WEBSITE TERMS OF USE

TERMS OF USE
The website www.jets.com.au / www.jetsswimwear.com (Site) is owned by Jets Swimwear Pty Limited ABN 28 068 819 581 (Owner) and licensed to AFG Retail Pty Ltd ABN 89 133 613 251 (AFG Retail) so that AFG Retail can sell the Owner’s branded garments, including swimwear, to consumers (Products).

The following and the terms found under the headings Privacy and Security sets out the terms on which the Owner and AFG Retail (collectively the Provider) agree to you making use of the Site.

By accessing, browsing and/or using the Site you agree to the following terms and conditions and you agree to use the Site in accordance with all applicable laws.

Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms which are set out either before or after the words where they first appear.

If you do not agree to the following terms you must cease use of the Site.

LAWS AND ENTIRE AGREEEMENT
These terms of use are governed by the laws of New South Wales and you and AFG Retail each irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

The terms on this Site replace all previous representations, arrangements, understandings and agreements between you and the Provider relating to its subject matter and contain the entire agreement between you and the Provider relating to that subject matter.

DISCLAIMER
The content available on the Site is provided on an "as is" basis. The Provider does not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free. The Provider will attempt to keep the content on the Site up to date.

The content on the Site is liable to change at any time.

The Provider does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.

LINKS
The inclusion of a link to another website does not imply that the Provider endorses the linked website, and use of any such link is at your own risk. The Provider does not accept any responsibility or liability for any claims arising out of your use of any such link or of the content on any such website.

COPYRIGHT
The copyright in the content on the Site is owned or licensed to the Provider or one of them. All rights are reserved.

Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Australia) or similar legislation which applies in your location, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or

(b) commercialise any information, products or services obtained from any part of the Site unless expressly authorised in writing by the Provider or one of them.

TRADEMARKS
The images, logos and names on the Site are proprietary marks of the Provider or one of them. All rights are reserved. You must not copy or use those trade marks, unless expressly authorised in writing by the Provider or one of them.

SHOP ONLINE TERMS OF TRADE

PURCHASING
The following terms and the terms found under the headings Privacy and Security, Shipping and Returns and Website Terms of Use sets out the terms on which Product can be purchased by You (being the person whose details are entered in the Billing Information section during the purchasing process) from AFG Retail.

ORDERS
By listing Products for sale on the Site AFG Retail is inviting You to do business with AFG Retail but is not offering to supply any particular Product.

Any order placed by You in the manner described in this Site is an offer by You to purchase a particular Product for the price (including the delivery and other charges) specified on this Site at the time You place your order. You acknowledge that, by placing Your order, You are agreeing to pay for and accept delivery of the Product ordered unless You ask AFG Retail to cancel that order, and AFG Retail sends you written confirmation of the cancellation prior to the Product being dispatched to You.

AFG Retail may change the prices published on this Site at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Site, AFG Retail 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 of the Product description posted on this Site, or an error in Your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia. Within Australia, our policies as to delivery and returns are set out on this Site under the heading Shipping and Returns.

PRICE AND PAYMENT
For each online order, You must pay:

the applicable price expressed in Australian dollars and are inclusive of Australian Goods and Services Tax for the relevant Product as confirmed by AFG Retail; and
the delivery fee and other charges specified on the Site in Australian dollars at that time.

Your order and credit card details are safe and secure. All personal and credit card information provided to the website is secured using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the payment options section of the Site. For further details on data security You should check the section on this Site under the heading Privacy and Security

AFG RETAIL’S LIABILITY TO YOU

The only warranties, conditions or other terms that are binding on AFG Retail are those expressly stated on this Site. To the extent permitted by law, any term concerning the Products or any service that AFG Retail provides to You which might otherwise be implied into or incorporated into these terms for the purchase and supply of Product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.

If a Product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law. (Consumer Guarantee), You have rights and remedies under the Australian Consumer Law. Nothing on this Site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the Australian Consumer Law (ACL).

Subject to the previous paragraph:

AFG Retail will not be liable to You for any loss if caused by a delay in AFG Retail fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this Site, if the delay or failure is caused by anything beyond AFG Retail’s reasonable control;
AFG Retail will not be liable to You for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, and

AFG Retail’s maximum aggregate liability to You whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by You to AFG Retail in respect of the Product or Products for which the liability arises.

