Terms of service

Godolphin Australia Pty Ltd

Online terms and conditions of sale

March 2023

About these terms and conditions
1. In these terms and conditions "we" and "us" mean Godolphin Australia Pty Ltd, a company registered in Australia with A.C.N. 093 921 021 / ABN 42 093 921 021 and whose registered office is located at 401 Rouchel Road, Aberdeen NSW 2336, and "you" means you the customer.
2. These are the terms and conditions on which we will supply the Products on our online web shop to you (the “Conditions”). You should read them carefully before placing your Order with us. In particular, these Conditions tell you:
3. 1. who we are;
  2. how the ordering process works;
  3. how we will provide you with the Products; and
  4. how the Contract between you and us can be changed or brought to an end.
4. These Conditions together with your Order Confirmation constitute the contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing.
5. In these Conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of these Conditions in clause 23.
6. When we use the words “writing” or “written” in these Conditions, this includes emails.
Placing your order
1. To place an order you must be 18 years of age or over. By placing an Order through our Website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
2. You may place an Order by selecting the items you require on our Website, adding to your basket and then submitting your Order by completing the checkout process.
3. We will not guarantee that orders placed in any way other than those listed in these Conditions will be fulfilled.
4. When you place your Order, we will issue you with a Web Order Number. We will do this via our Website. Please note that such Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
5. By placing an Order, you make an offer to us to purchase the Products you have selected on these Conditions. We may or may not accept your offer at our discretion.
6. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by email provided you have indicated an email address when placing your Order. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by telephone or email.
7. No contract in respect of any products will exist between us and you until we have (i) received full payment for the Products in your Order in cleared funds; and (ii) have sent you an Order Confirmation, at which point a legally binding contract will come into existence between us and you (the “Contract”).
8. The completion of the Contract will take place on despatch to you of the Products ordered unless we have notified you that we do not accept your Order, or you have cancelled it in accordance with these Conditions.
9. Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products you ordered are no longer being manufactured or available from stock; or (ii) the identification of a pricing or product description error on our Website; or (iii) our inability to obtain authorisation for your payment. In such circumstances we will contact you by telephone or email to inform you and may suggest alternative Products that you might wish to purchase instead. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Subject to clause 19.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
Supply of your products
1. Subject to the terms of these Conditions, we will supply to you the Products indicated on your Order Confirmation.
2. If we have pictures of the Products you have ordered on our Website, these pictures are for illustrative purposes only and shall not form part of the Contract. Whilst we have made every effort to make sure that the Products are depicted accurately, we cannot guarantee that they are in all cases. There may be slight variations in colour due to variations in the display of the device you used to view our Website. Further, the packaging of the Products (if shown) may vary from that shown in pictures on our Website.
Price and payment
1. The price of the Products (which unless indicated otherwise includes Goods and Services Tax (“GST”)) together with any delivery costs which are payable in addition to the price of the Products, will be the prices indicated on the order page when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 4.7 for what happens if we discover an error in the price of the Products you Order.
2. You must pay for the Products together with any delivery costs, at the time you place your Order with us.
3. We accept payment via the methods listed on our Website.
4. All payments must be made in Australian Dollars.
5. Payment must be made in advance, in full and in cleared funds before we despatch the Products to you. No payment shall be deemed to have been received until we have received cleared funds.
6. If the rate of GST changes between your Order date and the date we supply the Products, we will adjust the rate of GST you pay, unless you have already paid for the Products in full before the change in the rate of GST takes effect.
7. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Products’ correct price at your Order date is less than our stated price at your Order date, we will charge you the lower amount only. If the Products’ correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before accepting your Order.
8. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
Your rights to make changes
1. If you want to make a change to the Products you have ordered, please contact us using our contact details as set out in clause 20. We will let you know if the change is possible and, if it is, any resulting change in the price of the Products and/or dates for delivery (together with anything else that may be relevant).
2. Provided you are happy with any changes to the price and/or delivery (and anything else that may be relevant), we will make the changes you requested. However, if you are not happy with the change in price and/or delivery (and anything else that may be relevant) you may want to end the Contract. If so, see clause 11 (your rights to end the Contract).
