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Terms of Sale

These terms apply if you place an order to purchase items through the website www.omika.com.au. By completing and submitting an order through the website you acknowledge and agree to the following terms (“Terms of Sale”). These Terms of Sale are incorporated into and apply in addition to the website’s general Terms of Use. Definitions outlined in the Terms of Use have the same meaning as in these Terms of Sale.

1. Orders. An order is an offer by you to purchase certain products at the prices indicated on the website. You may place an order for the products by selecting and submitting the relevant details on the order page for that product. Your order may be accepted or rejected for any reason.  We will send you either a confirmation email that your order has been accepted or an email to advise if your order has been rejected. We will also send you an email once the order has been dispatched. Each order we accept from you is a separate agreement between you and us, subject to the Terms of Use and Terms of Sale. For certain products, additional terms may apply of which you will be notified at the time of placing your order.

2. Prices and Payment. All prices, charges, fees, rates and all other payments (such as delivery fees and charges) are inclusive of GST and are stated on the relevant website pages at the time you place your order. You must pay these amounts at the time you place your order by means of either (i) credit card payment (Visa, Mastercard, American Express, Diners Club) or debit cards displaying Visa or Mastercard logos in which case you authorize our designated banking payment gateway to debit your nominated credit card an amount equal to the purchase price and any other charges specified; or (ii) where available, a nominated third party payment gateway such as Paypal Pty Ltd. If there is a problem processing your payment after your order has been accepted, we may cancel your order. We will provide you with a receipt by email once we have processed your payment. Prices and related charges for products may change over time and any special offers may be for a limited time or quantity.

3. Cancellation. If you wish to cancel an order you should contact us immediately on shop@omika.com.au. Orders cannot be cancelled once they have been dispatched for delivery to you. Requests to cancel may not be processed outside the hours of 8am to 1pm (Australian Western Standard Time). Where you cancel an order prior to our acceptance of the order no charges will be payable by you.  However, in all other cases cancellation charges may be payable of an amount representing any expenses we incur in processing and cancelling your order – such as administrative charges, transit charges and any other amount by which we may be (or become) out of pocket due to your cancellation – this may be up to the value of the goods and associated delivery charges. Where we cancel your order due to unavailability or incorrect pricing or description, you will not be charged for the order and any amount already paid by you will be refunded in full. 

4. Delivery. Fees and charges of delivery and the method of delivery will be notified to you at the time you submit an order. Your products may either be delivered to the delivery address via Australia Post’s “safe drop” program or, at your option and additional cost of $1.95, delivered with the requirement of your or an authorized person’s signature. You agree that any person who is present at the delivery address is authorized to accept delivery of the products. No additional delivery charges will be incurred by you without your prior agreement.

Delivery times are stated on the website and are offered as general guidance only.  We endeavor to meet the delivery times stated but this will not always be the case.  You agree that delays may occur, such as where products are not immediately available or for reasons associated with our delivery service providers. In some cases, we may need to change the delivery method and we will notify you if we consider such a change to be significant.  We or our delivery service provider also may need to contact you for additional delivery instructions or to arrange a delivery time. Depending upon the type of delivery service provider, you (or an authorized person) may be required to comply with directions regarding your delivery or be present to accept the delivery.  If you (or your authorized person) are not present at the required time, then the product may not be delivered and you may be charged an additional delivery fee.

We only deliver products within Australia and our ability to deliver to your location is subject to our delivery service providers. We are not responsible for lost or late orders once the products in the order have been dispatched to you. If a product appears damaged at the time of delivery then please contact us immediately at shop@omika.com.au

5. Return of goods. All products come with guarantees provided by the Australian Consumer Law.  You are entitled to a refund for any major failure in the products and compensation for reasonably foreseeable loss or damage you have incurred (if applicable), or to have the products repaired or replaced if they are not of an acceptable quality (and it is not a major failure).

You may also exchange your products for any reason if you post them back to us within seven (7) days of the products being received by you and if you send us an email to shop@omika.com.au as soon as practicable to notify us that you are exchanging products. The products must be returned in original clean condition, unworn and with tags attached. We reserve the right to request any proof of purchase from you. You are responsible for the cost of returning the products, however we provide free delivery for your replacement product (if you are based in Australia). Upon receipt of your returned product, Omika will credit your account with the purchase price of your returned item (original shipping cost will not be credited to your account) and $9.95 to cover shipping of your replacement product (if you are based in Australia), after which you are able to purchase your replacement product.  We will notify you via email once your exchange has been processed. If we are unable to exchange your products, we may give you a credit note instead.

You may not exchange any products with defects which are disclosed to you prior to your purchase for any reason (such as because you change your mind) other than in conjunction with the guarantees under the Australian Consumer Law.

6. Product Liability. To the maximum extent permitted by law: (i) our liability in respect of any Products and any other related goods or services is set out in the Terms of Use; and (ii) all disclaimers of warranties and representations (so far as are relevant) and exclusions of implied terms as set out in the Terms of Use apply in respect of all products and any related goods or services and survive termination of our agreement, whether in whole or in part.

(Updated as at 21 October 2014)



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