Cart 0

Sark Studio Terms and Conditions

REGISTRATION

You may purchase from the SARK STUDIO Site as a guest or by registering. If you decide to register, please use accurate and current information.

You should provide an account password that is unique and kept secure, and you must notify us immediately if there is any breach of security or unauthorised use of your account.

ORDERS

All orders are subject to availability and acceptance by us.

PRICING

Prices shown are in Australia Dollars and include GST (Goods and Services Tax) at the applicable rate unless you have selected a country other than Australia. 

If you are a non Australian customer whose credit/debit card is not charged in Australian dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. GST will not be charged.

ACCEPTANCE OF ORDER

Once you have placed your order, you will receive an email acknowledging the details of your order. This email does NOT constitute an acceptance of your order. It is confirmation that we have received your order. 

Acceptance of an order will be deemed to occur when we email to confirm the goods have been dispatched. A contract between us will then come into existence in New South Wales, Australia and will be governed by the laws of that state. 

We reserve the right not to accept any order for any reason at our discretion. Examples include; if we are unable to obtain authorisation for payment, if the item ordered is out of stock, or if you are not eligible to purchase from this Site. 

We will not be liable to you or any third party if we withdraw any merchandise from the Site or refuse to process a transaction for whatever reason.

PURCHASES and PAYMENT

You must provide credit card details that are valid and correct and confirm that you are the person referred to in the Billing information that you have provided. You must be over 18 years of age. 

We may also use personal information provided by you to conduct anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. 

Payment can be made by Visa, MasterCard, American Express, Visa Debit, and Paypal. Payment will be debited and cleared from your account upon dispatch of your order by SARK STUDIO. 

You confirm that the credit/debit card that is being used belongs to you. We reserve the right to conduct validation checks and obtain authorisation by the card issuer for any transaction. If a payment authorisation is refused, SARK STUDIO will not be liable for any delay or non-delivery. 

We take all reasonable care to make our Site secure. Card transactions are processed using a secure online payment system that encrypts your card details in a secure environment. 

We take reasonable measures to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss suffered by you or any third party if your data is accessed by unauthorised persons/organisations.

INSURANCE AND DELIVERY

SARK STUDIO insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery. If you request delivery without signature, you accept responsibility for the goods from the time of despatch. 

We aim to dispatch all orders within 2 business days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. SARK STUDIO is not responsible for any delays caused by destination customs clearance processes.

RETURNS AND EXCHANGES POLICY

If you change your mind about your online purchase, you may return the garment for an exchange, credit note or a refund provided the following conditions are met:

  • Items must be returned within 14 days of receipt of garment
  • Items have not been worn and are in original condition with swing tags still attached
  • Items are returned with original invoice and if required credit card or bank details for refund payment. If you would prefer a credit note, this will be sent to you.

PLEASE NOTE: Sale items are entitled to a credit note or exchange only and cannot be returned for a refund. Sale items refer to any product that is sold at a reduced/discounted price.

For all returns and exchanges, provided that you have met the above conditions, please return the garment to our store at Sark Studio 431 Crown St, Surry Hills, NSW 2010 Australia.

GENERAL TERMS


All products sold by SARK STUDIO Pty Ltd are new and are manufactured to meet the highest industry standards. All prices and specifications are subject to change without notice. Any discrepancy, including wrong items or missing items, should be reported to SARK STUDIO Pty Ltd within 24 hours. Because of the nature of the Internet, online ordering your purchase from SARK STUDIO Pty Ltd acknowledges that you have read and agree to these terms and conditions. All brands and product names mentioned are trademarks and/or registered trademarks of their respective holders. 

SARK STUDIO Pty Ltd Return Merchandise Authorization (RMA) Policy:

  • All order changes or cancellations should be reported prior to shipping and by phone on +612-9310-1544. Email is not accepted.
  • All products, unless otherwise stated, are covered by standard manufacturer’s warranties. Within thirty (30) days, we will repair or replace, at our sole discretion, any product that is deemed defective. ‘Defective’ does not include normal wear and tear or accidental damage to the garment caused by the purchaser. PLEASE NOTE that garments are VERY carefully checked before despatch to ensure no defective goods are despatched. SARK STUDIO Pty Ltd reserves the right to replace defective items or to issue a refund if SARK STUDIO Pty Ltd deems more appropriate.
  • We have made every effort to display as accurately as possible the colours of all garments that appear on the SARK STUDIO website. However, computer monitors vary, and we cannot guarantee that your monitor's display of any colour will be identical to ours.
  • If you change your mind about your online purchase, you may return the garment for an exchange, credit note or a refund provided the following conditions are met:
    • Items must be returned within 14 days of receipt of garment
    • Item has not been worn and is in its original condition with swing tags still attached
    • Items are returned with original invoice and if required credit card or bank details for refund payment. If you would prefer a credit note, this will be sent to you.
PLEASE NOTE: Sale items are entitled to a credit note or exchange only and cannot be returned for a refund. Sale items refer to any product that is sold at a reduced/discounted price.