Our rights to make changes
1. We may make changes to any Products you have ordered to:
  1. reflect changes in relevant laws and regulatory requirements; and/or
  2. implement minor technical adjustments and improvements, and in both cases, such changes won’t affect your use of the Products.
2. However, it may be that (for whatever reason) we have to make more significant changes to the Products you have ordered (or to these Conditions). If we do so we will notify you and you may then end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
Delivery of your products
1. The options and costs of delivery will be as displayed on our Website.
2. Orders will not be accepted and Products will not be delivered to any address outside Australia.
3. Subject to clause 7.2 and availability of the Products ordered, we will deliver your Products to the delivery address and by the delivery method as shown in your Order Confirmation.
4. Upon delivery of the Products to our carrier we will send you a confirmation of despatch by email provided you have indicated a valid email address on the Order.
5. Certain items may be delivered by post and cannot be tracked once they have entered the postal system.
6. We will deliver the Products to you as soon as reasonably possible and in most cases within 30 days of the day on which we accept your Order. However, for some Products it may be that it will take longer for us to deliver them to you. If this is the case, we will let you know an estimated delivery period during the order process.
7. Estimated delivery times which are given at the time of placing an Order are estimates only and do not equate to guaranteed delivery times. If you have ordered several Products at one time, we may deliver each such Products on different days.
8. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay and provided we do this we will not be liable for delays caused by the event. However, if there’s a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
9. A courier’s first attempt to deliver shall be considered as the delivery date.
10. If no one is available at your address to take delivery of the Products (and they can’t be posted through your letterbox, left in a safe place or with a neighbour), our courier will leave you a note informing you of how to either rearrange delivery or collect the Products from a local depot.
11. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, then we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 18.2 will apply.
12. If we fail to deliver the Products within 30 days of accepting your Order, or within any alternative timeframe as set out in the Order process then (provided one of the following applies) you may treat the Contract as at an end straight away:
  1. we have refused to deliver the Products;
  2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  3. you told us before we accepted your Order that delivery within the delivery deadline was essential.
13. If you don’t wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 7.12, you can give us a new deadline for delivery which must be reasonable. If we don’t meet this new deadline, you can treat the Contract as at an end.
14. If you do choose to treat the Contract as at an end for late delivery under clause clause 7.12 or clause clause 7.14, you can cancel your Order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel your Order for some of those Products (not necessarily all of them), unless splitting them up would reduce their value.
15. We will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered, you must post them back to us. Please contact us using the details at clause 20 to discuss returns further.
Ownership and risk
1. Subject to clauses 8.4, you will own the Products from the point we receive payment in full and cleared funds for them.
2. Risk of loss in your Products shall pass to you upon delivery of the Products at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Products.
3. We are the owners of the Products until we have received in full (in cleared funds) all sums due to us in respect of the Products.
4. If at any time any payments made for Products are reversed by the payment provider for any reason ("a chargeback"), whether the payment provider acted on your instructions or not, the legal ownership of the Products shall pass back to us.
5. Until ownership of the Products has passed to you, or where ownership has passed back to us as a result of a chargeback, you shall:
  1. hold the Products on a fiduciary basis as our bailee;
  2. store the Products (as not cost to us) separately from all other Products belonging to you or any third party in such a way that they remain readily identifiable as our property;
  3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
  4. maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks.
6. In addition to any other rights we may have, until ownership passes to you or if a chargeback occurs, we shall be entitled, by giving 7 days’ notice in writing, to require you to return or deliver up the Products to us, at the expiry of which, we may take legal proceedings to recover the Products or their value.
Providing the products – specific information
1. Depending on the type of products you have ordered, we may need some specific information from you so that we can supply them to you. If this is the case, it will have been mentioned on our Website, or otherwise explained to you during the Order process.
2. If you do not give us the information we require (as referred to in clause 9.1) within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may:
  1. end the Contract (and clause 18 will apply); or
  2. make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. For the avoidance of doubt, we will not be responsible for supplying any Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
If there is a problem with the products
1. If you have any questions or complaints about the Products you have ordered, please contact us using the details as set out in clause 20.
Your rights to end the contract
1. Your rights when you end the Contract will depend on the products you have bought, whether there’s anything wrong with them, how we are performing and when you decide to end the Contract:
  1. if what you’ve bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Products repaired or replaced or to get some or all of your money back);
  2. if you want to end the Contract because of something we have done or have told you we are going to do, see clause 12;
  3. if you have just changed your mind about the Products, see clause 13 (depending on the type of products you may be able to get a refund if you are within any relevant cooling-off period, but this may be subject to deductions and you will have to pay the cost of returning of the Products); and
  4. in all other cases (if we are not at fault and there is no right to change your mind), see clause 14.
Ending the contract because of something we have done or are going to do
1. If you’re ending the Contract for a reason set out at clauses 12.1.1 to 12.1.4 (below), the Contract will end immediately and we will refund you in full for the Products which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an upcoming change to the Products or these Conditions which you don’t agree to (see clause 6.2);
  2. we have told you about an error in the price or description of the Products you have ordered and you don’t want to proceed (see clause 4.7);
  3. there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 7.9);
  4. you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clauses 7.12 and 7.13)).
Ending the contract because you have changed your mind
1. In addition to your rights in relation to faulty Products in clauses 11 and 12, and subject to the restrictions otherwise set out in this Contract, you can return any Product:
  1. a) as long as the return is placed in the post within 14 days of receipt of order confirmation email;
  2. b) unworn and unused and in a saleable condition with the original tags still attached;
  3. c) in the original packaging, which must be in the original condition; and
  4. d) it has not been specifically excluded from the change of mind returns policy.
2. To ensure these returns are assessed and processed swiftly, please follow the instructions set out under ‘Returns and Refund Policy’.
3. Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 13.1, we will either:
  1. a) refund the price of the Product returned to your original payment method; or
  2. b) exchange the Product for another size, subject to availability.
4. We will not refund any fees or costs that you have paid at purchase to have the Product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause 13.1, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us.
5. In respect to our change of mind returns policy, we monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to you or deny you from making future orders.
6. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law.
Ending the contract where we are not at fault and there is no right to change your mind
1. If we are not at fault and you don’t have a right to change your mind, you can still end the Contract before it is completed, but you may have to pay us compensation. A contract for the supply of goods is completed when the Products are delivered (see clause 7 above). If you want to end the Contract before your Products are delivered, where we aren’t at fault and you have no right to change your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for the Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
How to end your contract with us
1. To end your Contract with us, please let us know by doing one of the following:
  1. by phone or email using the details in clause 20 (please provide details of your Web Order Number, what you bought, when you ordered or received it and your name and address); or
  2. by requesting a cancellation form from us, filling it in, and returning it to us using the details in clause 20.
Returning the products
1. If you end the Contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us. Please contact us using the details in clause 20 to arrange collection.
2. We will pay the costs of return:
  1. if the Products are faulty or misdescribed; or
  2. if you’re ending the Contract because we have told you of:
    1. an upcoming change to the Products or these Conditions;
    2. an error in pricing or description;
    3. a delay in delivery due to events outside our control; or
    4. because you have a legal right to do so as a result of something we have done wrong.
3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. If you are responsible for the costs of return, but we agree to collect the Products from you, we will charge you the direct cost to us of collection.
Refunds
1. If any refund is due to you under these Conditions, we will refund you the price you paid for the Products (including delivery costs if applicable), by the method you used for payment. However, we may make deductions from the price, as described below.
2. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products caused by your handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, we will ask you to pay us an appropriate amount.
3. Where we pay the cost of return, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the Products within three to five days at one cost but you choose to have the Products delivered “Next Working Day” at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
4. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
  1. if we haven’t offered to collect them, your refund will be made within 14 days from the day on which we receive the Products back from you; or
  2. in all other cases, your refund will be made within 14 days of your telling us you are changed your mind.
Our rights to end the contract
1. We may end the Contract at any time by writing to you if:
  1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products (see clause 9.2); or
  2. you do not, within a reasonable time, allow us to deliver the Products to you.
