Please read these terms and conditions carefully before using this website. These terms and conditions apply to all visits and use and purchses made on the site, as well as to the content (as defined hereafter), information, recommendations and/or services provided to you on or through the site. By accessing and using the site, you agree to be bound, without limitation, to these terms and conditions in addition to any other law or regulation that applies to the site, the internet, and/or the world wide web. If you do not agree to these terms and conditions, please immediately leave this site.
Ownership of Content
The site (kristianisabella.com.au) is owned and operated by kristian isabella. All of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, is owned by kristian isabella, its suppliers, its licensors and/or its content providers. All elements of the kristian isabella website, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted by applicable copyright laws or under this or another agreement with kristian isabella, no portion or element of the site or its content may be copied, reproduced in any form or retransmitted via any means and the site, its content and all related rights shall remain the exclusive property of kristian isabella or its suppliers unless otherwise expressly agreed. kristian isabella reserves its right to make changes to, delete, vary or add to the information on the kristian isabella website site or to the services described therein, at any time and without notice.
Copyright and Trademarks
All copyright featured or displayed on the site is owned by kristian isabella. Except as may be otherwise indicated in specific documents within the site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and noncommercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by kristian isabella. kristian isabella does not transfer title to the Software to you. You own the medium on which the Software is recorded, but kristian isabella retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. The products, logos, designs, advertisements, and photographic images and all trademarks, service marks, trade names and photography described or displayed on the kristian isabella website site are the intellectual property of kristian isabella. You may not use, reproduce publish,transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of the kristian isabella website without kristian isabella’s express permission in writing. Any violation of kristian isabella’s intellectual property rights may result in legal action be taken against you without further notice.
All trademarks, service marks and trade names of kristian isabella used herein (including but not limited to: the word mark "Kristian Isabella") are trademarks or registered trademarks of kristian isabella or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the kristian isabella trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the site, without kristian isabellas prior written consent. The use of kristian isabellas trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the site in any external internet site or the creation of links, hypertext, links or deeplinks between the site and any other internet site, is prohibited without the express written consent of kristian isabella.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED ‘AS IS’ AND EXCEPT TO THE EXTENT REQUIRED BY LAW, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
KRISTIAN ISABELLA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT TO THE EXTENT REQUIRED BY LAW, kristian isabella DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
kristian isabella reserves the RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
Limitations of liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WHERE CONDITIONS AND WARRANTIES IMPLIED BY APPLICALBLE LAW CANNOT BE EXCLUDED, kristian isabella LIMITS ITS LIABILITY WHERE AND TO THE EXTENT IT IS ENTITLED TO DO SO. OTHERWISE, NEITHER kristian isabella, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF kristian isabella HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Misuse of the Site
You are prohibited from using the site to post or transmit, any infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the site to advertise or perform any commercial solicitation.
From time to time kristian isabella makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that kristian isabella only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. kristian isabella reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or is otherwise unacceptable to kristian isabella.
kristian isabella will not be liable for any loss or damage (whether direct or indirect) suffered or incurred by you or by any other person whatsoever as a result of the use of the kristian isabella website, or as result of any reliance on the information contained therein in or referred to therein.
To the extent permitted by law, kristian isabella excludes all express or implied warranties in relation to:
a)the accuracy or completeness of any information displayed on or accessible from the kristian isabella website or
b) the quality, standard, merchantability or availability of the goods and services advertised on or accessible from the kristian isabella website.
In respect of any warranties or conditions that cannot be excluded by law,kristian isabella’s liability will be limited, at our election:
a) for goods supplied by us, to: i) the replacement of the goods or supply of similar goods; ii) the repair of the goods; or iii) the payment of the cost of replacing the goods or having those goods repaired; and
b) for services supplied by us to: i) the resupply of the services; or ii) the payment of the cost of resupplying the services.
kristian isabella maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") from persons external to kristian isabella. You should therefore not post any materials on the site or send these to kristian isabella by e-mail or otherwise.
How you can contact us
If you have any questions or comments about the site or any of our services, please make contact. Please refer to contact us link for details on how to do so.
Changes to the terms
We will endeavour to process any orders for products or services via the kristian isabella website as soon as practicable.
Applicable Law and Jurisdiction
These Terms and Conditions shall be exclusively governed by the laws of Australia. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
Where you are using a credit/debit card to pay for your online purchase, kristian isabella disclaims any responsibility or liability for any excess transaction fees on your credit/debit cards from pre-authorization, billing transaction and other transactions. You should contact your financial institution and ascertain if there are any charges in respect to using your credit/debit card online.
