Terms & Conditions
SALES POLICY & TRADING TERMS AND CONDITIONS
DANIEL AVAKIAN offers both (1) Stock and (2) Pre-Order / Made to Order Products for both men and women. On the Website you will find detailed Product descriptions and visualisations of the Products that can be acquired. While we try to accurately display the colour of our Products on the Website, the actual colours you see depend on your monitor and settings of your screen., and thus we cannot guarantee that the colours displayed by your monitor will be exactly the same colour or the Product at the time of delivery and / or receiving :
- The variations in manufacturing processes, the settings of your monitor and your computer hardware can affect fabric representations and Product designs, which means that the delivered Products may be slightly different in appearance to those shown and described on the Website;
- All Products / fabrics of DANIEL AVAKIAN are subject to availability, which means that we cannot always deliver the Order. We will inform you as soon as possible, if the Product you have requested is not available and, if you agree so, we may offer an alternative Product of equivalent or higher quality, or of equal value;
- Please keep in mind that your Order will only be processed if you have placed the Order correctly and we received authorisation from your payment Card.
- DANIEL AVAKIAN reserves the right to make unannounced changes in its Website when considered as appropriate, change, delete or add content and services provided through the same, as well as the way Products are presented or located on the Website for its improvement and renewal.
DANIEL AVAKIAN delivers Australia-wide and Internationally from both Australian and / or China sourced materials and produced Factories providing world’s best quality whilst through monitored and managed ethical and humane employment practices.
CURRENCY INFORMATION & PRICESAUSTRALIA
All prices indicated and payments made for DANIEL AVAKIAN Products are in Australian Dollars (AUD). All prices are inclusive of GST.
All prices indicated and payments made on DANIEL AVAKIAN Products are in Australian Dollars (AUD). All prices are inclusive of GST (if applicable), Australian Customs duties and taxes (including importation charges).
Delivery time is usually 1 to 14 business days from the date of Order Confirmation (being after Payment). The provided delivery date is an estimated date and not a guaranteed one. Due to external factors, the delivery date could be different from the confirmed date. DANIEL AVAKIAN guarantees delivery except in situations, events or circumstances that are beyond our control (Customer is not available, adverse weather conditions, errors in the shipping information, legal procedures, public holidays, etc). Shipping is free on orders above $150. For orders below this value shipping costs will be at a flat rate of $25 (regardless of the number of Products).
Delivery charge : Orders above $150 – FREE : Orders less than $150 – $25 (flat fee) Delivery charges are regardless of the number of Products delivered.
Stock Order : Deliveries of Product in stock within Australia can arrive within 1 to 14 business days from the Order Confirmation (ie being after receipt of Payment and not including weekends or public holidays).
Pre-Order / Made to Order : Deliveries of Pre-order or Made to Order deliveries within Australia can arrive within 21 business days from the Order Confirmation (ie being after receipt of Payment and not including weekends or public holidays).
Every effort is made to have your Product delivered within the specified windows. All packages require signature upon delivery by Australia Post. In the event no one can sign at your address, the courier will leave a card for you to collect from the nearest Post Office. Once your order has been dispatched, you will receive an automated email with your tracking details.
Please ensure you provide a contact number and the correct delivery address in order to receive your package in the time frames listed below. If your details are incorrect we cannot be responsible for loss of any packages local or international.
Delivery charge : Orders above $250 – FREE : Orders less than $250 – $50 (flat fee) Delivery charges are regardless of the number of Products delivered.
Pre-Order / Made to Order : Please allow between 21 to 30 business days to receive your package. You will receive an email with your tracking number to view the progress. All international orders may incur customs or an import duty fee. These charges arise upon delivery of your parcel. These charges vary greatly depending on the country you are ordering from and cannot be predicted. Please contact your local customs office for further information.
DANIEL AVAKIAN guarantees delivery except in situations, events or circumstances that are beyond our control (eg force majeure, Customer is not available, adverse weather conditions, errors in the shipping information, legal procedures, public holidays, etc).