For all returns and exchanges, provided that you have met the above conditions, please return the garment to our store at Sark Studio 431 Crown St, Surry Hills, NSW 2010 Australia.

  • There will be no refund for shipping under any circumstances. Customers will be responsible for the cost of any return delivery and for any additional delivery costs for exchanges (unless goods arevdefective).

To request a Return Merchandise Authorization, call 02-9310-1544, obtain an RMA number, and clearly write the number on both the invoice copy enclosed with the returned merchandise and on the packing from outside. Please keep the RMA number and reference it when calling to check on the status of your return. All calls requesting RMA should be in the time designed for them (AERST 10:00 AM to 5:00 PM Tuesday through Friday, excluding national and religious holidays). Incomplete or unauthorized returns will be refused and will be returned to you. 

What This Warranty Does Not Cover
This warranty does not cover: conditions resulting from consumer mishandling such as improper maintenance or misuse, abuse, accident, or alteration; damage due to normal use. 

Limits and Exclusions
There are no expressed or implied warranties except as listed above. SARK STUDIO Pty Ltd shall not be liable for special, incidental, consequential or punitive damages, including, without limitation, direct or indirect damages for personal injury, loss of goodwill, profits or revenue, loss of use from this product or any associated equipment, cost of substitute equipment, downtime cost, loss of data, programs or business information, or any other losses, or claims of any party dealing with buyers from such damages, resulting from the use of or inability to use this product or arising from breach of warranty or contract, negligence, or any other legal theory. All expressed and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.

INTELLECTUAL PROPERTY RIGHTS

Use of the SARK STUDIO site grants you no rights to any copyright, designs, trademarks and all other intellectual property relating to the Content including SARK STUDIO Software and all HTML and other code contained in this Site. Reproduction of any SARK STUDIO content is prohibited and may result in civil and criminal penalties. Use of any site content to any other server or location is expressly prohibited.

CONTENT

Contents of the site include any graphics, photographs and image rights, sound, music, video and audio or text on this Site. SARK STUDIO tries to ensure that the information on this site is accurate and complete but gives no guarantee that SARK STUDIO's Content is accurate or free of mistakes. SARK STUDIO further cannot guarantee that SARK STUDIO's Content will be free of mistakes or that this Site will be free of viruses. Please ensure that you have relevant virus checking software on your computer. This Site is for your personal and non commercial use only and any commercial use of this site or any part of the site is expressly prohibited. Any breach of these terms and conditions will cause your use of the site to be terminated. SARK STUDIO reserves the right to pursue legal redress for any significant breaches of these terms. 

THIRD PARTY

We are not responsible for any content contained in websites that may have a link contained in this site. 

YOUR RIGHTS

You have certain rights under the law. Nothing in these Terms is intended to affect those rights. 

LIABILITY

If SARK STUDIO breaches these terms we shall only be liable for direct losses which are a reasonably foreseeable consequence of any such breach. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us. We are also not responsible for failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control. 

COMPENSATION

You agree to compensate us fully and hold us SARK STUDIO harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

PRIVACY POLICY 

This Privacy Policy governs the manner in which Sark Studio Pty Ltd collects, uses, maintains and discloses information collected from users (each, a "User") of the sarkstudio.com.au website ("Site"). This privacy policy applies to the Site and all products and services offered by Sark Studio. 

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. 

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. 

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. 

Sark Studio collects and uses Users personal information for the following purposes: 

  • To improve customer service
    Your information helps us to more effectively respond to your customer service requests and support needs. 

  • To improve our Site
    We continually strive to improve our website offerings based on the information and feedback we receive from you. 

  • To process transactions
    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. 

  • To send periodic emails. The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. 

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. 

Users may find content on our Site that links to the sites and services of third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\'s own terms and policies. 

Sark Studio has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page,. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. 

By using this Site, you signify your acceptance of this policy and the terms and conditions. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. 

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: 

Sark Studio
431 Crown St Surry Hills NSW 2010 Australia +61 93101544
info@sarkstudio.com.au

GOVERNING LAW

These Terms together with all our policies will be governed by the relevant New South Wales law and the relevant courts of New South Wales will have exclusive jurisdiction.