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Nancy Ganz > Terms & Conditions

Terms & Conditions



These terms and conditions apply to the use of this web site, including the purchase of goods or services over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

Terminology

In these terms and conditions, the expressions "we", "us" and "our" are a reference to PVH Heritage Brands Australia Pty Limited ABN 60 168 983 515 manufacturer of the NANCY GANZ range of products.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Ordering Procedure

  • You may offer to purchase goods or services described on this web site for the price specified on this web site.
  • Your order must contain your name, email address, credit card details and any other ordering information specified on this web site.
  • Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
  • You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
  • We are not required to give reasons for rejecting your offer to purchase.
  • If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
  • If we have not responded to you within seven days, your offer will be deemed to be rejected.
  • We give no undertaking as to the availability of products advertised on this web site.
  • Delivery of the goods or supply of the services to you will be effected in the manner described on this web site.
  • Title in the goods does not pass to you until payment has been received in full.
  • Risk of loss or damage to the goods passes to you upon dispatch.
  • Payment must be effected in the manner described on the web site. Prices are exclusive of GST. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services and delivery charges. You are liable for all these charges. We will invoice you for any delivery charges.
  • The goods and services are offered for sale only to persons who can make legally binding contracts.


Availability of Goods from Stockists

The site refers to products or services that are generally available for the purchase in Australia but may not be available in your particular country or locality. The reference to any such products or services in this web site does not imply or warrant that these products or services will be available at any time in your particular locality. If you wish to purchase products or services directly from a NANCY GANZ® stockist, you should check with your local NANCY GANZ® stockist for specific product or service availability in your locality.

If you purchase NANCY GANZ® goods or services from a NANCY GANZ® stockist and you have an issue with the products or services you have purchased then you should raise this with the NANCY GANZ® stockist from whom you purchased the goods or services.

Cancellation Due to Error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and (c) if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Specific Warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods or services acquired from us over this web site will meet your requirements.

Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Copyright

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, communicate to the public, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
  • commercialise any information, products or services obtained from any part of this web site; without our written permission.


Trade Marks

This web site includes registered trade marks owned by us (or our licensors) and trademarks that are the subject of applications for registration by us (or our licensors) including, but not limited to NANCY GANZ insert other trade marks

You must not use any of our trade marks or the name PVH Heritage Brands Australia:

  • in or as the whole or part of your own trade marks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this website).

You must not authorise or assist any person to do any of the acts specified above.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Privacy Policy

We undertake to comply with the terms of our Privacy Policy.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

$20 Sign Up Offer

Nancyganz.com.au $20 introductory offer is valid with any minimum order to the value of $50 or more and can only be redeemed upon signing up to nancyganz.com.au newsletter. This single use code applies to the total transaction amount and cannot be redeemed for cash. To receive the offer, customers must enter their email address on the Nancy Ganz website, upon which they will receive an email with coupon redemption details. Only one coupon code may be used per order.

$20 discount will be spread proportionally across all items in order. If order is refunded, $20 coupon will no longer be valid and value will not be added back to coupon code. If order is partially refunded, customers will receive a refund amount which factors in the portion of discount applied to those products in original order by using $20 discount coupon.

Nancy Ganz | Spring Racing October 2017 Terms & Conditions ("Conditions of Entry")

Promotion: Nancy Ganz | Spring Racing Oaks Day Girls Trip 2017

Promoter: Nancy Ganz t/a PVH Brands Australia Pty Limited ABN 15165485290, 3 - 7 McPherson St, Banksmeadow, NSW 2019, Australia. Ph: 02 9316 2800

Promotional Period:

  • Start date: 18/10/17 at 12:01 am AEST
  • End date: 31/10/17 at 11:59 pm AEST

Eligible entrants: Entry is only open to Australian residents who are 18 years and over.

How to Enter: To enter the Promotion, the entrant must visit facebook.com/nancyganz/, follow the prompts to the Promotion entry page; and fully complete and submit the online entry form with their personal details (first name, last name and email address) during the Promotional Period (“Initial Entry”).