RETURNS / EXCHANGES / REFUNDS
Stock Order : If for any reason you are not happy with your purchase you are welcome to return your item(s) for a refund or exchange.
PLEASE NOTE: We do not accept exchanges on sale Product. All exchanges will be posted out at the cost of the Customer.
Returns or exchanges are accepted on Product within 7 days of purchase. Product not received within this timeframe will not be accepted.
DANIEL AVAKIAN must receive the garment in the exact condition it was sent out in. It must not have been worn, altered or washed and all tags must be attached.
Pre-Order / Made to Order : As Pre-Order / Made to Order garments are made specifically and uniquely for you and thus (possibly) of no commercial value to other Customers. Please note that Pre-Order / Made to Order returns are only accepted based on faulty manufacture / workmanship OR faulty fabrication / components (eg zippers etc). If you believe there is a fault with your Product please contact us by email and detail your concern with clear images attached so that we can assess same concerns. We will contact you within 3 business days to discuss. Form your emailed fault description + images of same, and if we believe there to be a legitimate problem, we will instruct you to :
- return same Product (as per the all Return procedures) for our further assessment.
- take your Product to any local Tailor / Dressmaker / Alterations Shop, get a detailed quotation describing ALL repairs / alterations required plus a contact name and number for same Tailor / Dressmaker / Alterations Shop. We will either approve same quotation and directly reimburse all reasonable and agreed costs to the Tailor / Dressmaker / Alterations Shop OR request you to return Product to DANIEL AVAKIAN offices for further assessment.
If fault is identified we reserve the right to either repair or remake (with an explanation re cause of fault) and return same Product to you (at our cost) within 10 business days or, if deemed unrepairable and satisfies DANIEL AVAKIAN other Returns & Exchanges Policies, we will refund your money.
Notification of fault are accepted on Product within 7 days of purchase. Notification of fault not received within this timeframe will not be accepted.
DANIEL AVAKIAN must receive the garment in the exact condition it was sent out in. It must not have been worn, altered or washed and all tags must be attached
Due to the fact that Pre-Order / Made to Order Product are 100% individually custom made and crafted just for you or for the original and intended purpose of your Order, we do not offer refunds. The above Returns & Exchange terms and conditions are standard practice as the Pre-Order / Made to Order of Products have no resale value.
Please note that Australia has Consumer Protection Law to which DANIEL AVAKIAN returns / exchanges / refunds comply and ALL bona-fide returns / exchanges / refunds claims against DANIEL AVAKIAN Products will be addressed and honoured within the spirit and legal parameters of the Consumer Protection Laws.
How to request Return Authorisation or Notify of Fault :
1. Request your Return Authorization (RA) number or Notify of Fault by emailing firstname.lastname@example.org within 7 days of receiving your order.
2. Please include your Customer ID and which item (s) you would like to exchange/refund
3. Once your refund/exchange has been approved we will send you an email with your RA number.
4. Complete the form sent to you with your RA number and send back to the following address: DANIEL AVAKIAN, Lower Ground Suite A, 596 Crown Street, Surry Hills, NSW, 2010, Australia. Refunds are made less return postage. Please note the original postage charge cannot be refunded. Refunds are made against the original Credit Card used. We cannot refund onto a different card. We process refunds within 1-2 days of receiving and approving them, however please keep in mind they can take up to 10 business days to come through onto your account.
Reservation of Rights re Returns / Exchanges / Refunds :
DANIEL AVAKIAN reserves the right to deny refund, return acceptance, repair or remake requests in circumstances where the Products are in perfect conditions, have been made to order or if Product/s do not have ALL labels attached and / or if the Product has been obviously worn (other than to try on).
ORDER CANCELLATIONS / CHANGES
DANIEL AVAKIAN only allows cancellations of an Order if it DANIEL AVAKIAN cannot deliver the Product as ordered (eg due to fabric out of stock) and within the time frames advised.
DANIEL AVAKIAN will allow changes to an Order pending the stage of same Order through the Production process plus reserves the right to change pricing based on the extra cost of time and materials required to effect changes to Orders.
INTELLECTUAL & INDUSTRIAL PROPERTIES
The DANIEL AVAKIAN Website and its contents, including its services, programs, data, designs, tests, graphics, logos, icons, buttons, as well as the software, commercial names, Brands, creative works, illustrations, photographs or industrial / trade drawings and any other features capable of being used for industrial and commercial purposes are property of and held in the ownership of DANIEL AVAKIAN and are protected by national and international legislation concerning intellectual and industrial property. Under no circumstances shall it be considered that DANIEL AVAKIAN grants any kind of license, or engages in any form of relinquishment, transfer or total or partial assignment of the above rights, or that any right is conferred, especially in relation to the alteration, transformation, exploitation, production, distribution of public communication of the contents referred to above without the prior, express and written authorisation of DANIEL AVAKIAN or corresponding Owners. The Customer can only use the DANIEL AVAKIAN Website content solely for personal and private use. Any other use is prohibited and will require the Customer to obtain the prior written permission of DANIEL AVAKIAN. DANIEL AVAKIAN puts its reasonable endeavours to ensure that this Website is free of viruses and other malicious or harmful content. Customers can use, download and print Website content solely for personal and private use or for non-commercial personal use. Except for Customer personal use or internal business purposes, Customers cannot do any of the following without first obtaining the written permission of DANIEL AVAKIAN :
- Copy, reproduce, use or negotiate in any other form content on the DANIEL AVAKIAN Website
- Modify, distribute or republish any content on the DANIEL AVAKIAN Website, for any purpose
- Reproduce the DANIEL AVAKIAN Website, perform framing, to this Website to any other website of from any other website
- Use the content of the Website for any commercial exploitation.
Obligations of Customer
As a general comment, Customers must operate at all times in conformity with the Law, with the norms of polite behaviour and the requirements of good faith, employing all due diligence and abstaining from using the DANIEL AVAKIAN Website in any way that may impede, damage or adverse affect the normal operation of the Website, or the Products or rights of DANIEL AVAKIAN, of its Suppliers, or other Users or in general of any third Party. Specifically, and without this implying any limitation of any kind of provisions of the previous section, Customers / Users shall, during their use of the DANIEL AVAKIAN Website, accept the following obligations:
- To provide truthful information in terms of the data requested in the Registration form or the Order form, and to keep the said data updated
- Not to introduce, store or propagate on or from the DANIEL AVAKIAN Website any information or material that is defamatory, insulting, obscene, threatening of xenophobic, or is of a type likely to incite to violence or to discriminate for reasons of race, sex, ideology or religion, or that in abt way offends against morality, public order, fundamental rights of public liabilities, or against the honour, privacy or image of third Parties, or in general against regulations currently in force.
- Not to introduce, store or propagate through the DANIEL AVAKIAN Website any program, data, virus, or code, or any other electronic or physical equipment that is likely to cause damage to the DANIEL AVAKIAN Website, to any of its services, or to any of the equipment, systems or networks of DANIEL AVAKIAN, or to any other Customer / User, of DANIEL AVAKIAN Suppliers, or in general of any third Party
- Not engage in adverting activities or any form of commercial exploitation of the DANIEL AVAKIAN Website, and not to use the contents and information contained on the DANIEL AVAKIAN Website to transmit adverting, or to supplant the identity of others when using the Website or any of its services, including the use if required of passwords of access codes belonging to third Parties, or in any other way
- Not to destroy, alter, use for the Customer /User’s own purposes, render unusable of damage the data, information, programs or electronic documents belonging to DANIEL AVAKIAN, to our Suppliers of to third Parties
- Not to introduce, store or propagate through the DANIEL AVAKIAN Website any content that infringes upon third Parties’ intellectual or industrial property rights or commercial secrets, or in general any content for which they cannot, in conformity with the Law, demonstrate their right to place it at the disposal of third Parties.
Links to Other Websites
The DANIEL AVAKIAN Websiete contained links to other Websites that you can visit. We have no control over the content of these Websites, nor so we proof them. If you access a Website. Whose link has been provided on this Website, you accept the DANIEL AVAKIAN not responsible for the content of the Website, including any advertising or Products offered on the Website. DANIEL AVAKIAN can also not be held liable for a criminal offense, damage of loss that occurred through visiting any of these Websites.
These conditions also apply to any positing, on one of them, with DANIEL AVAKIAN affiliated websites, such as Facebook, Twitter, YouTube or other social networks. All comments, images, videos and toher material on third Party social networks do not necessarily reflect the opinion or ideas of DANIEL AVAKIAN or its employees. Therefore DANIEL AVAKIAN is not responsible for such content. In any case, the entire material posted on third Party social networks must comply with these conditions and, if applicable, also with those of these social networks.
- Estimate usage numbers and patterns
- Store information about your preferences and adjust the Website accordingly
- Simplify your search
- Recognise you when you return to the DANIEL AVAKIAN Website
Data privacy is of high importance for DANIEL AVAKIAN and we want to be open and transparent re processing of your personal data. We therefore have a policy setting out how your personal data will be processed and protected
Why do we use personal data ?
We will use your personal data to :-
- manage your Orders online at DANIEL AVAKIAN by processing your orders and returns via our online services and send you notifications of delivery status or in the event of any problem with the delivery of your Products
- insure personalised Order are met including details to enable a Custom Product to your specifications (including body measurements)
- manage your payments
- handle complaints and warranty / guarantee matters for Products
- identify you and to validate your online shipping and to confirm your address etc with external Partners
What kind of personal data do we process ?
We will process the following categories of personal data including :-
- Contact information such as name, address, email address, telephone number
- Task file information
- Order information
- Purchase history
Who has access to your personal data ?
Your personal data that is forwarded to third Parties, is only to provide you with the services mentioned above, companies to validate your address, communication agencies to send your Order confirmation, warehouse and distribution suppliers in connection with the delivery of your Order Payment service providers for your payment. Please be aware that many of these recipient companies have an independent right or obligation to process your personal data. We never pass, sell or exchange your personal data with thire Parties outside the DANIEL AVAKIAN Group and Network/s. Data sent to third Parties will only be used to provide you with our services, DANIEL AVAKIAN will detail the categories of third Parties that access your data for each specific processing activity.
How long do we save your data ?
We will keep data as long as you are an active Customer. You have the right to terminate your account at any time. If you chose to do so, your account will cease to exist and you will be considered inactive. We will retain your personal data in the event of a legal requirement or pending litigation.
Who is the controller of your personal data ?
DANIEL AVAKIAN is responsible for the processing of the personal data that you provide and is responsible for such personal data in accordance with applicable data protection regulations and standards.
Where do we store your data ?
The data that we collect from you is stored within Australian data storage servers but may also be transferred to and processed in a country outside Australia. Any such transfer of your personal data will be carried out in compliance with applicable laws.
What is the legal ground for processing ?
The processing of your personal account data is based on the consent you give us when you create your DANIEL AVAKIAN account. The processing of your data to provide you with the relevant Product information is based on our legitimate interest If you place an Orer, the processing of your personal data by DANIEL AVAKIAN is necessary for the order fulfilment and delivery service on your behalf
- What are your rights ?
