Terms & Conditions - Cable Melbourne
Terms & Conditions - Cable Melbourne
In these Terms and Conditions (Terms) "we" and "us" mean GKS STUDIO DESIGN Pty Ltd trading as CABLE MELBOURNE ABN 40 122 801 156, the Website Owner, and "you" means you the customer or site visitor. Please read the Terms and Conditions carefully before placing any orders on www.cablemelbourne.com
These Terms and Conditions together with your order constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply. The contract may not be altered unless agreed to by us in writing or via email.
INFORMATION ON THIS WEBSITE
Cable Melbourne aims to keep content as up-to-date and accurate as possible. Cable Melbourne makes no representation, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of the information contained in the website. While efforts are made to maintain accuracy, the information provided, the website may still contain errors, and Cable Melbourne cannot guarantee its completeness or reliability.
Cable Melbourne does not accept responsibility for any errors, or omissions in the site contents. Although, Cable Melbourne will be pleased to correct any errors displayed on our web pages. Cable Melbourne reserves the right to change or discontinue any aspect or feature of this website.
Cable Melbourne does not accept any liability for any loss or damage suffered (directly or indirectly) by making use of the site's information. Nor can we guarantee that pages will display correctly in all web browsers or that the website will be online at all times. We cannot accept responsibility for events publicised on our site and we advise anyone planning to attend at an event listed to recheck details. Cable Melbourne cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may happen when accessing this website. With any Links posted, the onus is on the visitor and Cable Melbourne is not responsible in any way for any of their contents.
COLOURS
Please note that colours of products will sometimes vary depending on the quality and make of the computer monitors they are being viewed on. Shoes may be returned where the customer finds this colour variation unacceptable in accordance with the Returns Policy.
LEGAL CAPACITY TO TRANSACT
If you are under the age of eighteen (18) years you CANNOT place orders with Cable Melbourne on-line store. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Cable Melbourne suffer any damage or other losses as a result of a transaction entered into by a minor, Cable Melbourne reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Cable Melbourne.
OUR LIABILITY
We will not be liable 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 whatsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any products supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the products(s) in question.
CREDIT CARD FRAUD
Whilst Cable Melbourne employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Cable Melbourne will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an un-authorised manner.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
OUR GUARANTEE
Cable Melbourne strives on providing excellent customer service to all its customers, and we are determined to ensure you are happy and satisfied with your order. If you have any concerns or questions regarding your order please email info@cablemelbourne.com and we will try our best to rectify the situation for you as soon as possible.
PRICES
Cable Melbourne always seeks to list products at competitive prices. Cable Melbourne reserves the right to change prices for products displayed on our online site at any time. The price payable for the Goods shall be THE price applicable on the date the Goods are confirmed as ordered. Advertised prices are in Australian Dollars and are all inclusive of GST. Sometimes typographical or human errors may occur, in which case we will try our best to quickly rectify, but we hold no responsibility for.
GST
Cable Melbourne prices are inclusive of the 10% GST charge on purchases. If purchasing from overseas, the GST will be removed at checkout once the Country is selected.
CURRENCY
All prices shown are in Australian dollars, and all orders will be charged in Australian dollars. A foreign currency ESTIMATE is available for major currencies, which is based on a weekly updated exchange rate taken from www.xe.com
ONLINE INTERNATIONAL SHIPPING DESTINATIONS
We currently ship to Andorra, Argentina, Austria, Belgium, Brazil, Canada, Chile, China, Cook Islands, Denmark, Falkland Islands, Fiji, Finland, France, French Polynesia, Germany, Gibraltar, Greece, Hong Kong SAR, Iceland, Ireland, Isle of Man, Israel, Italy, Japan, Kuwait, Luxembourg, Macao SAR, Malta, Monaco, Montenegro, Netherlands, New Caledonia, Norway, Peru, Portugal, Saudi Arabia, Singapore, South Korea, Spain, Switzerland, Taiwan, United Arab Emirates, United Kingdom, United States, Vatican City and South Africa.
As of Monday 5th June 2023, the Cable Melbourne website will cease shipping to New Zealand.
INTERNATIONAL SHIPPING CUSTOMS, DUTIES AND TAXES
International customers may have to pay import duties and/or customs clearance fees. For information, please contact your local customs office. Country-specific customs duties, taxes and clearance fees are the responsibility of each individual customer. Unclaimed or refused deliveries may incur additional fees.
Please note, Cable Melbourne is unable to refund duties and taxes for international orders that are returned. Depending on the country, you may be able to contact your local customs offices directly for a refund of these costs. Please contact your local customs offices for more information regarding duties and taxes.
As of Monday 5th June 2023, the Cable Melbourne website will cease shipping to New Zealand.
ORDER ACCEPTANCE
Once order placement has occurred, you are engaged in a contract that sees you unconditionally accept the prices and descriptions of the items you have ordered. Once an order has been placed with Cable Melbourne on-line store, you will receive an email confirmation of payment. This email does not promote acceptance of the order, it is simply a confirmation that we have received it.
Unless an order is cancelled by you, the buyer, order acceptance does not occur until Cable Melbourne has emailed you informing you that your order has been dispatched. Once this has occurred, the sale contract has concluded.
If we are unable to obtain authorisation for payment or in the case where we may suspect fraudulent use of credit card - we reserve the right to not accept your order. We also reserve the right to not accept your order if certain shipping restrictions apply for the area of delivery, or if the item ordered is out or stock or withdrawn from sale for any particular reason. In all of these instances you will receive an explanatory email promptly after order placement.
FORCE MAJEURE
Cable Melbourne shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Cable Melbourne and Cable Melbourne shall be entitled to a reasonable extension of time for the performance of such obligations.
OTHER TERMS
We do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances beyond of our control. For further information, about any of the information in this statement, please contact us via email at info@cablemelbourne.com. From time to time we may change the Terms and Conditions on www.cablemelbourne.com, so please make sure you have read our Terms and Conditions at the time of purchase. Your continued use of our site will signify your acceptance of these changes.
Cable Collective Terms & Conditions
1. Introduction
GKS STUDIO DESIGN Pty Ltd trading as CABLE MELBOURNE ABN 40 122 801 156 provides our customers (referred to as the Customer or you) the benefit of our Cable Collective rewards program (Program). These Cable Collective Terms and Conditions (Cable Collective Terms) are incorporated by reference to our terms and conditions located at www.cablemelbourne.com/pages/terms-conditions. These Cable Collective Terms operate as part of and in addition to the Terms, including our Privacy Notice located at www.cablemelbourne.com/pages/privacy-policy, and any other Cable Melbourne terms and conditions and policies. Unless stated otherwise, any capitalised terms in these Cable Collective Terms have the same meaning as in the Terms. By participating in the Program, you agree to be legally bound by the Terms. If you do not agree to be bound by the Cable Collective Terms, you are considered ineligible for the Program and must immediately cease participation in the Program.
2. Eligibility
You will only be eligible to participate in the Program if you are an individual who has provided us with valid, accurate information as set out in clause 3. Employees of Cable Melbourne, and any customer of Cable Melbourne who is eligible for "corporate discounts" or "family discounts", are not eligible to participate in the Program and are not eligible to use or redeem any offers, gifts, benefits or rewards associated with the Program.
As of Monday 5th June 2023, the Cable Melbourne website will cease shipping to New Zealand. Any accrued Cable Collective Reward Vouchers, Birthday Gifts and Welcome to Tier Gifts for New Zealand customers will be forfeited unless redeemed in person at a Cable Melbourne store.
3. Membership
You are deemed to be a Member of the Program if you meet the eligibility criteria as set out in clause 2 and sign up for a profile with Cable Melbourne at one of our Participating Stores or online via the Cable Melbourne Website. Customers who have previously signed up for a profile with Cable Melbourne are deemed to be a Member of the Program if you qualify for a Program tier as outlined in clause 6. When signing up with Cable Melbourne, we will request and record your full name, email address and postcode (and other details may be optionally provided). You may access and update your details via your profile page. Please see our Privacy Notice for further details relating to our collection, use and disclosure of your personal information. As a Member of the Program, you warrant and represent to us that all information provided by you is valid, accurate, complete and current. You may only sign up for one Program profile per person. It is your responsibility to ensure that Cable Melbourne has only one profile for you and Program spend is not transferrable to any other profile or any other person.
4. Changes to your details
You should advise Cable Melbourne of any change of name, address, contact number or email address by updating your Program profile online or in-store, or by contacting us via our contact form at www.cablemelbourne.com/pages/contact-us. If you would like to update your details in-store, you must provide photo identification, acceptable to Cable Melbourne, to change your membership details.
Cable Melbourne is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Cable Melbourne communications and rewards, gifts or benefits or the loss or downgrade of your Program tiers and Program spend.
5. Participating Stores
Participating Store means any Cable Melbourne stand-alone retail stores in Australia and the Cable Melbourne Online Store. This excludes Cable Melbourne stockists worldwide, Cable Melbourne Online Store and David Jones Stores.
