Site info & policies
Introduction
Welcome to viaalley.com and thank you for visiting and shopping with us. These site info & policies govern the use of viaalley.com (”the web site”) and the purchase of any goods from it. The web site is owned and operated by Gitzz Pty Ltd ABN 75 114 057 859 (”Gitzz”).
If you need more assistance you can always email us at info@viaalley.com.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this web site you agree to be bound by its terms, conditions, disclaimers and limitations of liability (”Site info & policies”). Gitzz reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the web site, you acknowledge that you have read and understood these Site info & policies.
Limitation of Liability
In no event will Gitzz be liable for any damages arising out of, based on, or resulting from your use of the viaalley.com web site, to the maximum extent permitted by applicable law.
By continuing to use the viaalley.com web site, you acknowledge and agree that Gitzz is not responsible or liable for:
(i) any content, including without limitation, any infringing, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content; or
(ii) any third party conduct, transmissions or data, to the maximum extent permitted by applicable law; or
(iii) any viruses or other disabling features that affect your access to or use of the viaalley.com web site.
Disclaimer
The information contained on the website is provided by Gitzz in good faith. To the best of Gitzz’s knowledge, the information is accurate and current. However, Gitzz and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders (”Gitzz’s Associates”) do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Gitzz disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gitzz makes no warranty that this web site, any information or ideas contained on this web site or any products or services will meet your requirements.
You expressly acknowledge and agree that Gitzz does not control other users of this web site, the providers of information or ideas to this web site or the suppliers of goods and services purchased from this web site, and Gitzz is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that Gitzz will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the web site.
Copyright
Copyright in the viaalley.com web site is property of Gitzz. Material on this web site also comprises copyright material, trademarks and registered trademarks which are the property of Gitzz and third parties. This property may only be used for the purposes of browsing the viaalley.com web site and acquiring goods and services of viaalley.com
Information provided by you
If you purchase goods and services from viaalley.com or create a membership account with us, we may require you to provide your name, address, e-mail address, credit card number or other details (”customer information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Gitzz with current, complete and accurate customer information when asked to do so by the web site or an employee of Gitzz.
Our Privacy policy constitutes part of these Site info & policies:
Privacy policy
We treat all customer information in accordance with our Privacy Policy. At viaalley.com, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don’t do with your details.
Information you provide us
For Gitzz to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.
Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with viaalley.com, this is provided through the use of Cookies.
What are cookies?
Cookies are alphanumeric identifiers that are placed on your computer’s hard drive through your web browser. Cookies enable our systems to recognise your browser and welcome you back to the Store.
By disabling cookies, you will not be able to participate in some of the features offered by viaalley.com Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.
We recommend that you leave your Cookies enabled, otherwise you will not be able to shop with us.
Our cookies don’t send us back any information about your computer or any other information on your hard drive.
How do we use the information
Information that you have provided us will be used in four ways:
1. To enhance your shopping experience
2. To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message
3. To communicate issues or opportunities regarding the business or operations of Gitzz or any of its subsidiary organisations
4. To generate a holistic but anonymous view of the viaalley.com customer base. This information will allow us to analyse trends and demographics to help viaalley.com improve on the services provided
It is important to note that we send periodical communications to people who have “opted in” to receive email updates about products and special offers, and retain the right to inform our customers of changes in our business operations from time to time. We intend to honour our members’ rights to privacy and do not set out to “spam” our members in any way.
Disclosing your information
Partners
Third party companies and individuals have been engaged to perform functions on behalf of Gitzz. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.
Authorities
Gitzz will pass on any information relating to suspected fraudulent activity to appropriate authorities
Partner Stores
With organisations that we operate but do not own, your information will not be shared with that business.
Other subsidiaries of Gitzz Pty Ltd
Your information may be shared with businesses that we operate and own.
Industry Groups
From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.
Verification of Members
We do use various details to verify information given to us by our members. At times, we use:
- names on member accounts to compare with information on credit cards
- member phone numbers and email addresses provided to us to communicate with customers about payments
- member addresses to check against credit card billing addresses etc
In cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities. Many of these checks are done manually and communication is handled carefully by a member of Gitzz.
Lost login and Password details
All information is kept private. Many members often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their “Password reminder” rather than the actual password being given out.
Children’s privacy
It is important that any information provided or purchases made by children have the consent of parents or guardians.
Product information
Prices of goods and services and delivery and other charges displayed on the viaalley.com web site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the web site is accurate, complete, reliable, current or error free.
Placing and accepting orders
Orders will not be dispatched until payment in full has been received and viaalley.com is satisfied with the integrity of the order.
Without limiting the operation of any other Site info & policies herein, viaalley.com is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us (”your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation
1. Cancellation by us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Site info & policies herein, we will not be held liable for loss or damage arising from the exercising of these rights.
2. Cancellation by you
If you need to cancel an order, please e-mail us immediately at info@viaalley.com. Our agreement with you only comes into existence once we have both confirmed your order and your payment have been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver products by the estimated delivery date.
It is the responsibility of the customer to inform viaalley.com if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge inquiries with Australia Post to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.
Without limiting the operation of any other Site info & policies herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Site info & policies herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Site info & policies herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
International delivery
International airmail orders are traceable to the point where they have left Australia. The delivery of these orders are subsequently reliant on overseas postal services. Via Alley will provide as much assistance as possible in tracing misdirected items but cannot be responsible for items lost by overseas postal services. If you require insurance, please email us at info@viaalley.com for a quote for this service.
Returns and exchanges
We will only exchange in the form of a Via Alley credit note/voucher. Please note: our returns and exchanges policy excludes all sale items. If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.
Except where required by law, all returned products must be:
1. Unused, unopened and in original condition
2. Undamaged
3. Returned within 7 days of delivery (within Australia) and 14 days of delivery (for international orders)
4. In a saleable condition upon return
IMPORTANT - The returned package MUST be postmarked within 7 (within Australia) or 14 (international) days of the original date of purchase or Via Alley will refuse the return.
In the event of a return by you or the recipient of a gift, we will exchange or refund in the form of a Via Alley credit note/voucher. However, you will pay the delivery costs of the return to viaalley.com and re-delivery to you. We will not refund initial delivery, wrapping and other fees.
Products that were purchased in conjunction with a promotion and were subsequently delivered with a Free Gift, must be returned with that Free Gift to receive a full refund for the original item purchased. If the original item is returned without the Free Gift, the value of the gift will be charged to the purchaser via the original payment method.
Goods Damaged or Faulty on Delivery
Except where required by law, you must return damaged goods within 7 days of receipt (7 days if in Australia, 14 days for international customers). If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient’s responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.
In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will dispatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to viaalley.com.
Returns and Refunds of items paid for by Gift Vouchers/Gift Certificates
For gifts purchased using a viaalley.com Gift Voucher/Gift Certificate (or any part thereof), the amount paid by Gift Vouchers/Gift Certificates will be refunded in the form of a Via Alley Gift Voucher/Gift Certificate, the remaining amount will also be refunded in the form of a Via Alley Gift Voucher/Gift Certificate/credit note.
Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to viaalley.com. Please allow up to 30 days for refunds to be processed upon our receipt of goods.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Gitzz and Gitzz’s Associates which relate to or are incidental to any transaction.
You agree to indemnify and hold Gitzz harmless from and against any and all claims, loss or expense that may be incurred by Gitzz or Gitzz’s Associates which relate to or are incidental to the performance of its duties as described in these Site info & policies including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Gitzz or Gitzz’s Associates harmless from any claim made by any third party due to or arising out of your use of this web site, the violation of these Site info & policies by you, or the infringement by you, or other users of this web site using your membership account, of any intellectual property or other right of any person or entity.
Should you object to any of these Site info & policies (including any subsequent amendments), you must immediately discontinue using this web site.