PRIVACY & SECURITY

PRIVACY POLICY
Both entities that are the Provider maintain a policy of strict confidence concerning your personal information. Both entities that are the Provider recognize the importance of protecting the privacy of its consumer’s personal information and have developed business practices and the following policy in accordance with the Commonwealth Privacy Act 1988 (Privacy Act). When you register with the Provider you give us your consent to treat your personal information in accordance with this policy. The Provider may occasionally make changes to the policy that follows. For this reason the Provider suggests you access this policy from time to time to get updated information.

WHAT THE PROVIDER COLLECTS
In order to provide you as a consumer with the service you deserve, the Provider collects personal information which includes data:

specifically provided by you
automatically collected by the Provider’s system relating to your visit to the Site such as your IP address
given to the Provider by you when you interact with the Site including filling in forms, questionnaires, surveys, etc
provided for the purposes of a purchase or special offer
about how you use the Site.

If you are under thirteen, obtain permission from your parent or guardian before completing any forms, questionnaires or surveys, accepting special offers or making purchases.

The Provider will use personal information collected to review and assess its product and improve its service. As part of this review your information will be assessed by each of the entities that are the Provider and their agents and consultants.

WILL THE PROVIDER SHARE YOUR INFORMATION WITH OTHER ENTITIES?
The Provider does not sell or rent our clients’ names, addresses, email addresses or other personal information.

In order to maintain and promote the Site and enhance the Providers’ Products and services, the Provider may from time to time contract with selected third parties. As necessary, your personal information may be shared with these third parties, for the purpose of offering you a joint offering. These engagements and the promotion are subject to strict contractual confidentiality obligations. The Provider will not otherwise use or disclose any personal information, unless:

the use or disclosure is for one of the purposes described by this policy
the use or disclosure is required or permitted by law
they believe it is necessary to protect the rights, property or personal safety of another person or either of the entities that are the Provider
the assets or operations of the Provider or either of them are transferred to a third party.

ACCESS
If you wish to access your personal information you may request to see what it is. This request will be subject to any exemptions allowed under the Privacy Act.

If the Provider refuses to allow access to your personal information, you will be informed and given details of what exemptions under the Privacy Act prevent the access. Please note, an access fee may be charged.

ACCURACY
The Provider takes reasonable steps to ensure personal information is accurate, complete and up-to-date. If the personal information the provider has is inaccurate please contact the Provider immediately and the Provider will take all reasonable steps to correct it.

SECURITY
The Provider takes reasonable steps to preserve the security of information sent to them. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).

The Provider regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although the Provider strives to protect such information, the Provider cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.

The Provider makes every effort to follow industry standard security measures to prevent the loss, misuse, unauthorised disclosure and alteration of the information under our control. All financial information is encrypted during transmission, and the Provider’s databases are accessible only to its employees, agents or consultants.

ABOUT COOKIES
Some of the pages on the Site use ‘cookies’, which are small files that may be placed on your hard disk for record-keeping purposes. Like an IP address, a cookie helps The Provider remember who you are. Cookies can make your subsequent visits to the web page simpler and more seamless.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.

Once the Provider receives information from you, via email or any other means, this information is held in a secure environment.

SHIPPING

Please note we only ship within Australia. For more information please contact customerservice@jetsswimwear.com

SHIPPING POLICIES
Within Australia, AFG Retail uses registered Australia Post e-parcel service, whereby AFG Retail can track any purchases easily and in a timely manner. Orders placed on a weekend day, will be processed within 24 hours of the next business day.

As AFG Retail delivers by a registered postal service, a signature is required upon delivery. Therefore AFG Retail recommends You provide an address where You will be located during office hours. If You provide a work address, please include full details including the business and receivers’ name. If nobody is available to sign for Your delivery, a card will be left and the parcel will be taken to a local post office.

STANDARD SHIPPING CHARGES
AFG Retail offers free ‘standard’ shipping Australia-wide for all orders over $200. All orders of less than $200 will be charged $10 Australia-wide. All charges quoted to You are inclusive of Australian goods and services tax. You may be required to pay further shipping charges where a change in delivery date or a change in delivery address is requested by You.

