Terms & Conditions
TERMS AND CONDITIONS
For Sale of Goods & Use of Website
Please read these Terms and Conditions carefully before using the Foot of the Mountains website or placing an order with us as these Terms and Conditions constitute a contract between you (the customer) and Foot of the Mountains.
Use of the Foot of the Mountains website is at your own risk and subject to acceptance of these Terms and Conditions i.e.; you agree to be bound by these Terms and Conditions when you submit an order and or use the website. All references to the website refer to the use of the Foot of the Mountains website.
We may amend these terms and conditions at any time without notice to you.
Placing an Order
You acknowledge that all orders submitted through the website are intended only for personal, domestic and non –commercial use. Quantity restrictions may apply as stated on the website from time to time.
In order to purchase goods from the website you must complete an electronic form which will create a Foot of the Mountains account.
You must provide Foot of the Mountains with accurate personal information including a valid email address. You must not provide another person's details as your own, this is not an acceptable procedure and we reserve the right to cancel/reject your order. Foot of the Mountains will not be liable to you, any third party for any delay, failure to deliver or process an order due to inaccurate or incomplete details provided in respect of an order by you.
Once you have submitted your offer to buy goods it cannot be withdrawn or changed including your delivery details, items, colours or sizes without our approval.
You must obtain the consent of any gift recipient before providing their personal information to Foot of the Mountains via the website.
You will be provided with an order number for your purchase. Please quote this number when contacting us directly.
In order to prevent fraud please note that we may insist on proof of identity of the credit card holder prior to releasing the goods ordered. Where identification is not properly made the goods will be retained by Foot of the Mountains for further inquiry and the order may be cancelled if, when required you cannot provide acceptable proof of identity.
Rejection or Cancellation of an Order
Foot of the Mountains reserve the right to reject or cancel your order at any time for any reason, if this were to happen we will notify you of same and the reason for rejection via email. Foot of the Mountains will not be liable to you or any third party for the rejection of an order.
Where an order is rejected or cancelled we will refund any money paid (only to your previously nominated credit card in order to minimise the possibility of fraudulent activity) and try to process your refund within five days. Please note the receipt of your refund will depend on the time taken by your financial institution to process the refund. Foot of the Mountains is not liable for any loss, damage, cost, expense or injury you may experience due to a delay in the processing of your refund.
Availability of Stock
You acknowledge that from time to time some of the goods on the website may be “sold out” or unavailable which may result in us not being able to fulfill some or all of your order. Where this occurs we will refund you the part of the order that we cannot fulfill. Please note the receipt of your refund will depend on the time taken by your financial institution to process the refund. Foot of the Mountains is not liable for any loss, damage, cost, expense or injury you may experience due to a delay in the processing of your refund.
We reserve the right to withdraw any goods from sale at any time without notice to you. Foot of the Mountains will not be held liable for loss to you or any third party as a result of the withdrawal of goods from the website.
If your order is affected by an error on the website pertaining to the description, colour, price, sizing, material or otherwise we reserve the right to reject the part of the order subject to the error. We will fulfill the rest of your order and provide a refund for the part of the order we rejected, however if you are not happy with a partial fulfillment of your order you can return the goods to us within 14 days and we will refund you for entire order. You will be deemed to have accepted the modified order after the 14 day period. In such circumstances we will always try and contact you to see what your preference is regarding order fulfillment. Please note the receipt of your refund will depend on the time taken by your financial institution to process the refund. Foot of the Mountains is not liable for any loss, damage, cost, expense or injury you may experience due to a delay in the processing of your refund.
You acknowledge that the images of goods on the website are for illustration purposes and the actual colours, dimensions and sizes may vary and that it is your responsibility to ensure that each item is suitable for your purpose prior to submitting an order.
Prices and Payment
In paying for goods on the website you warrant that you have not engaged in any fraudulent activity pertaining to the submission, payment and or otherwise of this order.
