Terms and Conditions

Introduction

Welcome to the user agreement for a’qto. In return for allowing you access to this website, we impose and require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms then you must immediately leave this website and you may not use or access our services. These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of retail goods to consumers. You must read, agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy. This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this notice, as they may contain further terms and conditions that apply to you.

New Customer

You may browse our website without registering but will need to become an online customer with us in order to purchase any goods via our website. When you become an online customer your username will be your valid email address and you will be asked to input a password. You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username or password.

Eligibility to purchase

The purchase of products from A’qto is limited only to parties who can enter into and form contracts in accordance with the Australian law. Customers must provide their real name, phone number, e-mail address and other requested information. When providing payment details, customers must warrant that the payment details provided are theirs and are both valid and correct. A’qto is only available to customers who meet our terms of eligibility. Purchases made are for personal use only and must not be resold or used for commercial benefit. A’qto reserves the right to decline any customer order.
You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to update such details when making any subsequent purchase.

Product Description

All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitors, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product. All drawings, photos, descriptive matter, specifications and advertising issued on this website and any descriptions, photos or illustrations contained in a’qto’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.

Purchasing Products

The prices displayed on this site are quoted in AUS$ Australian dollars and are only valid and effective in Australia. Payments can only be made in Australian dollars. The prices include GST at 10% (AUS tax) and are subject to change if the applicable rate of GST changes before your order is accepted.
Any orders you place with us will not be accepted and no contract will be formed between us until you receive confirmation that said goods are available and these goods have been paid for and all applicable charges are paid in full. No payment shall be deemed to have been received until we have received payment in cleared funds. We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided). We reserve the right at all times and at our sole discretion to refuse to accept any orders.

Telephone Sales

We are offering the opportunity for Australian residents only: the ability to order from us via the telephone. You can ring us on 0410 651 573 and we will process your order for you.

Payment

Payment can be made by Visa or Mastercard. Payment will be cleared from your account upon receipt of your order. The credit card you are using must be yours. All credit card/debit holders are subject to validation checks and authorisation by the card issuer. If the issuer of the payment method refuses to authorise the payment, A’qto will not be held responsible for any non-delivery. A’qto takes every precaution to make our site as secure as possible. SSL is used to encrypt and protect the data you send us over the internet to ensure that your details are safe. We do not hold any payment details on record.

Delivery

Any purchases made within Australia will be delivered by Australia Post within 5 working days from the date of purchase. All customers within Australia will be charged a flat rate of $9.00 per delivery.
A’qto delivers to, USA, UK and Europe within 8 working days from the date of purchase. Overseas purchases will be delivered by Australia Post and will be charged a flat rate of $AUD 25.00. Where products are delivered to you in the UK, US or Europe you will be responsible for paying any local sales tax or import duties arising at the delivery destination, which are not included in the price of the products. A’qto will not be held responsible for any additional taxes incurred by your country. Please check your local customs procedures regarding taxes. Prices are quoted exclusive of postage and packing, which will be charged at the rates specified in the delivery section above. Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as practicable. If the products cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.

Warranty

We design and manufacture A’qto products to last the lifetime of the item. A’qto will stand behind its manufacture as we fully warrant to the original purchaser against defects in materials and workmanship. If a product fails due to a manufacturing or materials fault we will either replace it or fix it to reinstate the original function, optionally at our cost. However, this warranty does not include failures of our products that result from accidents, misuse, improper care and or including failure to heed label instructions on washing, or normal wear.

Exchanges

If you have purchased the wrong size and would like to exchange it for another size, please contact us at customercare@aqto.com.au or on 0410 651 573 within 7 days from the date of purchase and you will be sent an email containing a Return Authorisation number and instructions on returning the garment. Once the product is received and has undergone a quality control check to ensure the product has not been worn and that the tags are still in place, the new size will be dispatched. Please note that customers will not be charged additional delivery fees for the exchange.
Should you believe the product is faulty, please contact us immediately to discuss the best course of action. Please do not return products products to us without first contacting us by phone or email. Please note that returned goods will not be accepted without a Returns Authorisation number.

Refunds

Refunds will only be given at the discretion of the management of A’qto.

Acceptable Use

You acknowledge that you are responsible for all communications sent via or to this website and agree your use of this website for private, proper and lawful purposes only.
You will not carry out any act or omission or procure any act or omission which would:
damage, delay, interrupt or impair the use of this website or its software;
Cause any illegal, offensive, defamatory material to be placed on or associated with this website;
Be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or
Cause any inconvenience to a’qto, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').
In the event that you breach any of these conditions, you will indemnify and keep indemnified a’qto, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.

Privacy

Your privacy is important to us. Please note that all personal details provided will remain with A’qto and will not under any circumstances be distributed to third parties. Your details will be kept on a private database for A’qto use only.

Indemnity

You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.

Trade Marks and Copyright

COPYRIGHT (c) All content, including site design, text, graphics and images are the property of A’qto protected by international copyright laws. All rights are reserved. All logos and trademarks are the property of their respective owners. All products are subject to the copyright of their respective owners.
We grant you the following LIMITED license to copy the contents of this website:
You may download or print pages from this web site BUT ONLY for your own personal use AND you may not make any modification to them.
You may re-copy, extract or forward pages from this website to a third party for their personal use only, PROVIDED you:
Do not make any modifications to the extract or pages before re-copying, extracting or forwarding
Acknowledge that the extract is from this website
Include the URL address of this website on the extract
Notify the third party that use and further copying of the extract by them is subject to the terms of this license.
The following acts are forbidden under the limited license granted to you:
You may not incorporate any part of this website into any other work or publication, including incorporation into an electronic work
You may not frame this website within any website controlled by you.

Termination and Suspension

We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
You are in breach of any part of this agreement.
We cannot, for any reason, verify or authenticate any information you provide to us.
We believe that your actions may cause legal liability for us, you, or any other user.

General

This Agreement sets forth the entire understanding and agreement between us.
We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.
Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect. You cannot assign this agreement but we may assign it at our sole discretion.
Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.

Governing Law

Any disputes arising over transactions between A’qto and third parties will be resolved under the laws of Australia. These terms of use are governed by and construed in accordance with Australian law and you agree that the Australian courts will have exclusive jurisdiction for any dispute under this agreement. The laws of your country may be different from Australian law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services. We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.