Terms & Conditions

PERSONAL INFORMATION

 

You may choose to provide personal information (such as your name, address, telephone number and email address) on this Web site. Here are some of the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.

CONTACT US

If you email us through the “Contact” link on this site, we ask you for information such as your name and email address so we can respond to your questions and comments. You may choose to provide additional information as well.

EMAIL NEWSLETTERS

If you would like to receive company email newsletters from the SoBe Shirts, we ask for your name and email address so we can send you the newsletters.

QUESTIONNAIRES AND SURVEYS

We occasionally may ask visitors to our Web site to complete online surveys and opinion polls about their activities, attitudes and interests. These surveys help us serve you better and improve the usefulness of our site. In conducting these surveys we may ask you for your name and email address.

NON-PERSONAL INFORMATION

We collect certain aggregate and non-personal information when you visit this Web site. Aggregate and non-personal information does not relate to a single identifiable visitor. It tells us such things as how many users visited our site and the pages accessed. By collecting this information, we learn how to best tailor our Web site to our visitors. We collect this information either through “cookie” technology or with “web beacons,” as explained below.

COOKIES

Like many companies, we use browser cookies on this Web site. Browser cookies are bits of text that are placed on your computer’s hard drive when you visit certain Web sites. We use browser cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor and to help us identify site features in which you may have the greatest interest. Browser cookies may enhance your online experience by saving your preferences while you are visiting a particular site.

The “help” portion of the toolbar on most browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie, and how to disable existing browser cookies. Remember though, without browser cookies, you may not be able to take full advantage of all our Web site features.

INFORMATION WE SHARE

We do not sell or otherwise disclose personal information about our Web site visitors, except as described here. We may share information provided by our visitors to miamilive.com.au with service providers we have retained to perform services on our behalf. These service providers are contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements. In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided through this Web site in a manner that is consistent with this Privacy Statement.

LINKS TO OTHER SITES

We provide links to other Web sites for your convenience and information. These sites may have their own privacy statements in place, which we recommend you review if you visit any linked Web sites. We are not responsible for the content of linked sites or any use of the sites.

HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on this Web site. We use secure socket layer (SSL) technology to help keep the personal information you provide on this site secure.

UPDATES TO OUR PRIVACY STATEMENT

This Privacy Statement may be updated periodically and without prior notice to you to reflect changes in our online information practices. We will post a prominent notice on this Web site to notify you of any significant changes to our Privacy Statement and indicate at the top of the statement when it was most recently updated.

 

Definitions

“SoBe Shirts” shall mean South Beach Garments Trading LLC T/A SoBe Shirts its successors and assigns or any person acting on behalf of and with the authority of South Beach Garments Trading LLC T/A SoBe Shirts.

“Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorization or other form as provided by SoBe Shirts to the Customer.

“Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.

“Goods” shall mean Goods supplied by SoBe Shirts to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by SoBe Shirts to the Customer.

“Services” shall mean all Services supplied by SoBe Shirts to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

“Price” shall mean the Price payable for the Goods as agreed between SoBe Shirts and the Customer.

Acceptance

Any instructions received by SoBe Shirts from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by SoBe Shirts shall constitute acceptance of the terms and conditions contained herein.

Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of SoBe Shirt.

The Customer shall give SoBe Shirts not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by SoBe Shirts as a result of the Customer’s failure to comply with this clause.

Goods are supplied by SoBe Shirts only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on the Service Provider’s web site. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.

Price and Payment

At SoBe Shirt’s sole discretion the Price shall be either:

as indicated on invoices provided by SoBe Shirt to the Customer in respect of Goods supplied; or

SoBe Shirt’s current price at the date of delivery of the Goods according to SoBe Shirt’s current Price list; or

SoBe Shirt’s quoted Price which shall be binding upon SoBe Shirts provided that the Customer shall accept SoBe Shirt’s quotation in writing within thirty (30) days.

SoBe Shirts reserves the right to change the Price in the event of a variation to SoBe Shirt’s quotation.

At SoBe Shirt’s sole discretion a non-refundable deposit may be required.

At SoBe Shirt’s sole discretion payment shall be due on delivery of the Goods.

Payment will be made by credit card, or by direct credit, or by PayPal, or by any other method as agreed to between the Customer and SoBe Shirt.

