Terms & Conditions

PURCHASE CONDITIONS

Welcome to WWW.SAMAYCOLLECTION.COM.AU

Please read  carefully through these Purchase Conditions, our Privacy Policy, Cookies Policy, Data Protection Policy prior to using our website and mobile applications or placing an order on it. By using SAMAY COLLECTION shopping services, you are agree to be bound by all the mentioned Terms and Conditions written at www.samaycollection.com.au.

When you see SAMAY COLLECTION services, our website, online shopping, mobile applications are also included. When you use or see SAMAY COLLECTION services you will be also subject to all terms, conditions and policies of SAMAY COLLECTION. 

This Purchase Conditions Contract (together with any other documents herein mentioned) sets forth the terms and conditions governing the use of our website (www.samaycollection.com.au) and purchase of the products through this website (hereinafter the “Terms and Conditions”)

These Terms and Conditions and all Data Protection Policies may be amended. We would like to kindly inform you that it is your responsibility to regularly read through them, as the Terms and Data Protection.

If you have any questions about the Terms, Purchase Conditions or the Privacy Policy, you may access our website or contact us through our email customercare@samaycollection.com.

  1. REGİSTRATİON

To purchase items/products from our website (www.samaycollection.com.au) you must create an account by completing the purchasing process. As part of the registration process, you must provide us with your (or your business’) legal name, address, phone number and email address as well as other information we may request. Any personal data you provide to us will be handled in accordance with Our Privacy and Data Protection Policies.  Please find detailed information on our website.

  • CONTRACT FORMED

The information set out in the Terms and Conditions the details contained on our website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and SAMAY COLLECTION until your order has been accepted by SAMAY COLLECTION.

If you are not informed via email regarding your order has been accepted by SAMAY COLLECTION, it means that we have not accepted your offer yet. If we do not accept your offer regarding any of SAMAY COLLECTION items, please be sure that the funds that have already been deducted from your account,  will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “PLACE YOUR ORDER ” button to submit your order. After this, you will receive an email from SAMAY COLLECTION acknowledging that we have received your order (the “Order Confirmation”). Please note that this email does not mean that your order has been accepted from SAMAY COLLECTION. It means, SAMAY COLLECTION has been informed regarding your offer to buy one or more items from SAMAY COLLECTION.  All orders are subject to acceptance by SAMAY COLLECTION and we will confirm such acceptance to you by sending you an shipment confirmation email that confirms that the product has been dispatched. An electronic ticket with your order details will be attached to this confirmation email. The contract for the purchase of a product between us will only be formed when SAMAY COLLECTION sends you the shipment confirmation.

This Contract will relate only to those products whose dispatch we have confirmed in the shipment confirmation. SAMAY COLLECTION will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation.

All orders for the items/products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, as SAMAY COLLECTION we reserve the right to remove any product from this website and/or mobile application at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the order confirmation. SAMAY COLLECTION reserves the right to do so at any time.

SAMAY COLLECTION reserves the right to withdraw any item/product from its website and mobile applications at any time and/or remove or edit any materials or content on its website and/or mobile application.

SAMAY COLLECTION will not be liable to you or any other third party by reason of our withdrawing any product from SAMAY COLLECTION’s website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the order confirmation.

  • PAYMENTS AND AUTHORISATION

You authorise SAMAY COLLECTION to obtain credit reports about you from time to time, to obtain credit authorisations from the issuer of your credit card, and to charge your credit card or debit your bank account for any amounts payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to your bank account. For any amounts you owe to SAMAY COLLECTION under this Contract (in reimbursement or otherwise) we may elect to: (a) withhold, deduct or offset the amount due from or against any payments we may make to you or amounts we may owe you; or (b) collect payment or reimbursement of the amount due by any other lawful means including by: (i) charging your credit card; (ii) direct debiting your bank account; (iii) reversing or recalling prior payments made to you; or (iv) sending a demand for payment to you, in which case you will be required to pay the amounts owing upon receipt.

The price of the items/ products shall be the one quoted from time to time on our website, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

The prices displayed on our website include VAT and GST  but exclude delivery costs. Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which a shipment confirmation has been sent via email.

Once you have finished shopping from SAMAY COLLECTION website, all the products/items you wish to purchase are added to your basket. Your next step, if you wish to continue to purchase these items/products please click the shopping basket button. Then click the process order button and fill in the contact details or the details of your order, the delivery address and invoicing address and all asking information. If you have already fulfilled these information before, you can click the continue button and then enter the details of credit or debit card. After filling the information, please click the PURCHASE/ PLACE YOUR ORDER /AUTHORIZE PAYMENT button. As SAMAY COLLECTION, we would like to inform you that, you can pay using VISA, MASTERCARD, AMERICAN EXPRESS, PAYPAL AND AFTERPAY.