- Right to access
You have the right to request information about the personal data we hold on you at any time. You can contact DANIEL AVAKIAN and we will provide you with your personal data stored by DANIEL AVAKIAN via email
- Right to portability
You have the right to erase any personal data processed by DANIEL AVAKIAN if the information is incorrect, including the righto have incomplete personal data completed
- Right to rectification
You have the right to erase any personal data processed by DANIEL AVAKIAN if the information is incorrect, including the righto have incomplete personal data completed
- Right to erasure
You have the right to erase any personal data processed by DANIEL AVAKIAN at any time except for the following situations :-
1.You have an ongoing matter with DANIEL AVAKIAN Customer Service
2.You have an open account which has not yet been shipped or partially shipped
3.You have an unsettled debt with DANIEL AVAKIAN, regardless of the payment method
4.If you are suspected or have misused our services within the last four years
5.If you have made any purchase, we will keep your personal data in connection to your transaction for book-keeping purposes
Right to restriction
You have the right to request that DANIEL AVAKIAN restricts the process of your personal data under the following circumstances :-
- If you object to a processing based DANIEL AVAKIAN legitimate interest, DANIEL AVAKIAN shall restrict all processing of such data pending the verification of the legitimate interest
- If you have a claim that your personal data is incorrect, DANIEL AVAKIAN must restrict all processing of such data pending the verification of the accuracy of the personal data
- If the processing is unlawful you can oppose the erasure of personal data and instead request the restriction of the use of your personal data
- If DANIEL AVAKIAN no longer needs the personal data but it is required by you to defend legal claim
How can you exercise your rights ?
We take data protection very seriously and therefore we have dedicated Customer service personnel to handle your requests in relation to your rights stated above. You can always reach them at email@example.com
Shipping & Delivery
Is DANIEL AVAKIAN shipping / packaging Ecological ?
Ecology is an important matter to us. That’s why we keep looking for new ways of reducing the ecological footprint of our deliveries. On one hand, we try to reduce the fuel consumption of our deliveries. We achieve that optimising the size and format of the packaging where you receive your order. On the other hand, we are continuously looking for new materials that are more ecological, more recyclable or re-suable, to package your orders. This means that for us is more important that your package is ecological, rather than beautiful. This could be difficult to understand from a marketing point of view. We strongly believe that it would be irresponsible to use non-ecological materials in a package whose useful lifetime is maximum 5 days (ie between our factories and your doorstep). Unfortunately, depending on the country we can use one or other type of packaging, rest assured it will be the most ecological we can use, ensuring an optimal delivery to your place.
What is the delivery time for my order ?
It normally takes only 21 working days in total for producing your Product and shipping anywhere in the world. In fact we aer the fastest company offering quality made to order / custom clothing. If the estimated date of delivery is on a weekend, the delivery will most likely arrive on the following Monday. Whilst average delivery time is 21 working days, DANIEL AVAKIAN the delivery time will be not longer than 30 working days except in situations, events or circumstances, which are beyond our control. That’s why in case you need our garment for a specific event, you should place your order with enough time in advance. We can’t accept returns due to delivery delays.
Do I have to pay customs or other taxes to get my orders sent to my place of preference ?
After placing an DANIEL AVAKIAN Order you should not have to pay any additional amount.
How can I get free shipping ?
We do offer domestic free shipping on orders above $150. On orders under that threshold, shipping cost is as low as $25. We do offer international free shipping on orders above $250. On orders under that threshold, shipping cost is as low as $50.
Where do you ship to ?
We ship worldwide. We deliver to you place of preference be it work or home or some other nominated address.
Payment & Customer Credit
How can I pay ?
DANIEL AVAKIAN accept payment through / by :-
- all major credit / debit cards
- internet bank transfers
How safe is your payment options ?
Our payment gateway is completely safe. We use a specialised provider in payments that integrates encrypted credit card provider processing, which allows your confidential payment data to be transmitted securely
Gift Cards (not applicable right now)
Promotions (not applicable right now)
Can I order online and still get my Product to fit ?