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

Delivery of Goods

At SoBe Shirt’s sole discretion delivery of the Goods shall take place when:

the Customer takes possession of the Goods at SoBe Shirt’s address; or

the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by SoBe Shirt or SoBe Shirt’s nominated carrier).

At SoBe Shirt’s sole discretion the costs of delivery are:

in addition to the Price; or

for the Customer’s account.

The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Delivery of the Goods shall be approximately between the three (3) to ten (10) days from the date the order is approved. The Customer acknowledges and accepts that the period for delivery could be subject to change due to stock levels. In the event that the Customer is unable to take delivery of the Goods as arranged then SoBe Shirt shall be entitled to charge a reasonable fee for redelivery.

If delivery is delayed at the request of the Customer, then SoBe Shirt shall be entitled to charge the Customer any and all costs associated with the storage of the Goods.

Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.

SoBe Shirt shall not be liable for any loss or damage whatsoever due to failure by SoBe Shirt to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of SoBe Shirt.

RETURNS POLICY

We will gladly accept exchange or return of the unworn merchandise within 21 days of the order date.

We do not give refunds if you:

• Simply change your mind,
• Make a wrong decision, or
• The goods have been damaged by abnormal use after purchase

You can choose between a refund, exchange or credit where goods:

• Are faulty
• Have been wrongly described
• Are different from a sample shown to you, or
• Do not do what they are supposed to.

If you are a first time purchaser of a particular brand and the size is incorrect you may exchange for the same shirt subject to availability.

Export Contracts

In the event that the Goods are exported, delivery of the Goods may be subject to either FOB Contract or CIF Contract.

In the event of a FOB Contract the following shall apply;

the Goods shall be delivered to the Customer by delivery on board the agreed upon mode of transport on the delivery date. SoBe Shirt shall promptly notify the Customer that the Goods have been delivered aboard. Title to, and risk in the Goods shall pass to the Customer upon such delivery being effected. SoBe Shirt shall promptly provide the Customer with a clean shipped bill of lading in respect of the Goods; or

the Customer shall reserve the necessary space on board the agreed upon mode of transport and give SoBe Shirt due notice of the loading berth and any revised delivery dates. The Customer shall bear any costs caused due to the failure of the agreed upon mode of transport being available to load the Goods on the delivery date.

In the event of a CIF contract the following shall apply:

the Goods shall be delivered to the Customer by delivery on board the agreed upon mode of transport on or before the delivery date. SoBe Shirt shall procure a contract of carriage and insure the Goods from dispatch until delivery on terms current in the trade for the benefit of the Customer. The Goods shall be at the risk of the Customer as they are loaded on board. SoBe Shirt shall promptly tender to the Customer a clean shipped bill of lading, the insurance policy and an invoice in respect of the Goods; or

the Customer shall accept the documents tendered by SoBe Shirt if they correspond to this contract and take delivery of the Goods at the port of destination and bear all other costs and charges arising out of shipment of the Goods to the port of destination.

Risk

If SoBe Shirt retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, SoBe Shirt is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by SoBe Shirt is sufficient evidence of SoBe Shirt’s rights to receive the insurance proceeds without the need for any person dealing with SoBe Shirt to make further enquiries.

Where the Customer expressly requests SoBe Shirt to leave Goods outside SoBe Shirt’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all.

The Customer acknowledges that variations of colour and shade are inherent in fabric dye lots. While every effort will be taken by SoBe Shirt to match colour and shade of the Goods, SoBe Shirt shall not be liable for any loss, damage or costs, howsoever arising resulting from any variation in colour and shading between batches of the Goods or sale samples and the final Goods supplied.

Title

SoBe Shirt and the Customer agree that ownership of the Goods shall not pass until:

the Customer has paid SoBe Shirt all amounts owing for the particular Goods; and

the Customer has met all other obligations due by the Customer to SoBe Shirt in respect of all contracts between SoBe Shirt and the Customer.

Receipt by SoBe Shirt of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then SoBe Shirt’s ownership or rights in respect of the Goods shall continue.

It is further agreed that:

where practicable the Goods shall be kept separate and identifiable until SoBe Shirt shall have received payment and all other obligations of the Customer are met; and

until such time as ownership of the Goods shall pass from SoBe Shirt to the Customer SoBe Shirt may give notice in writing to the Customer to return the Goods or any of them to SoBe Shirt. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and

SoBe Shirt shall have the right of stopping the Goods in transit whether or not delivery has been made; and

if the Customer fails to return the Goods to SoBe Shirt then SoBe Shirt or SoBe Shirt’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and

the Customer is only a bailee of the Goods and until such time as SoBe Shirt has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to SoBe Shirt for the Goods, on trust for SoBe Shirt; and

the Customer shall not deal with the money of SoBe Shirt in any way which may be adverse to SoBe Shirt; and

the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of SoBe Shirt; and

SoBe Shirt can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and

until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that SoBe Shirt will be the owner of the end products.