6. Tier Calculation
As part of the Program, you will qualify for one of our three Program tiers by purchasing goods at one of our Participating Stores or online via the Cable Melbourne Website in accordance with clause 5.If your spend is not retained over the 12 month period, your tier will be adjusted down accordingly. If your spend continues to increase, your status will be reviewed and accordingly adjusted to your spend. To the extent that the tier has been achieved in connection with a breach of the Terms or otherwise has been incorrectly allocated to you, including as a result of an error on the part of Cable Melbourne, we may adjust your tier classifications to the extent necessary to address the breach or error. If there has been an error in the amount of spend recorded on your Program profile, Cable Melbourne reserves the right to require evidence of the spend and review such evidence in determining whether to adjust your recorded spend and tier classification.
7. Spend Inclusions
Purchases at one of our Participating Stores or online via the Cable Melbourne Website* are included towards your spend in the Program, provided that you identify yourself or your profile details to store staff or log into your profile for shopping online, subject to the exclusions set out in this clause 5. Program spend excludes delivery charges, the purchase of gift cards, and purchases made at Cable Melbourne stockists. Online purchases are included towards your spend in the Program only when the order is despatched. Layby purchases are included towards your spend in the Program only when the Layby is finalised. If you return a purchase or cancel an order, the relevant purchase amount will be deducted from your Program spend. If your new total spend does not allow to achieve the tier you qualified for, you may be demoted.
As of Monday 5th June 2023, the Cable Melbourne website will cease shipping to New Zealand. Any accrued Cable Collective Reward Vouchers, Birthday Gifts and Welcome to Tier Gifts for New Zealand customers will be forfeited unless redeemed in person at a Cable Melbourne store.
8. Program Benefits
Any rewards, gifts or offers communicated as part of the Program, including but not limited to Rewards, Birthday Gifts, Welcome To Tier Gifts or Random Acts of Kindness Gifts may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these terms and conditions carefully. We may require your photo identification in order to verify your identity before a Program Benefit is redeemed. Only the specific Member of the Program that receives our communications is eligible to use and redeem any Program Benefits. Any actual or attempted redemption of Program Benefits by a party other than the intended recipient is invalid and may result in cancellation of your Program profile. All Program Benefits are subject to availability and Cable Melbourne is not liable for any Program Benefits not being available for any reason.Program Benefits do not represent legal tender and cannot be sold, transferred or assigned and are not redeemable for cash, credit or gift voucher. If you return a purchase that was paid for with a monetary offer, the value of the offer is forfeited unless it is a style exchange for a different size. Program Benefits can only be redeemed at one of our Participating Stores or online via the Cable Melbourne Website, and cannot be redeemed at Cable Melbourne stockists. Unless stated otherwise, Program Benefits cannot be redeemed in conjunction with any other offer and may only be redeemed once by the intended recipient. Program Benefits pertaining to reward credit may be used across any number of transactions. Program Benefits cannot be redeemed on freight charges. Cable Melbourne reserves the right to withdraw, cancel or vary Program Benefits at any time, in its sole discretion, without notice. Unless otherwise required by Australian Consumer Law, if you wish to return a purchase where a Program Benefit was redeemed, any Program Benefits redeemed or utilised will be forfeited.
As of Monday 5th June 2023, the Cable Melbourne website will cease shipping to New Zealand. Any accrued Cable Collective Reward Vouchers, Birthday Gifts and Welcome to Tier Gifts for New Zealand customers will be forfeited, unless redeemed in person at a Cable Melbourne store.
Cable Melbourne offers Cable Collective Members a $30 reward credit applied to their Program profile for every $300 spent. This reward is in the form of store credit and cannot be sold, transferred or assigned and is not redeemable for cash, credit or gift voucher. $300 must be the total amount paid by the Member after all discounts and credits have been applied in order to receive the reward. Members must spend $300 in any Participating Store or online via the Cable Melbourne Website*, across any number of transactions. Reward credit can only be used towards your next purchase (not the purchase which earned you to the Reward credit), excluding layby purchases. Reward credit is available to use for 60 days from the date you become entitled to the credit. Reward credit can be accumulated within the 60-day period. There is no minimum spend to use reward credit. Reward credit is available to use on any item in store or online via the Cable Melbourne Website, excluding Gift Cards and layby purchases. Where items are refunded associated credits may be removed from your account.
10. Welcome To Tier Gift
Cable Melbourne may offer a ”Welcome To Tier” gift to Members who based on their purchases level up from their allocated Tier. This is a one-off gift, given at the time of Tier update. The gift will be available for collection from one of our Participating Stores or online via the Cable Melbourne Website* and may vary between tiers. Cable Melbourne may notify eligible Program Members that their Welcome To Tier Gift is available. The gift will be available for collection for 60 days from the date that Cable Melbourne notifies you. Your Welcome To Tier Gift is not redeemable for cash, non-transferrable and there are no returns or refunds on a seasonal gift unless required by Australian Consumer Law. The Welcome To Tier Gift item is at the discretion of Cable Melbourne and is subject to availability. If the allocated gift is not available at any given time/store, a replacement may be given. Cable Melbourne reserves the right to withdraw, cancel or vary Welcome to Tier Gifts at any time, in its sole discretion, without notice.
11. Birthday Gift
All Members of the Program will be entitled to a birthday gift if they have provided their date of birth in their Program profile. If your profile does not include a date of birth, you will not be eligible for a birthday gift. We may request to verify your birth date using photo identification. If you have incorrectly entered your birth date, we may revoke any Program Benefits and terminate your Program profile.
Cable Melbourne may notify eligible Program Members by email that their birthday gift is available. The birthday gift will be available for collection from one of our Participating Stores or online via the Cable Melbourne Website*. The gift will be available for 60 days from the date that Cable Melbourne notifies you. Your birthday gift is not redeemable for cash, non-transferrable and there are no returns or refunds unless required by Australian Consumer Law. The birthday gift item is at the discretion of Cable Melbourne and is subject to availability. If the allocated birthday gift is not available at any given time/ store, a replacement may be given. Cable Melbourne reserves the right to withdraw, cancel or vary the birthday gift at any time, in its sole discretion, without notice.
Each month Cable Melbourne may (but is not obliged to) select one or more Program Members to receive a special Random Acts of Kindness offer by email notification. Cable Melbourne Program Members may be required to make a purchase to be eligible to receive the Random Acts of Kindness offer. If you have opted-out of receiving Cable Melbourne communications, you will not be eligible to receive any Random Acts of Kindness offers.
13. VIP Event Invites
Cashmere Tier Program Members may be eligible for invitations to Cable Melbourne instore events within Australia. These invitations will be sent via email. Cable Melbourne reserves the right to withdraw, cancel or vary the VIP Events at any time, in its sole discretion, without notice.
14. Suspension and/or termination
You may terminate your profile at any time by contacting us via our contact form at www.cablemelbourne.com/pages/contact-us. Cable Melbourne may immediately suspend or terminate your profile, your participation in the Program or the Terms or any part of the Terms without further notice, if we determine, or have reason to believe that you have:
• breached the Terms;
• engaged, or may engaged, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to Cable Melbourne, the Program or your profile;
• engaged in any conduct that is inappropriate or that undermines or damages the reputation or legitimate interests of Cable Melbourne;
• supplied or attempted to supply false or misleading information to our Program;
• actually, or attempted to, sell, assign, distribute, transfer or acquire, any Program Benefits other than in accordance with the Terms;
• acted in a hostile, abusive or aggressive manner towards any Cable Melbourne staff or any other customers in store or online; or become bankrupt.
Where your profile, right to participate in the Program, or the Program is suspended or terminated, any Program Benefits and rights you may have at that time under the Program will be suspended or terminated and will no longer be valid (as the case may be).
15. General Information
A notice or communication shall be deemed to be given by Cable Melbourne to you if it is sent to your postal or email address listed in your profile or by otherwise posting it on our Website or other social media channels.
16. Tax and Duties
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Program, your participation in the Program, any Program Benefits or any other transaction within, or arising out of, the Program.
17. Amendments and Termination
Cable Melbourne reserves the right to amend, change, withdraw or terminate the Program or any part of the Program (including but not limited to any gifts, promotions, discounts and giveaways, the loyalty levels, expiry dates or the way in which gifts, benefits or offers are earned and redeemed) and the Terms (including these Cable Collective Terms), at any time, in its sole discretion without notice, and without any liability whatsoever to you or any third party. If you do not agree with any such variation to the Terms or the Program, you may terminate your participation in the Program by giving Cable Melbourne written notice within 14 days of the variation.
18. Limitation of Liability
To the maximum extent permitted by law. Cable Melbourne will not be liable for any loss (whether direct, indirect, incidental, special, consequential and/or incidental, including financial losses, damages, legal costs, loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, and other expenses of any nature whatsoever), claim, proceedings, penalties, fines, liability (whether criminal or civil, in contract, tort or otherwise) that is suffered or incurred by you, arising out of or in connection with, these Cable Collective Terms or the Program Benefits or the act, omission or negligence of Cable Melbourne, including but not limited to:
- Any error in recording or calculating your Program spend or tier classification; and
- Any failure to or delay in delivering a Program Benefit for any reason, including due to your provision of incorrect details (including email address and postal address).