  • Entries permitted: Limit one (1) Initial Entry permitted per person. One (1) entry is awarded per Initial Entry completed. Entries must be submitted in accordance with the entry mechanic above to be considered valid.
  • Total Prize Pool: Up to AUD $2,900.00

Prize Description

  • The prize is an Oaks Day package in Melbourne, Victoria for two (2) adults which consists of the following:
  • two (2) x return economy class flights from the winner's nearest capital city to Melbourne, Australia (only provided if the winner does not reside in VIC);
  • 2 nights' four-star twin share accommodation in Melbourne, VIC;
  • return transfers from Melbourne airport to accommodation (only provided if the winner does not reside in Melbourne);

Number of this prize: 1

Value (per prize): Up to AUD$2,900.00 depending on date and exact point of departure

Winning Method: Draw: computerised random selection - 01/11/17 at 10:00 am AEDT

Prize Conditions:

  • Travel itinerary will be determined by the Promoter in its absolute discretion.
  • This prize is for or relates to the Oaks Day taking place in Melbourne on 9th November 2017 (the “Event”). If the winner is unwilling or unable to travel on the required dates as specified by the Promoter to coincide with the Event, they forfeit the prize in whole and the Promoter is not obliged to substitute the prize.
  • For any winner residing in VIC, all costs associated with travel to/from the Event are the responsibility of the winner and their travel companions for the prize, including any applicable transfers, fuel costs etc.
  • If the winner resides in VIC, flights and transfers do not form part of the prize.
  • The prize is subject to booking and flight availability.
  • Frequent flyer points will not be awarded and do not form part of the prize.
  • Spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description herein, are not included.
  • Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  • The winner may be required to present their credit card at check in.
  • Prize is subject to the standard terms and conditions of individual prize and service providers. The winner and his/her travel companions must depart from and return to the same departure point and travel together.

Winner notification: The winner will be notified by email within one (1) day of the draw.

Unclaimed Prizes: Prize must be claimed by 05/11/17 at 11:00 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 06/11/17 at 10 am AEST at PVH Brands Australia, 3 – 7 McPherson Street, Banksmeadow, NSW 2019, Australia. The winner of the redraw will be notified by email within one (1) day of the redraw. The winner will be notified publicly (and their details published) at http://www.nancyganz.com.au/terms-and-conditions/ on 06/11/17.

  • The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
  • The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  • Valid and eligible entries will be accepted during the Promotional Period.
  • Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  • Draw:
    a) The draw will take place at PVH Brands Australia, 3 – 7 McPherson Street, Banksmeadow, NSW 2019, Australia at 10:00 am AEST on 1/11/17 using computerised random selection.
         i) The first valid entry drawn will be the winner of the prize specified in the Schedule above.
    b) The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
    c) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  • All reasonable attempts will be made to contact each winner.
  • If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the designated time for the Event or at the time stipulated by the Promoter for travel, they forfeit the prize and the Promoter is not obliged to substitute the prize.
  • Entry and continued involvement in the Promotion is dependent on the entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php);and the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php, the Twitter Rules and Policies (https://support.twitter.com/groups/56-policies-violations#topic_236), and the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook and Instagram. The entrant releases Facebook and Instagram and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter and Instagram.
  • The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
  • If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
  • No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.
  • In the instance of a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  • Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at www.pvhbrandsaustralia.com.au/privacy-policy/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
  • For the purposes of public statements and advertisements, the Promoter may publish the winner's surname, initial, State/Territory and social handles if appropriate.
  • The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner and their travel companions may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
  • If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  • If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  • The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
  • The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  • The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or willful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  • The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  • Unless otherwise specified, a prize is a single event for the winner (and their guests) and cannot be separated into separate events or components.
  • The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  • Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  • Authorised under: NSW Permit No. LTP/17/18669.