Defects

The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify SoBe Shirt of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford SoBe Shirt an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which SoBe Shirt has agreed in writing that the Customer is entitled to reject, SoBe Shirt’s liability is limited to either (at SoBe Shirt’s discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Fair Trading Acts of the relevant authorities, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

Goods will not be accepted for return other than in accordance with terms above.

Warranty

To the extent permitted by statute, no warranty is given by SoBe Shirt as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. SoBe Shirt shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

Intellectual Property

Where SoBe Shirt has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in SoBe Shirt, and shall only be used by the Customer at SoBe Shirt’s discretion.

The Customer warrants that all designs or instructions to SoBe Shirt will not cause SoBe Shirt to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify SoBe Shirt against any action taken by a third party against SoBe Shirt in respect of any such infringement.

The Customer hereby authorises SoBe Shirt to utilise images of the Goods designed or drawn by SoBe Shirt in advertising, marketing, or competition material by SoBe Shirt.

Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SoBe Shirt’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by SoBe Shirt.

If the Customer defaults in payment of any invoice when due, the Customer shall indemnify SoBe Shirt from and against all costs and disbursements incurred by SoBe Shirt in pursuing the debt including legal costs on a solicitor and own Customer basis and SoBe Shirt’s collection agency costs.

Without prejudice to any other remedies SoBe Shirt may have, if at any time the Customer is in breach of any obligation (including those relating to payment) SoBe Shirt may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. SoBe Shirt will not be liable to the Customer for any loss or damage the Customer suffers because SoBe Shirt has exercised its rights under this clause.

If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

Without prejudice to SoBe Shirt’s other remedies at law SoBe Shirt shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to SoBe Shirt shall, whether or not due for payment, become immediately payable in the event that:

any money payable to SoBe Shirt becomes overdue, or in SoBe Shirt’s opinion the Customer will be unable to meet its payments as they fall due; or

the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Security and Charge

Despite anything to the contrary contained herein or any other rights which SoBe Shirt may have howsoever:

where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to SoBe Shirt or SoBe Shirt’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that SoBe Shirt (or SoBe Shirt’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

should SoBe Shirt elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify SoBe Shirt from and against all SoBe Shirt’s costs and disbursements including legal costs on a solicitor and own Customer basis.

the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint SoBe Shirt or SoBe Shirt’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

Cancellation

SoBe Shirt may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice SoBe Shirt shall repay to the Customer any sums paid in respect of the Price. SoBe Shirt shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by SoBe Shirt (including, but not limited to, any loss of profits) up to the time of cancellation.

Cancellation of orders for Goods made to the Customer’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.

Privacy Act

The Customer and/or the Guarantor/s agree for SoBe Shirt to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by SoBe Shirt.

The Customer and/or the Guarantor/s agree that SoBe Shirt may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:

to assess an application by Customer; and/or

to notify other credit providers of a default by the Customer; and/or

to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

to assess the credit worthiness of Customer and/or Guarantor/s.

The Customer agrees that personal credit information provided may be used and retained by SoBe Shirt for the following purposes and for other purposes as shall be agreed between the Customer and SoBe Shirt or required by law from time to time:

provision of Goods; and/or

marketing of Goods by SoBe Shirt, its agents or distributors in relation to the Goods; and/or

analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or

processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or

enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.

SoBe Shirt may give information about the Customer to a credit reporting agency for the following purposes:

to obtain a consumer credit report about the Customer; and/or

allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

General

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

SoBe Shirt shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by SoBe Shirt of these terms and conditions.

In the event of any breach of this contract by SoBe Shirt the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by SoBe Shirt nor to withhold payment of any invoice because part of that invoice is in dispute.

SoBe Shirt may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

The Customer agrees that SoBe Shirt may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which SoBe Shirt notifies the Customer of such change.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The failure by SoBe Shirt to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect SoBe Shirt’s right to subsequently enforce that provision.

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, SoBe Shirt’s reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

UA-57663762-1