EXPRESS SHIPPING CHARGES
AFG Retail offers ‘express’ shipping Australia-wide for all orders. All orders shipped via ‘express’ shipping will be charged $15 Australia-wide. All charges quoted to you are inclusive of Australian goods and services tax. You may be required to pay further shipping charges where a change in delivery date or a change in delivery address is requested by You.

SHIPPING TIME
For Standard Shipping expect delivery within four business days, provided that orders are placed by 11:00 A.M. Monday – Friday, for in-stock items only.

For Express Shipping expect delivery within two business days, provided that orders are placed by 11:00 A.M. Monday – Friday, for in-stock items only.

Allow two additional days for locations outside of metropolitan areas.

Any delivery date or time specified by AFG Retail is a best estimate only and AFG Retail will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

OWNERSHIP AND RISK
Ownership of and risk of damage of goods will pass to You upon delivery to You at your specified delivery address.

ENQUIRES
Our Customer Service Team is available to assist you. Please make contact with AFG Retail for enquiries relating to our Product at 8 – 18 Bowden Street Alexandria 2015, +61 2 9698 6668 or customerservice@jets.com.au

RETURNS AND EXCHANGE

RETURN AND EXCHANGE
The Return and Exchange terms on this Site are only applicable to Products purchased on the Site. Please contact your retailer for all other returns and exchanges.

AFG Retail’s returns and exchange department operates Monday-Friday from Sydney, Australia.

Email: customerservice@jets.com.au or call +61 2 9698 6668 to obtain a Return Authorization (RA) number.
Once your return or exchange has been approved, you will receive your RA number.
Fill out the returns sheet, sent with your original order or click here to download a copy and send with the returned item/s to:

Jets Swimwear
Customer Service
8 – 18 Bowden Street
Alexandria NSW 2015
Australia
phone: +61 2 9698 6668

Once Your Products are received by AFG Retail, AFG Retail will send you an acknowledgement of receipt of Your returned Products and will inspect them.

Please note that NO returns or exchanges can be made in person.

Please contact our Customer Service Team if you have special requirements regarding the return or exchange of Product.

AFG Retail can not accept COD deliveries.

FAULTY RETURNS POLICY FOR REPLACEMENT, REFUND OR REPAIR
AFG Retail and its supplier Jets Swimwear take great pride in their reputation for quality and we provide the legally required warranty against defects and faults as follows:

Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any 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. This is in addition to any other rights or remedies You have at law in relation to the Product purchased from AFG Retail.

In order to make a claim under the preceding paragraph You must return the Product within 60 days of date of purchase:

in accordance with the protocol in the section above titled RETURNS AND EXCHANGE : and
accompanied by a valid proof of purchase including original invoice

The Product will be inspected upon return and a decision will be made as to whether the fault is the result of Your failure to take appropriate care of the garment (refer to care instructions and information on the Product and this Site) in which event AFG Retail will advise You by email and can choose if it repairs the Product first or simply returns the Product to You.

If any Product is faulty, AFG Retail will gladly reimburse the return postage up to a total value of $10.00 (if original shipping was standard) or $15.00 (if original shipping was express), which may only be applied against the original card of purchase.

GENERAL RETURNS AND EXCHANGE POLICY
If You change your mind, or make a wrong decision, AFG Retail will happily assist You with an exchange or refund, provided the Products:

are in saleable condition
are in their original packaging with all tags, labels & hygienic protector still intact
have not been worn, damaged or washed
are accompanied by a valid proof of purchase including original invoice
are returned up until 14 days from the date of purchase

Refunds are NOT available on sale or promotional items except where the Product is faulty.
Product will be exchanged for other items You choose or refunded to the original card of purchase.

Return shipping to AFG Retail must be via a prepaid & traceable method to ensure safe and documented delivery. AFG Retail takes no responsibility for missing incoming deliveries. The Products are Your responsibility until they reach AFG Retail. Please ensure You package your return to prevent any damage to the items or boxes. AFG Retail is not responsible for any items that are returned to it in error.

The original shipping charges are not refundable, however if You are exchanging for an alternative item, You will not be charged postage for the first exchange. All subsequent exchanges will be charged postage at AFG Retail’s normal rates.

“Win the ULTIMATE JETS Experience” TERMS AND CONDITIONS

The Competition
Entry into JETS Swimwear’s ‘Win the ULTIMATE JETS Experience’ is open to Australian residents who are aged 16 years and over.

Note: Potential winner may be required to present proof of age prior to redeeming their prize.
These terms and conditions form part of your entry to the competition and selecting the checkbox on the entry form of this competition deems acknowledgement of these terms and conditions The Ultimate JETS Experience competition commences on Monday, 16^th April 2012 and will end on Monday, 28^th May 2012.

Late entries will not be eligible to enter. JETS Swimwear reserves the right to extend, withdraw or cancel the competition at its own discretion without an obligation to compensate entrants.

Eligibility
To enter the competition and be eligible to win, entrants must visit www.jets.com.au and sign up to become a JETS VIP member. Entrants must also complete the online entry form and answer the nominated 25 words or less question, ‘What us the first question you would ask Jessika Allen, JETS Design Director, if you had the chance’? All entries must include the correct contact details including name, email and phone number – this information will be used to contact you should you be successful.

All entries must be unique and original and not contain extracts from other published material. JETS Staff and family are not eligible to enter this competition.

The Prize and Winning
There is one prize pool available to the winner. The prizes are:

$1000 JETS shopping spree onsite at the JETS HQ
Fitting and styling session with Jessika Allen
Lunch with Jessika Allen at one of Sydney’s hotspots
2 nights’ twin share accommodation in Sydney CBD
Return flights & transfers

The winning entrant will be selected according to their response to the nominated 25 word question. Selection is at JETS Swimwear’s discretion only and no discussion regarding the criteria for selection process will be entered. JETS will select the best response (one) to the question, ‘What is the first question you would ask Jessika Allen, JETS Owner and Design Director, if you had the chance’ as nominee for the prize.

There will be only one winning entrant nominated. Accompanying ‘friend’ is not defined as a winner of the JETS Ultimate Experience.
The nominee will be contacted via email or phone by Thursday, 31 May 2012. The nominee must confirm their acceptance of the JETS Ultimate Experience within three business days of being contacted. ‘Confirm’ means verbally agreeing on all terms and conditions, stating a date(s) to commence the JETS Ultimate Experience, and nominating the accompanying ‘friend’. If the nominee does not confirm then JETS has the right to select a new nominee and follow an identical process as stated above.

The successful nominee must redeem their prize prior to Monday, 30 July 2012. Redeeming means contacting JETS Swimwear and fulfilling the ULTIMATE JETS Experience. The JETS garments chosen may be up to $1000 (RRP) in total. JETS will use best endeavours to find product to meet the prize value and match personal selection. Final product decision is subject to product availability and at JETS discretion. The prize is based on JETS current Recommended Retail Price (RRP) in Australian Dollars (AUD).

Prizes may not be exchanged, transferred or redeemable for cash. Multiple entries are not permitted. Unused / unclaimed garment value is not redeemable for cash or credit nor is any other portion of the JETS Ultimate Experience.Return flights are only valid from your closest capital city i.e. Brisbane, Melbourne, Canberra, Hobart, and Perth. Winner will need to cover ‘local’ transport arrangements to nearest airport at their own expense. The Winning entrant is responsible for their own personal insurance and liability – this includes all transfers and accommodation. If the winning entrant lives in Sydney then no flights are offered, however they will still receive transfers to and from the twin share accommodation in Sydney CBD – provided that they reside in the Sydney Metropolitan area.

Accommodation may be defined as Hotel or Apartment twin-share accommodation in Sydney CBD - location subject to availability. 4 star accommodation will be sought. Accommodation does not include meals or other accommodation incidentals. The nomination of type of accommodation, transfer, and flights (if applicable) is chosen by Jets Swimwear only.

Privacy
By entering the ‘Win a JETS Ultimate Experience’ competition and accepting these terms and conditions, entrants acknowledge that JETS may publish winner details on JETS social media channels and company blog ‘JETStream’.

Published winner details will be limited to first name and residing suburb or town. Photographs of winner (and accompanying friend) experiencing the JETS Ultimate Experience may also be published on JETS social media channels and company blog ‘JETStream’

By entering this competition you are signing up to become a JETS VIP member. Being a JETS VIP member means JETS will retain your data for future communications. You may view, update or delete this data according to the JETS Privacy Policy.

For further information regarding the JETS privacy policy click here.

Terms & Conditions

SHOP ONLINE TERMS OF TRADE

PRIVACY & SECURITY

SHIPPING

RETURNS AND EXCHANGE