage will be charged upon purchasing. The delivery times are indicative only and ClassicStingray Pty Ltd will not be liable for any failure to observe these delivery times. We cannot accept responsibility for delays in delivery due to unforseen circumstances including those associated with labour and environmental conditions.

If there are any delays ClassicStingray Pty Ltd will notify you and you have the option of changing or cancelling your order

It is the responsibility of the customers to inform ClassicStingray Pty Ltd in writing if an order does not arrive after 14 days. Once we learn an order has not arrived by this time we will lodge an enquiry to Australia Post. ClassicStingray Pty Ltd will not be held liable for any loss or damage resulting from delivery. You should consider whether to obtain any suitable insurance.

Please note that if an item has been lost in transit a replacement item will not be dispatched until a full investigation has been completed.

a)        The title to the goods will remain with ClassicStingray.

b)        The risk in the goods will pass to the Buyer on delivery to the Buyer or its agents immediately upon delivery between the Buyer and ClassicStingray will be fiduciary.

d)        The Buyer will hold the goods as bailee for ClassicStingray and will keep the goods in such a way that they are readily identifiable as goods of ClassicStingray.

e)        The Buyer is at liberty to sell the goods in the ordinary course of the Buyer’s business on the agreement that any proceeds of such sales are held by the purchaser on trust in a separate account for the vendor until such time as the vendor has been paid for the goods in full.

f)         The Buyer will not be an agent of ClassicStingray in any sale of the goods by the Buyer.

g)         If the Buyer defaults in paying the whole or any part of moneys due to ClassicStingray or being a company commences to be wound up or is placed in administration or a receiver is appointed or an encumbrancer takes possession of its undertaking or property or any part thereof or being an individual becomes insolvent or bankrupt or commits an act of bankruptcy it will be lawful for ClassicStingray without previous notice to retake possession of the goods and for that purpose to enter upon any premises in occupation of the Buyer or any other place where the goods may be

h)        In the event of defaults referred to in (g) hereof the Buyer shall on notice from ClassicStingray thereafter keep the goods separate from other goods and the proceeds of any sale by the Buyer thereafter shall be held in a separate account in trust for ClassicStingray and shall not be mingled with other money nor placed into any overdrawn account.

Refunds

The circumstance in which ClassicStingray Pty Ltd is obliged to make a Refund is detailed in this section. This section only applies for items purchased online from the Apple Bottoms Australia website (www.Applebottoms.com.au). For all returns, please email returns@applebottoms.com.au with the following details: your name, invoice number, product code, product name, reason for return, and request for replacement, exchange or refund. If exchanging the item you may select an alternative product, however if the replacement item is priced higher than the purchase price of the item to be exchanged, you will be required to pay for the difference plus postage and handling.

Depending on the circumstances, ClassicStingray reserve the right to replace or exchange the returned items instead of refund. After this email has been received a Return Authorisation Number (RAN) will be given to you. This RAN is to be written on the outside of the returned package as well as on the paperwork returned within the package including the address that the returned / exchanged item needs to be returned to. Failure to include the RAN with the product may result in delayed or nil action in regards to the replacement, exchange or refund of items. Any additional shipping charges associated with the replacement / exchange will be at your cost. It is recommended that products are insured as ClassicStingray Pty Ltd will not be held responsible for any items lost / damaged in the post.

When you place an order with www.applebottoms.com.au or www.applebottoms.co.nz you are required to provide a valid e-mail address which we will communicate with you, if needed regarding the order. In the unlikely event we cannot supply your order we will notify you via e-mail and a full refund will be processed immediately using the original method received.

ClassicStingray Pty Ltd are happy to refund the purchase amount (excluding postage and handling) provided the items are returned by registered mail in their original condition including tags, within 14 days from receipt. Only products that are in their original condition will be refunded, replaced or exchanged. Any products that have been used, worn, soiled or damaged will not be refunded. ClassicStingray Pty Ltd has the right with Items returned due to manufacturing faults to either repair or replace such items. Items which have jewels and other embellishments which may fall off during the lifetime of the garment is usually considered fair wear and tear and as such will not be a basis for a refund.

Exceptions to returnable products (unless faulty) include products offered on sale, swimwear, lingerie and pierced jewellery. Sale of these items are considered final.  Refunds will not be given for diamontes or other embellishments which fall off the clothing items or chains which break. These have been added to the clothing as decoration and should be expected to come off or break on the clothing over time. 

Please follow the directions for care of your garment, pay particular attention to care instructions for cotton/polyester garments, print areas and embroidery. Do not iron your print! Do not bleach your print!. If you are unsure please contact us for guidelines

ClassicStingray Pty Ltd will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if ClassicStingray Pty Ltd has been advised of the possibility of such damages. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of ClassicStingray Pty Ltd for any breach of such term, condition or warranty shall be limited, at the option of Classicstingray Pty Ltd, to any one or more of the following:

1. the replacement of the goods or supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
4. the payment of the cost of having the goods repaired; and

 Confidentiality

 The information supplied is strictly confidential. This information will only be used by ClassisStingray Pty Ltd and/or Apple Bottoms.  We do not reveal, disclose, pass on or sell your information to anyone else.

While the information contained in the website is believed to be accurate and current, it is provided by ClassicStingray Pty Ltd in good faith on an "as is" basis. ClassicStingray Pty Ltd, it's directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

The website may contain links to websites not maintained, controlled or associated with ClassicStingray Pty Ltd and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. ClassicStingray Pty Ltd will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.

You agree not to reproduce, resell, adapt, perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any portion of the site or services, or access the site or service without the specific prior written consent of ClassicStingray Pty Ltd.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site.

ClassicStingray will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

ClassicStingray Pty Ltd does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. ClassicStingray Pty Ltd will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on ClassicStingray Pty Ltd, it shall be limited to the cost of re-supplying that information.

Applicable Law

Nothing in these Terms & Conditions affects your statutory rights as a consumer.

This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia.