Terms & Conditions

 

YOUR STATUTORY GUARANTEES 

The Australian Consumer Law which is Schedule 2 of the Competition and Consumer Act 2010 (Cth) provides certain statutory guarantees that cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Nothing in this Agreement affects or limits your rights under the Australian Consumer Law or similar legislation applying in Australia regarding statutory guarantees.

You will be entitled (at your election) to a full refund or replacement (provided that a replacement is available in stock) if the goods:

  •  Are faulty, or become faulty within a reasonable period of time after     purchase;
  •  Are unsafe;
  •  Are unfit for a disclosed purpose that was made known to the supplier and   they cannot, easily and within a reasonable time, be remedied to make   them fit for such a purpose;
  •  Are significantly different from the sample or description;
  •  Are of unacceptable quality, or
  •  Would otherwise be treated as a 'major failure' under the Australian   Consumer Law.

Where an issue with the goods would not be treated as a 'major failure' under the Australian Consumer Law, we will (at our election and upon return of the goods by you to us in accordance with the process outlined above):

  •         replace the goods; or
  •         offer to repair the items; or
  •         provide a full refund including the delivery fee.

Replacement products are subject to the same statutory guarantees as the original. Your right to return faulty goods under the Australian Consumer Law (whether for major failures or otherwise) extends for a reasonable period of time after purchase, and there is no set time limit within which a buyer can return faulty goods. This means that the 30 day return limit described under the 'Returns and Exchanges' section above is not applicable where a statutory guarantee under the Australian Consumer Law applies.

 

PURCHASE CONDITIONS

 

Stock

The products shown on this website are only a selection of the Easy Living Footwear range. This collection has been especially chosen for the Easy Living Footwear website store. The availability of our products is in real time; meaning that it is possible that selected products may not be in stock. The Easy Living Footwear Website Store does not accept any responsibility for any lack of stock of any of the models displayed.

Please note that our products change every season. Please note that items in your shopping cart are not reserved and may be purchased by another customer.

How to buy

Easy Living Footwear Website Store uses the following purchase procedure: The item(s) you wish to purchase must be selected and added to the shopping cart by clicking on the corresponding shopping cart icon on this website. The shopping cart will include the reference name of the selected item(s), the name, size and price (including GST). If you continue the purchase procedure, we will show you a summary identifying the item(s) to be purchased, the total price (including GST and shipment costs) and the delivery details and if you agree, you must then accept the order by clicking on the "Submit" button.

After selecting the item(s), you have to fill in an order form. This order form will request personal information and payment information for the purpose of processing the order(s). Please remember that all information fields must be completely accurate in order to avoid confusion or problems in sending the item(s) purchased.

Order confirmation

Once you have made your choice and your order has been placed, you will receive an e-mail message from Easy Living Footwear Website Store confirming that your order has been registered (order confirmation). This order confirmation will, among others, include information such as identification of the item(s) purchased, the total price (including GST and shipment costs where applicable) and the delivery details. If you made an error when placing your order, please contact our Easy Living Footwear Website Store email address at sales@easylivingfootwear.com.au Easy Living Footwear Helpline on 02 6332 3822 (select online), and we will be happy to assist you. However, please always make sure to review your order before placing it. Before submitting your order, you can edit any information you have entered, such as the shipping or billing address or credit card information, or change or delete items in your shopping cart.

If you don't receive an order confirmation, please contact our Easy Living Footwear Web Store address via our Contact form or the Easy Living Footwear Helpline on 02 6332 3822 (select online).

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item or that the item ordered is out of stock. In the event that ordered items are out of stock, you shall be informed by e-mail and any payments will be refunded if the payment was already processed. We will not be liable to you or any third party by reason of our withdrawing any merchandise from this website whether or not that merchandise has been sold; removing, screening or editing any materials or content on this website, refusing to process a transaction.

Pricing policy

Prices shown on this website are in Australian Dollars and include all applicable taxes, with the exception of those that are expressly excluded. All prices and offers remain valid as advertised from time to time. The price of a product displayed on this website at the time the order is submitted will be honored. Order that are designated for shipment to countries outside Australia may be subject to taxes, customs duties and fees levied at the destination country ("Import Fees"). Easy Living Footwear reserves the right to modify its retail prices at any time, except for orders that already have been made.