We understand you want some reassurance when ordering online, that’s why we created our ‘Fit Protect’ policy. We have developed and integrated the 3D body scan service that can be utilised through the App downloaded onto your mobile phone. With this service you can be sure you will be happy and satisfied with your Pre-order / Made to Order Product purchase. Our bodies should not be forced to fit a garment size, but the other way round. That’s why we encourage you to try our Pre-order / Made to Order Products and discover that they fit you better than any other standard size garment you ever had. If, against all the odds, your garment does not fit well, we advise you to visit a local Tailor / Dressmaker / Alterations Shop and, based on our understanding as to what alterations are required and then our prior approval of same alterations and costs, we will cover the alteration costs. And if the Product can not be altered, we will remake you a completely new Product to your satisfaction
What if I make a mistake whilst measuring ?
Using the 3D body scanning App it is very difficult to make a mistake in getting measured – but follow the App instruction video carefully and correctly. The 3D body scanning App algorithms determine your measurements more accurately than an experienced Tailor’s tape. And fortunately our Fit Protect policy will provide assurance that we resolve any mistakes
Is the 3D Body Scanning process easy to complete ?
The 3D body scanning App and platform makes is easy, convenient and quick to use. We simply send you an invitation to 3D body scan, you follow the tutorial whilst you scan and the send us back the scan per the App instructions. The process takes 1 minute and you can scan in the privacy of your home or anywhere convenient for you. All you need to do is wear active lifestyle clothing and stand in front of a plain light coloured wall with no obstructions behind you (such as furniture / wall hangings etc). This scan provides DANIEL AVAKIAN with 165+ vertical and horizontal body measurements that are extremely accurate. And it is almost impossible to make a mistake and you do not need anyone to help you through this process.
Are your Products really made to measure ?
Indeed, at DANIEL AVAKIAN all Products are made to fit your specific and unique body measurements based on either the white label DANIEL AVAKIAN 3D body scan or based on fit analytics
Do you offer standard sizing’ ?
We also offer garments in standard sizes. And that’s good news for you ! Whilst DANIEL AVAKIAN does not have any garments in stock – our Stock Order Products are specifically made to Australian standard body measurements and specific style preferences.
Can I send you a fabric and you make my Product with it ?
Unfortunately we can not do that. We do not work with fabrics supplied by Customers. We only produce Products from fabrics available from our trusted Suppliers and that are represented on our Website. There are many and the best quality fabrics on our Website and we are sure you will find a fabric that you love there. The Website also informs you of the fabric properties and details for your assurance of quality.
Could you send me fabric samples ?
Yes – we offer fabric samples and you can order almost any fabric swatch for our Products. Fabric swatches may take up to 10 working days to get to you as they are sent through public mail. Please note that we do charge $20 / swatch to send fabric swatches but, assume you place an order with DANIEL AVAKIAN, we will credit same fabric swatch charge against your order
What if a fabric I like is out of stock ?
If a fabric is out of stock we will both advise you as to the timing of same fabric being returned to stock and advise an appropriate substitute for your consideration and selection at your volition
Can I order something that is not displayed on the Website?
DANIEL AVAKIAN does offer bespoke styling and Product opportunities based on ‘Customer inspiration/s’ but note that DANIEL AVAKIAN will :-
- Not copy other Designer / Brand creations or styling and thus will insist of modification to same inspirations but within Customer preference and tolerance
- Work with Customers to design then produce a bespoke Product rather than a Custom Product which will mean additional cost and time to delivery
What does it mean that you are an Ethical Brand ?
It is very important to us to emphasise this concept because we really believe that you buy our Product not only because the fit and are amazing quality and value for money with fit guarantee but also because they are produced ethically All our China Factories support their employees with stable, clean and comfortable work environment plus pay a fair labour rates with medical and superannuation contributions so that they and their families benefit from such employment. Our China Factories provide employees with a sustainable and motivating career rather than just a job And our commitment to sweatshop free labour practices is a long term investment and a demonstration that such an ethical and sustainable business and employment model is sustainable in China.