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Terms & Conditions

HOME  /  TERMS & CONDITIONS

SALES POLICY & TRADING TERMS AND CONDITIONS

SERVICE PROVIDED

 DANIEL AVAKIAN offers both (1) Stock and (2) Pre-Order/Made to Order Products for Menswear and Womenswear fashion apparel and accessories. On the Website you will find detailed descriptions of the Products that can be purchased.

 Variations in manufacturing processes, monitor and screen settings, and other factors may show products to be slightly different in appearance to those shown and described on the Website;

All Products on website are subject to availability. If a Product you have requested is not available, we will contact you to offer a suitable replacement or substitution, with your consultation.

Please keep in mind that your Order will only be processed and confirmed once received authorisation from your financial institution or credit/debit card provider.

DANIEL AVAKIAN reserves the right to make unannounced changes to the Website when considered as appropriate, including to change, delete or add content and services provided, as well as the way Products are presented or located on the Website.

DANIEL AVAKIAN delivers Australia-wide and Internationally from both Australian and overseas sourced materials, and produced in factories providing monitored and managed ethical and humane employment practices.

 CURRENCY INFORMATION & PRICES

 AUSTRALIA

 All prices indicated and payments made for DANIEL AVAKIAN Products are in Australian Dollars (AUD). All prices are inclusive of Goods and Services Tax (GST).

 INTERNATIONAL

 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 charges to overseas customers are not included, and will be added at checkout, as per Terms of Delivery Information.

 DELIVERY INFORMATION

Delivery time is usually up to 14 business days from the date of Order Confirmation. 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.

 AUSTRALIA

Delivery Cost: Orders above $150 in value are eligible for FREE DELIVERY. Orders less than $150 in value are charged at $25 (flat fee) Delivery fee per order.

Stock Order: Deliveries of Product in stock within Australia should deliver within 14 business days from Order Confirmation.

Pre-Order/Made to Order: Deliveries of Pre-order or Made to Order deliveries within Australia should deliver within 28 business days from Order Confirmation.

Every effort is made to have your purchase 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 may 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 above. In the event your shipping details have not been entered correctly, we cannot be responsible for loss of any orders.

 INTERNATIONAL

We are pleased to offer International Delivery to most countries. The fees will be calculated at checkout, or please contact us via email at info@danielavakian.com for more information.

International Deliveries may incur additional charges or fees, including import duties, taxes and customs charges, which may be payable by the receiver.

 DANIEL AVAKIAN guarantees delivery except in situations, events or circumstances that are beyond our control.

 RETURNS AND EXCHANGE POLICY

Stock Order: If for any reason you are not happy with your purchase we are pleased to offer you a refund or exchange. We do not accept returns or exchanges on sale product. 

Returns or exchanges are accepted on Product within 14 days of receiving your purchase.

Items must be returned in their original condition, unworn, unaltered, unwashed and with their tags attached.

Pre-Order/Made to Order: Please note that Pre-Order or Made to Order returns are only accepted if the item is faulty. No returns or exchanges for change of mind. If you believe there is a fault with your Product please contact us at info@danielavakian.com to assist you in determining the issue and the process for making a claim.

If a fault is identified we reserve the right to either repair or remake the item. If the item is not repairable then we will process a refund per our Refunds and Exchange policy.

You must let us know of any faults within 14 days of receiving your purchase.

Items must be returned in their original condition, unworn, unaltered, unwashed and with their tags attached.

If you believe an item or services is faulty, not of acceptable quality, does not match the description provided or is not fit for purpose, you may be entitled to a remedy under the Australian or New Zealand Consumer Law. However these consumer guarantees do not apply where the item was damaged due to abnormal use or misuse.

 How to request Return Authorisation or Notify of Fault:

  1. Request your Return Authorisation (RA) number or Notify of Fault by emailing info@danielavakian.com within 14 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 and instructions for sending the items back.
  4. Refunds are made less return postage costs. Please note the original postage charge cannot be refunded. Items resent to the original shipping address after evaluation, repair, replacement will be shipped free of charge. Refunds can only be credited to the original Credit/Debit Card used to purchase the items. Refunds may be processed within 1-2 days of approval, however please keep in mind they can take up to 10 business days to come through onto your account.

 RESERVATION OF RIGHTS REGARDING RETURNS/EXCHANGES/REFUNDS:

DANIEL AVAKIAN reserves the right to deny refund, return acceptance, repair or remake requests in circumstances where the items are not returned in their original condition, worn, altered, washed or without their tags attached, except under the protection offered under Australian Consumer Law.

ORDER CANCELLATIONS AND 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.

Orders may not be cancelled or changed after Payment Confirmation, except where DANIEL AVAKIAN is unable to deliver, within the advised schedule, any items due to any production, supply, logistics or any other issues.

INTELLECTUAL & INDUSTRIAL PROPERTIES

The DANIEL AVAKIAN Website and its contents, including its services, programs, data, designs, tests, graphics, logos, icons, devices, buttons, as well as the software, commercial names, Brands, creative works, illustrations, photographs or industrial and 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 areprotected 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 website contains links to other Websites that you may visit. We have no control over the content of these Websites, nor so we proof them. If you access a Website that has a  link provided on this Website, you accept that DANIEL AVAKIAN is 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 offence, damage of loss that occurred through visiting any of these Websites.

SOCIAL NETWORKING

The Intellectual and Industrial Property conditions also apply to any posting to or on any DANIEL AVAKIAN affiliated websites, such as Facebook, Twitter, Instagram, TikTok, YouTube or other social networks. All comments, images, videos and other material on Third Party social networks do not necessarily reflect the opinion or ideas of DANIEL AVAKIAN or its employees, and 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.

COOKIES

The DANIEL AVAKIAN Website stores information and the IP addresses of computers and uses Cookies. Cookies are small text files that contain the information and which are stored on the hard drive of the computer when the Customer/User visits the DANIEL AVAKIAN Website. Cookies help us improve the Website and make navigation easier and personalised for you. Specifically, they allow us to:

Estimate website usage numbers and browsing patterns.

Store information about your preferences and improve the Website accordingly.

Simplify and speed up your searches, webpage responsiveness, and enhance your user experience.

Recognise you when you return to the DANIEL AVAKIAN Website.

The Customer/User can prevent the use of Cookies by setting the browser to not accept Cookies. However, if you do not accept Cookies, you will not have access to some features of the DANIEL AVAKIAN Website and, it may lead to loading errors in some browsers, and reduced functionality.

PRIVACY POLICY

Data privacy is of high importance for DANIEL AVAKIAN and we want to be open and transparent in relation to the 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 may 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.

Ensure personalised Orders 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 to validate your online shipping details, and to confirm your delivery address with external Partners.

What kind of personal data do we process?

We may process the following categories of personal data including contact information such as name, address, email address, telephone number, task file information, order information, purchase and transaction history.

Who has access to your personal data?

Your personal data that is forwarded to third Parties, is used to provide you with the services mentioned above, including for 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 will  never pass on, sell or exchange your personal data with third 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 right to 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 right to 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.
  1. You have an open account which has not yet been shipped or partially shipped.
  1. You have an unsettled debt with DANIEL AVAKIAN, regardless of the payment method.
  1. If you are suspected or have misused our services within the last four years.
  1. 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 us by email at info@danielavakian.com for any further information.




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