2. If we end the Contract in the situations set out in clause 18.1 we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we’ll incur as a result of the Contract coming to an end.
3. We may write to you to let you know that we are going to stop providing the Products (or any part of them). We will give you reasonable notice of our stopping the supply of the Products and will refund any sums you have paid in advance for any Products which will not be provided.
Our responsibility for loss or damage suffered by you
1. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of:
  1. us breaking of the Contract; or
  2. us failing to use reasonable care and skill.
2. We are not responsible for any loss or damage that is not foreseeable.
3. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract between us was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).
4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so and this includes liability for:
  1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation;
  3. breach of your legal rights in relation to the Products; or
  4. any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law).
5. You confirm that you are placing your Order with us as a consumer. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. Nothing in these Conditions excludes or limits your statutory rights as a consumer or our Liability for:
  1. a) fraud;
  2. b) death or personal injury caused by our Breach of Duty;
  3. c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
  4. d) any other Liability which cannot be excluded or limited by applicable law.
7. In performing any obligation under these Conditions, our only duty is to exercise reasonable care and skill.
8. Subject to clause 19.7:
  1. a) To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
  2. b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
  3. c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
  4. d) It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
  5. e) All Products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check Product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.
  6. f) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Conditions.
  7. g) Despite any other provision of these Conditions to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Conditions (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
9. INDEMNITY
10. You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Conditions or your breach of any law or the rights of a third party.
Information about us and how to contact us
1. We are Godolphin Australia Pty Ltd, a company registered in Australia with A.C.N. 093 921 021/ABN 42 093 921 021 and whose registered office is located at 401 Rouchel Road, Aberdeen NSW 2336].
2. You can contact us by:
  1. sending us an email to au-shop@godolphin.com;
  2. by telephone on +61 2 6543 9000.
3. If we have to contact you we will do so by telephone or email using the details you provided in your Order.
4. We shall make every reasonable effort to resolve or acknowledge by telephone or email any queries which you have made within 2 working days of receipt of any such query.
5. We shall make every reasonable effort to respond to complaints within 5 working days and will keep you reasonably notified of any progress thereafter.
6. Telephone calls made to us may be recorded for training purposes.
Data protection and privacy
1. Please read our Privacy Policy for details of how we may use any information that you have provided to us.
Other important terms
1. We may transfer our rights and obligations under these Conditions to another organisation. If we do this, we will contact you to let you know. If you are unhappy with the transfer you may end the Contract and we will refund you any payments you have made in advance for Products not provided.
2. Information about goods on the Site is based on material provided by third-party merchants, suppliers and/or Product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
3. Force majeure: We shall not be liable for any breach of our obligations under these Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
4. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6. If:
  1. we do not insist immediately that you do anything you are required to do under these Conditions; or
  2. if we delay in taking steps against you in respect of your breaking of this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Defined terms
1. In these conditions the following terms have the following meanings:
  1. "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;
  2. "Breach of Duty" means the breach of any:
    1. obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
    2. common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); “Conditions” has the meaning given in clause 1.2;
  3. “Contract” has the meaning given in clause 2.7;
  4. "Liability" means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Conditions, including, without limitation, liability expressly provided for under these Conditions or arising by reason of the invalidity or unenforceability of any Condition of these Conditions (and for the purposes of this definition, all references to these Conditions shall be deemed to include any collateral contract);
  5. "Order" means the online order placed by you on the Website in accordance with these Conditions;
  6. "Order confirmation" means the order confirmation issued by us to you indicating our acceptance of your Order in accordance with these Conditions;
  7. "Product" means any product listed on our Website which we agree to supply to you on these Conditions;
  8. "Web Order Number" means the web order number issued by us to you in accordance with these Conditions;
  9. "Website" means our website being aus-shop.godolphin.com; and
  10. "Working Day" means any day other than a Saturday, a Sunday or a public holiday in the Australia.
2. In these conditions words in the singular include the plural and vice versa.
Governing law and jurisdiction
1. The Contract between you and us, its subject matter and its formation are governed by English law. You and we both agree that the courts of Australia will have exclusive jurisdiction.