What we will and won’t do
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Custms Pty Ltd. (“Custms”) and apply to the ordering, purchasing, fulfilment and delivery of your shoes from the domain name custms.com.au (“Website”).
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of your shoes.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Custms.
Revisions will be posted to this page. You agree to be bound by any revisions.
“Shoes” means those goods available from Custms via the Website.
“Order” means an Order for shoes placed via the Website.
Communication By Us
As a condition of creating an account with Custms, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
a) “Administrative Emails” involve details of account activity and purchases you have made.
b) “Promotional Emails” consist of product information, new offers and information about Custms. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
Placing your order
You may place an order with Custms by completing the order form on the Website and clicking the “Order” button.
When you place your order, we will issue you with an order number by email.
Please note that this is not a confirmation that your Order has been accepted.
By placing an order, you make an offer to us to purchase the shoes you have designed, or other product you have selected, based on these Terms and Conditions.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
Formal acceptance of your offer will occur when we email you confirming your order and, where you have ordered a pair of bespoke shoes.
If we cannot process or accept your order after payment is received, we will contact you by email or telephone.
You agree that, if your purchase is accepted by Custms in accordance with these Terms & Conditions you are also contracting with Custms to arrange for the delivery of those products to your nominated address.
You agree not to post or transmit to the Website any material which:
is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
is not properly licensed for use on this Website;
violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
infringes on the rights of a third party in any country in the world; or
has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
Access to Custms
Custms may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms and Conditions. Custms has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you.
If you decide to purchase a pair of shoes from the Website, you agree to promptly pay the associated fee. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution.
Gift certificates and e-gift certificates will not be redeemable or exchangeable for cash or replaced if lost or stolen. Gift certificates and e-gift certificates will expire at midnight one calendar year after the date of purchase.
Gift certificates and e-gift certificates are issued by Custms Pty Ltd (ABN 40 618 934 375) an Australian company. When you purchase, receive or apply a gift certificate or e-gift certificate to your account or your purchase, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Custms Pty Ltd (ABN 40 618 934 375) and its affiliates related to your use of a gift certificate or e-gift certificate.
You acknowledge that all discounts arising from promotional offers are applied to transaction amounts only before any applicable sales tax and existing account credit or gift certificate credit are applied to the total amount of your order.
Discounts will be calculated on the final amount of an order taking into account any refunds, additions or deletions.
Promotional offers cannot be used to purchase gift certificates.
Only one promotional offer can be used per order.
Custms reserves the right to verify the validity of the promotional offers redeemed by you at any time. If we have reason to believe that there has been unauthorised use of a promotional offer then we can revoke this offer and cancel your order at our discretion.
Credit Card Fraud
Custms, through our transaction providers Stripe, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However, Custms will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this Website.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.
Production of your Products
“Standard Production” means crafting shoes according to our standard production time and delivering with our fulfillment partner. The making of your personalised shoes and delivery time takes up to 21 working days from the date your payment is received.
“Express Service” means we will prioritize your order, handcraft and expedite delivery your shoes, where shipping with our fulfillment partner, provided you have selected this option upon placing your order and paid the additional charges.
If we are unable to ship with our fulfillment partner to the delivery address supplied by you, we will contact you to discuss further.
Delivery of your Products
Custms makes every effort to deliver your custom made shoes or other product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made shoes or other product has not arrived after the estimated delivery time, please contact us.
We encourage you to visit the ‘your account’ section on our Website to view the delivery status of your custom made shoes or other product.
Unless otherwise agreed by us, we will deliver your custom made shoes or other product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made shoes or other product from a third party address. Deliveries lost, stolen or damaged under these circumstances are not covered by the Custms returns for refund, or by our carrier.
Outbound links from this Website are provided for your convenience.
Custms has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website.
Some General Stuff
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Custms. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Custms reserves the right to change the Terms and Conditions at any time.
No Custms employee or agent has the authority to vary any of the Terms and Conditions.
Custms shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Custms, and Custms will be entitled to a reasonable extension of time for the performance of such obligations.
Disclaimer and Liability
Whilst every effort has been made to ensure the information contained within this Website is correct, Custms makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
Custms including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
Governing Law and Severability
This contract will be governed by the laws of New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.