Please note that as SAMAY COLLECTION we use “CYBERTRUST/3D Security (when available)” to ensure payment is made safely. Cards are subject to validation checks and authorization by your card issuer. If SAMAY COLLECTION does not receive the required authorization, SAMAY COLLECTION will not be liable for any delay or non-delivery and will not be able to form any Contract with you.

Buying goods as a guest is also available on SAMAY COLLECTION’s website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.

Pursuant to the prevailing rules and regulations in force, all purchases done through SAMAY COLLECTION’s website are subject to the Goods Services Tax (GST) /Value Added Tax (VAT).

  • INTELLECTUAL PROPERTY

As per this Contract and all documents on our website, mobile phone and application, you acknowledge, agree and accept that all copyright, trademark and all other intellectual property rights in all materials or content supplied as part of the website shall remain at all times vested in SAMAY COLLECTION or in its licensors.

You are permitted to use all materials and contents only as described and authorized by SAMAY COLLECTION and/or its licensors. The designs sometimes may belong to third parties. You should use the mentioned materials on our website and/or mobile applications only as expressly authorized by SAMAY COLLECTION or its licensors. This does not prevent you from using the website and/or mobile application of SAMAY COLLECTION to the extent necessary to make a copy of any order or Contract details.

  • CONSENT

We respect your privacy and hold ourselves responsible for its protection. Accordingly, and acting as a “data controller” under relevant legislation, we have prepared this “Clarification Text” on our website and/or mobile application to allow you to be familiar with how the personal data is processed and used.

According to the Clarification Text, we would like to inform you that you accept, acknowledge and agree to communicate with SAMAY COLLECTION will be mainly electronic. SAMAY COLLECTION will contact you via email. You agree to this electronic means of communication and all contracts, notices, information and other communications that SAMAY COLLECTION provides to you electronically, comply with any legal requirements that SAMAY COLLECTION provides to you electronically, comply with any legal requirements such communications be in writing. This condition does not affect your statutory and customer rights.

  • NOTİCE

All notices given by you to SAMAY COLLECTION should be given preferably via email on our website and/or mobile application. customercare@samaycollection.com. Notices will be deemed received 48 hours after the email is sent.

  • GOVERNING LAW

This Contract shall be governed by the laws in Melbourne Australia. Any disputes under this Contract shall be resolved by the Central Courts and Execution Offices of Melbourne, Australia.

  • FORCE MAJEURE – EVENTS OUT OF OUR CONTROL

If SAMAY COLLECTION and/or SAMAY COLLECTION’s suppliers, affiliates and business partners is unable to perform any obligation under this Contract because of an event of force majeure such as act of natural disaster, explosion, flood, tempest, fire or accident; war or threat of war (whether declared or not), sabotage, insurrection, civil disturbance or requisition; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, (whether declared or not) acts, restrictions, epidemic or other natural disaster,  impossibility of the use o railways, shipping, aircraft, motor transport or any other means of public or private transport, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the party in question or of a third party); the acts, decrees, legislation, regulations or restrictions of any government, third party technical failure or any other event beyond the reasonable control of such party (“Force Majeure Event”), SAMAY COLLECTION shall have no liability to deliver, return, change, pay the item/product for the failure to perform.  SAMAY COLLECTION to perform shall notify you as soon as practicable and shall use all reasonable endeavours to avoid, mitigate and remedy the consequences of the Force Majeure Event.  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  • TRANSFER – ASSIGNMENT

The Contract between you and SAMAY COLLECTION is binding on you and SAMAY COLLECTION and on our respective successors, affiliates, and assigns. You are in the scope of this Contract are not allowed to assign, novate or otherwise transfer your obligations or rights wholly and/or partially to any third party without SAMAY COLLECTION’s written consent.

SAMAY COLLECTION on the other hand is allowed to assign, novate and/or otherwise transfer its obligations and rights wholly and/or partially to any third party (preferably) by sending to you a short notice and/or without any notice.

  1. WAIVER

The failure to exercise or delay in exercising a right or remedy provided to you under this Contract and/or any terms and conditions, shall not constitute a waiver of that right or remedy, and no waiver of any breach of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision. Each right or remedy of the party under this Contract is without prejudice to any other right or remedy of that party under this Contract or at law.

  1. SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. ENTIRE AGREEMENT

This Contract constitutes the entire agreement and understanding between you and SAMAY COLLECTION supersedes all previous agreements between the parties relating to its subject matter. You and SAMAY COLLECTION acknowledge that, in entering into this Contract, it does not rely on and shall have no right or remedy in respect of any assurance, statement, warranty or representation made (whether innocently or negligently) of any person except as expressly set out in this Contract.

Please do not hesitate to contact us via our customer email address if you have any questions, request or feedback.