Terms & Conditions

Terms & Conditions

This website is operated by Levitate Sneakers. Throughout the site, the terms “we”, “us” and “our” refer to Levitate Sneakers. This website includes all information, tools, and services available from this site to you, the user, conditioned upon acceptance of all terms, conditions, policies and notices stated here.

These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree and acknowledge to be bound by these terms and conditions, including the privacy policy and/or any guidelines posted on the website. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website, which may change from time to time without prior notice to you.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms  and conditions

By ordering or registering with https://www.levitatesneakers.com.au you grant us the right to add your contact details to our database and also acknowledge the receipt of email for order and shipping updates. From time to time we may contact you regarding offers, in-store or special events and new products.

Unsubscribing is easy via a link at the footer of each email or by contacting us at support@levitatesneakers.com.au

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to adjust, modify or discontinue the service without notice at any time. We shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the service.

 

PROMOTIONS

General Promotion Terms

Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

Promotions do not apply to gift certificates, shipping, GST or duties or similar services.

Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

For promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

Promotional items are available only while supplies last; We do not issue rain checks for items that run out of stock.

We reserve the right in our sole discretion to extend or terminate a Promotion at any time.

All promotional spend levels and discounts are in Australian Dollars (AUD).

AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

YOUR CONDUCT

Should interaction by you be permitted or allowed on our website, you agree to abide by the following terms and conditions in relation to such interaction:

we reserve the sole discretion to amend, adapt and remove any content from our website without notice at any time;

we do not warrant that we will respond to questions or comments submitted by you;

any content that you post or transmit to our website is and will be treated by us as non-confidential and non-proprietary and we may use such content without restriction;

when you post or transmit any content to our website, you assign copyright that subsists in such content to us;

you must not disrupt the flow of dialogue or otherwise act in a manner that negatively affects other users;

you must not impersonate any other person;

any content that you provide may be posted on the website or social network sites for any other end users of the website to read;

if you download any content from the interactive part of our website, you may not adapt, reproduce, store, distribute, transmit, print, display, publish, create derivative works from or commercialise any information, products or services from such downloaded content.

You agree that you will not post or transmit on or to our website any content that:

is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;

incites or encourages conduct that is unlawful;

contains information that is false or misleading;

contains unsolicited advertising or promotional materials

contains material in which the copyright is owned by another person or entity, is not your original work or is sourced from any third party;

contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware

You acknowledge that we have the right to monitor the contents of the entire Website, including but not limited to chat rooms, emails, forums, posting and advertisements. You acknowledge that while we have the right to monitor the entire Website, we do not have an obligation to monitor the website. We advise that monitoring of the website is to ensure compliance with the terms and conditions, privacy policies and guidelines contained within the website. Monitoring of the Website will also occur to ensure compliance with all applicable laws and regulations.

We reserve the right to remove any content posted on the website.

DISCLAIMER AND LIMITATION OF LIABILITY

In this clause, the expression "we, us, our" includes reference to our employees, agents, affiliates and related third parties.

We are unable to guarantee that the use of the website will be uninterrupted or error-free and you agree that the use of the website is at your sole risk.

We do not accept responsibility for any loss, damage, injury, expense or cost, however, caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

We accept no responsibility for any equipment you use to access the website or any loss, damage, injury, expense or cost suffered to that equipment.

We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears on our website.

We do not accept any liability for the accuracy or content of any material posted or transmitted by other users to our website. We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by another user.

We do not accept any responsibility or liability for any content which you post or transmit to our website, nor do we accept any responsibility for any use or misuse which you or any other users or guests make of content that you post or transmit to our website.

If you download any content from our website, you acknowledge that we are not liable to you for any loss, damage, injury, expense or cost, however, caused or incurred, arising from the downloading or subsequent use of the downloaded content.

You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied over this website.

ORDERING PROCEDURE

You may offer to purchase goods or services described on this website for the price specified on this website.

Your order must contain your name, email address, credit card details and any other ordering information specified on this website.

Your conduct in placing an order on this website acknowledges your acceptance of these terms and conditions.

Once your order has been received we will, within seven (7) days provide an electronic order confirmation.

Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. The goods or services are offered for sale only to persons who can make legally binding contracts.

Any orders will become your property at the time that they are shipped to the address provided to us, provided that we have received full payment for the order.

ORDER ACCEPTANCE POLICY

Your receipt of electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to decline or accept your order for any reason. All orders placed may obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting and processing any order.

CANCELLATION OF ORDERS

We will accept or decline cancellations of any orders placed at our sole discretion. Should you wish to cancel an order placed we must be immediately notified in writing before the goods have been shipped. If the goods have been shipped we reserve the right to refuse the order cancellation request or charge a cancellation fee should we be unable to request the return of the package from our delivery service?

EXCEPTION TO DISCLAIMER

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

SPECIFIC WARNINGS

In this clause, the expression "we, us, our" includes reference to our employees, agents, affiliates, subcontractors and related third parties.

You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of your reliance by you upon the accuracy or currency of the information contained on this website.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

COPYRIGHT

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Cth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website; without our written permission.

Abuse of this provision may result in copyright infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.

TRADEMARKS

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

If you use any of our trademarks, whether registered or not, in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

in or as the whole or part of your own trademarks;

in connection with activities, products or services which are not ours;

in a manner that may be confusing, misleading or deceptive;

in a manner that disparages us or our information, products or services (including this website).

We provide no license or assignment of any Trademark and the ownership of the Trademark resets with us, or if licensed to us, to the owner of that Trademark.

Abuse of this provision may result in trademark infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.

LICENSE

By submitting, posting or by otherwise placing any material onto the website you grant to us in respect of all material a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material.

By submitting, posting or by otherwise placing any material onto the website, you warrant that you are the owner of such material and where you are not the owner, you warrant that the owner has provided to us royalty-free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material.

RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

The right to use this website is personal to you and can not be transferred to any other person.
We maintain the ownership of all copyright/trademark material downloaded from our website.

 

LINKED WEBSITES

This website may contain links to other websites ( "linked websites" ). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

 

TERMINATION OF ACCESS

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

GENERAL

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the website.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish of the parties that this agreement and all related documents are drawn up in English.