Payment methods and security

We accept orders at any time, 24 hours a day, every day of the week. Easy Living Footwear will only accept payments made by using credit or debit cards as shown on the payment page. No other form of payment will be accepted. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or delays authorization of payments to Easy Living Footwear, we will not be liable for or accept any responsibility for any delay or non-delivery of merchandise. We take all reasonable care to make this website secure. In order to ensure secure payment transactions, Easy Living Footwear uses a secured payment system. This means that all confidential data (e.g. credit card number and expiry date) are encrypted and transmitted directly, using Secure Socket Layer (SSL) technology, to a secured server.

Furthermore, we will take all reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure. Easy Living Footwear reserves the right to withhold any order for security reasons. Customers affected will be notified. We also reserve the right to cancel an order if we cannot verify the shipment and/or billing details, but we shall notify you if this happens. We further reserve the right not to accept and/or cancel an order if we believe the buyer is obtaining the items for re-sale.

Purchase guarantee

We will only be able to fulfill an order if the delivery address is a usual place of residence or place of employment located in Australia. The items offered through this website are a selection of products from the Easy Living Footwear collection and meet the same requirements in terms of quality and guarantees as those sold through Easy Living Footwear store. Each product is accompanied by the following details:

  • Name of the model
  • Image of the model
  • Sizes
  • Material and Price in Australian Dollars

Easy Living Footwear aims to display the colors of its shoes as closely as possible to the actual color. However, the color of the shoes may be subject to variations depending on the quality of the monitor of your computer. For this reason, Easy Living Footwear cannot guarantee that the colors shown on your monitor are an exact reproduction of the original.

Special offers, promotions and discounts will be valid until the indicated date or no further stock remains whichever is the earliest. Our shoes are guaranteed against manufacturing defects for 1 year, starting as from the day of purchase. This guarantee does not affect or limit your statutory guarantees (see below for further information on your statutory guarantees)

Deliveries and insurance

Easy Living Footwear insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Dispatch times are as follows:

  • In stock: 48 hours.
  • Available in our central warehouses: 7 days. Usually dispatched within one week.
  • Items are dispatched Monday to Friday, excluding public holidays in Australia. The delivery time is between 1 and 5 working days after dispatch. We will use our best endeavors to meet stated time frames for delivery, however many factors (some of them are out of our control) can affect these time frames and we cannot guarantee that they will always be met.

Deliveries will be made to any usual place of residence or place of employment located in Australia.

All deliveries must be signed for on receipt. Once the items have been signed for, they are the responsibility of the consumer. Deliveries are not made on Saturdays or Sundays or in public holidays in Australia. All items purchased from Easy Living Footwear are delivered by using Australia post. In order to prevent problems with deliveries (incorrect addresses, not finding anyone at the address) the corresponding form must be filled in correctly, especially the box with a contact telephone number.

Once your order has left our warehouse, you will be sent an e-mail from Australia Post providing you with the parcel tracking number assigned by Australia Post who are responsible for delivering your item(s). You will be then able to track your order. If you have ordered more than one pair of shoes, we will wait until all items in the order are available before we ship them, as we do not make partial deliveries. All items delivered by Easy Living Footwear remain our property until Easy Living Footwear has received your payment.

Cancellation of orders

You may cancel your order(s) at any time before your order(s) has been sent and receive a full refund. If your order has been sent (i.e. has already left our store) you will have to wait until the order is delivered to you before you can cancel the order, although any such cancellation is subject to certain terms and conditions (see "Returns and exchanges").

To cancel an order before it is sent, enter the section "Your Orders" and enter the order number and e-mail address used. The system will show the order details and if the "Cancel" option is shown, you may click on it to cancel the order. If this option is not shown, it means that your order has already left our warehouse and cannot be cancelled; however, you may return your order once it has been received, subject to the conditions for Returns.

You may also contact our Easy Living Footwear Website Store via our Contact form or call the Easy Living Footwear Helpline on 02 6332 3822 (select online) to cancel your order, provided the order has not already been dispatched.