Applicable Law and Jurisdiction
Your use of the kristian isabella website and the purchase of any goods thereon is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the non exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out or relating to the use and operation of the kristian isabella ebsite including, but not limited to, the purchase of kristian isabella products.
Review of Terms & Conditions
These Terms and Conditions are subject to change from time to time, such changes to be effective upon posting on the kristian isabella website. Your continued use of the kristian isabella website after any such changes will indicate your acceptance of such changes.
Products & Colours
Please be aware that some colours may vary slightly from what you see on your monitor. We have listed all dimensions on the detailed product information but if you are unhappy with any sizes or colours please email us at firstname.lastname@example.org and we will gladly refund / exchange any items in accordance with our returns / exchanges policy.
Prices displayed on the site are quoted in Australian Dollars.
GST & Taxes
All purchases delivered in Australia will incur the standard GST tax rates.
All international purchases are exempt from Australian taxes; however they may incur taxes and duties applied by customs in the country where the order is delivered. The responsibility for any customs duties, foreign taxes or other fees which may be imposed will rest with the customer. To determine exactly what these charges may be, it may be necessary to call your local customs office to gain further details.
Please note that to comply with Australian export regulations; we are required to declare the exact value of all items ordered and to mark them as dutiable “merchandise". We are also prohibited by law from marking the order as a "gift", even if the order is placed with that intention.
What is "personal information"?
“Personal information” means information or an opinion, in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained from, that information or opinion. It includes information such as your name, address, date of birth and phone number.
Who collects personal information through the kristian isabella website?
What personal information is collected through this website?
The type of personal information that kristian isabella collects about you depends on how you use this website. For example, your personal information will be collected if you:
- - register as a member of the kristian isabella community;
- - enter a competition or promotion offered through this website;
- - complete and send an email query form; or
- - register or subscribe for any other services available through the website from time to time.
If you would like to be on the kristian isabella mailing list, kristian isabella will ask you to actively opt-in.
Use and disclosure of your personal information
Your personal information may be used by kristian isabella:
- - for the purposes explained at the time of collection;
- - to administer a contest, promotion, survey or other site feature and to provide the relevant products or services to you (for example, to deliver prizes you may have won in a competition);
- - to send you information/materials via e-mail or sms-messages about products, offers and news kristian isabella thinks could interest you. This information may relate to products, offers and news of adidas and/or its licensees. kristian isabella only sends you this if you have opted-in to receive kristian isabella e-mails and/or sms messages. In case you do not want to receive any e-mails and/or sms messages from kristian isabella anymore, please refer to the ‘Opt-out’ section below;
- - to analyse visits to the website and learn about the interests of visitors in aggregate and also on a personal level to better understand your interests and needs, so kristian isabella can improve its products and services and deliver to you the type of content, features and promotions that you are most interested in; and
- - for any other purposes required or authorised by or under applicable law (which, in the case of kristian isabella, includes without limitation the Privacy Act 1988 (Cth)).
Your personal information may also be disclosed to web site hosting partners and other parties who assist us in designing and operating the website, executing services (for instance prize fulfillment) or help us analyse collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential.
Otherwise, we will not disclose your personal information to third parties unless:
- - you have consented to that disclosure (for example, at the time you provided us with your personal information);
- - the disclosure is to organisations involved in a proposed or actual transfer or sale of all or part of the business or assets of kristian isabella; or
- - the disclosure is otherwise required or authorised by or under applicable law.
While kristian isabella strives to protect its user's personal information and privacy, it cannot guarantee the security of any information that you disclose online and you disclose that information at your own risk. If you are at all concerned about sending your information over the internet, you can contact kristian isabella by phone, facsimile or in person. Our details are on the contact us page of this site. You can help to protect the privacy of your personal information by keeping your password secret (if applicable) and by ensuring that you log out of the website when you have finished using it. In addition, if you become aware of any security breach, please let us know as soon as possible.
Collection of personal information from third party web pages
At any time you can opt-out of receiving any e-mails and/or sms messages from kristian isabella. If you want to opt-out, please visit the registration page.
Queries, access and correction
We reserve the right at our discretion to make changes to this policy at any time. Please check this page periodically for changes.
Last revised June 2010