Terms and Conditions

This section contains the Terms of Use (“Terms”) that apply to the entire website under the top level domain name of philippeperzi.com (“Website”) and to any contracts entered into with Crossing Holdings Pty Ltd Trading as Philippe Perzi Vienna (ABN 64 758 143 308).

Your use of the Website constitutes your agreement to abide and be bound by these Terms, regardless of whether you create an account with Philippe Perzi Vienna or make a purchase. If you do not agree with any of these Terms, please do not use the Website.

Philippe Perzi Vienna reserves the right to add to, delete or change these Terms periodically and without notice with revisions posted to this page. By continuing to use the Website, you agree to be bound by these revisions. We are not obliged to notify you of any changes but will endeavour to alert you to any significant changes.

While we encourage you to familiarise yourself with our Terms and Conditions set out below, please do not hesitate to contact us (info@philippeperzi.com) should you have any questions.

Please also refer to the following links for our Terms relating to Shipping and Returns and Exchanges.

Secure Access to Philippe Perzi Vienna

Philippe Perzi Vienna may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms. Philippe Perzi Vienna has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Philippe Perzi Vienna of any unauthorised use of your password or identification or any other breach or threatened breach of this Website’s security.

Placing Your Order

You may place an order with Philippe Perzi Vienna by completing the order form on the Website and clicking the “Place Order” button.

When you place your order, we will issue you with an order number that will be sent to your designated email address. By placing an order, you make an offer to us to purchase the product on these Terms.

Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any products.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. The contract between Philippe Perzi Vienna and you will only be formed when we send you the Dispatch Confirmation.

If we cannot process or accept your order after payment is received we will contact you by email or telephone.

Philippe Perzi Vienna reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Payment

If you decide to purchase a shirt or other product from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.

Credit Card Fraud

Philippe Perzi Vienna, through our payment gateways, PayPal and eWay, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. Philippe Perzi Vienna, however, 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 unauthorised manner as a result of using this website.

Supply Of Products

Subject to these Terms, we will supply to you the Products indicated on your order confirmation.

Philippe Perzi Vienna select the finest Italian fabrics from a wide range of colour palettes and patterns and we have done our best to display as accurately as possible the colours and patterns of the fabrics shown on the Website. As the colours you see can vary depending on your monitor, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

To assist with tracking the progress of your order you will receive the following communications:

  • an email confirming the products ordered, their cost and the shipping charges (if any);
  • an email from our banking system at the time your credit card is charged including the total amount charged;
  • an email when your goods are dispatched.

For stock purposes, each item requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.

Force Majeure

Philippe Perzi Vienna shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Philippe Perzi Vienna, and Philippe Perzi Vienna will be entitled to a reasonable extension of time for the performance of such obligations.

Your responsibilities

You agree not to post or transmit to the Website any material which:

  1. is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary or is not properly licensed for use on this Website;
  2. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person,
  3. constitutes or encourages an illegal act, including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world
  4. infringes on the rights of a third party in any country in the world; or
  5. has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).

You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.

Copyright and Trademark

You must comply with all proprietary and copyright notices on this Website. This Website is owned by Philippe Perzi Vienna and subject to copyright. The information on this Website is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means: (a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; (b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or (c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Philippe Perzi Vienna.

All trademarks, logos, brands and names appearing on this Site are the property of their respective owners.

Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Philippe Perzi Vienna.

Third Party Sites

This site may contain links to third party sites. Philippe Perzi Vienna is not responsible for the condition or content of those sites as they are not under our control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Philippe Perzi Vienna of the sites or the products or services provided on the site.

You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.

Disclaimer and Liability

The materials and information provided on this Website and related communications are provided on and “as is” basis. Philippe Perzi Vienna assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site.

Philippe Perzi Vienna, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.

General

You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Philippe Perzi Vienna. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

Under the Australian Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Philippe Perzi Vienna for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Philippe Perzi Vienna, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).

Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

Philippe Perzi Vienna reserves the right to change the Terms at any time.

No Philippe Perzi employee or agent has the authority to vary any of the Terms.

Governing law and severability

This contract will be governed by the laws of the New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.