 

Legal information

This website (www.easylivingfootwear.com.au) is owned by Easy Living Sales & Marketing Pty Ltd. and operated by Easy Living Footwear. (all references to the 'company', 'we', 'ELF Shoes', or 'Easy Living Footwear' will refer to Easy Living Footwear and related businesses. All references to 'you' or the 'customer' refer to the person or persons purchasing or agreeing to purchase goods or services from the company. References to the website includes all URL's owned or licensed by Easy Living Footwear), a company incorporated under Australian law, with its registered office in 94 William St, Bathurst, NSW, 2795, Australia.

ABN - 44875824781

This website and related services are made available to you pursuant to the following Terms and Conditions ("T&Cs") and any other rules on our website. Please read these T&Cs carefully before placing any orders on this website. We recommend keeping a copy of these T&Cs for future reference. By accessing and using this website you agree to these T&Cs, including any changes. If you do not wish to agree to these T&Cs, please do not further access and /or use this website. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to such a campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these T&Cs, these T&Cs shall prevail.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within these T&Cs and our Privacy Policy. If you are under 18, you must inform your parent or guardian about these T&Cs and the of Privacy Policy Easy Living Footwear and they must signify their acceptance of these T&Cs and Privacy Policy before you register to use this website or any of this website's services. We only accept orders from those over 18. Easy Living Footwear reserves the right to amend, modify and/or replace all or part of this website and the information and materials contained on it, as well as these T&Cs. Please check these T&Cs periodically for changes or modifications.

Eligibility to purchase

In order to make a purchase through this website, you will be requested to provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

By making an offer to purchase our products, you expressly authorize us to perform credit checks and, where Easy Living Footwear feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transaction.

Personal information

You agree and acknowledge that according to the Privacy Policy your personal information will be collected, held and used by Easy Living Footwear for the purposes described in the Privacy Policy. Your personal information will also be collected, held and used by Easy Living Footwear Pty Ltd. for the purposes of the processing and delivery of your order. You are entitled to have access to your records containing personal information and request a correction, deletion or addition to your personal information. You are entitled to enforce these rights before Easy Living Footwear Pty Ltd. through the procedure described in the Privacy Policy.

Hyperlinks

We may include hyperlinks on this website to other websites or resources operated by third parties other than Easy Living Footwear, including advertisers. Easy Living Footwear has not reviewed all of these websites linked to this website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Limits on our liability

In no event shall Easy Living Footwear be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due and/or pursuant to your use of this website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. The clause above does not exclude or limit the liability of Easy Living Footwear for anything for which liability cannot be excluded by or limited by law or statute in Australia (including the Australian Consumer Law).

Compensation

At our request, you agree to compensate us fully, defend us and hold us harmless immediately on demand, our officers, directors, agents, affiliates and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these T&Cs by you including the use by any other person accessing this website using your account as a result of your action or inaction.

Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Easy Living Footwear as a result of these T&Cs or your use of this website. You agree that you may not and will not present yourself as a representative, agent or employee of Easy Living Footwear and we shall not be liable for any representation, act, or omission on your part.

No waiver

If you breach the T&Cs and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the T&Cs.

Governing law

These T&Cs shall be governed by and construed in accordance with the laws applicable in Australia. You submit the non-exclusive jurisdiction of the courts exercising jurisdiction in Australia.


Intellectual property rights

All intellectual property rights (including copyright, patents, trademarks, trade names, database rights and design rights) to all of the information and material (including all text logos, graphics and software) provided through this website shall remain the property of Easy Living Footwear or its associated companies, or are used with the consent of the relevant rights holders, and are explicitly reserved. Your use of this website and its contents grants no rights or transfer to you in relation to any copyright, designs, trademarks and any other intellectual property rights relating to the Content (as described in the Content section below), including Easy Living Footwear's software and all HTML and other codes contained in this website. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this website are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Easy Living Footwear. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purpose of viewing the Content for your own personal use.

Content

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website. Although care has been taken to ensure the accuracy of the information and materials on this website, Easy Living Footwear does not guarantee that the Content on this website is up-to-date, complete and accurate or that the Content is free of any defects, errors and/or viruses. Furthermore, Easy Living Footwear does not guarantee that such defects, errors and/or viruses will be remedied or deleted. Moreover, Easy Living Footwear reserves the right to interrupt accessibility to this website for maintenance or updating processes. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Your activity

You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&Cs, we may deny you access to this website on a temporary or permanent basis.