All prices on the website are quoted in Australian Dollars and include GST.
Quoted prices are subject to change. All prices displayed on the website are valid as at the time shown.
When placing an order you agree to pay the price shown on the website as at the time of the order plus the delivery fee (if any).
You can choose your payment method as offered on the website.
You authorise Foot of the Mountains to debit your nominated credit card when you submit an order. Note; the name on the credit card must be the same as the name on the order.
If your payment cannot be processed your order will be rejected.
We use an encrypted payment services provider and take all steps to ensure payment security however, we cannot guarantee the security of any transaction.
Gift Vouchers purchased online can be used in our online store OR at our shop in Glenbrook.
Our Gift Vouchers do not have an expiry date.
Security of your website account
Refunds are not available for gift vouchers and they are not redeemable for cash. If using your Gift Voucher/Card in our physical store we will ask to see identification before allowing it to be used. If we are not satisfied with the identification provided we reserve the right to cancel the Gift Voucher/Card, in this case we will refund the money to the person who bought it in the first place. This procedure is designed to protect us both from fraudulent acts.
When you create an account with Foot of the Mountains you will be required to enter a password. You acknowledge that you are solely responsible for the security of your password to the website. Essentially this means that you are responsible for the purchase of any goods undertaken through you account.
You must notify us immediately if you believe someone has access to your password.
Although a secure server is used to establish an account and place an order Foot of the Mountains makes no warranty in respect of the strength or effectiveness of the encryption program/system and accept no responsibility for any event arising from the unauthorised access or use of information you provide.
Delivery of Goods
Foot of the Mountains uses agents to deliver goods accordingly you acknowledge that some of your personal information (name and address) will be passed onto the delivery agent for the sole purpose of delivering the goods you have ordered.
We will provide indicative time frames for delivery on the website however, you acknowledge that Foot of the Mountains cannot guarantee that delivery will occur within the exact delivery time frame and excepting applicable law is not liable with respect to any loss, damage cost or expense incurred or sustained by you or any third party as a result of delay or change in the delivery.
Goods will be delivered to the delivery address shown on your order.
If we cannot make the delivery due to the size of the package or other reason a calling card will be left for you to collect the goods from Australia Post.
If you do not collect your goods from Australia Post within 10 days the goods may be returned to us by Australia Post. In this case you may be required to pay the additional costs for redelivering the goods.
If the goods delivered have been damaged in transit, not as you ordered or there are goods missing please contact us immediately via the Contact Us section of the website.
Returns and Refunds
Foot of the Mountains offers a 14 day Return Policy. You are liable for the cost of returning the goods purchased within the 14 day period if you want a full refund.
Note we do not refund for incorrect choice after the 14 day period nor issue a credit against such a purchase.
If the product is faulty when you receive it you can return the product by post to Foot of the Mountains for a full refund. Faults will be assessed by the manufacturer and or their agent. If the product is found to be faulty we will refund you for the cost of the goods and the postage.
Please note the receipt of your refund will depend on the time taken by your financial institution to process the refund. Foot of the Mountains is not liable for any loss, damage, cost, expense or injury you may experience due to a delay in the processing of your refund.
Loss of Goods
The risk of loss of goods shall be passed onto you at the date and time in which we pass the goods onto our delivery agent.
If you breach the Terms and Conditions of the website Foot of the Mountains reserves the right to terminate access to your account and use of the website at any time without any notice.
You acknowledge that although the website may have links to other websites that are owned and operated by third parties we are not responsible for the content, operation and or loss or damage sustained by you or any third party (directly or indirectly) through the use of any other website.
Copyright and Trademarks
All information, text, graphics, symbols, material and software on the website are Copyright of Foot of the Mountains Pty Ltd ABN 70 139 740 097 and or licensors, unless expressly indicated to the contrary.
You can use the website for the purpose of placing an order but for no other purpose.
You must not modify, copy, distribute, frame or embed any website content, text, graphics, symbols material or otherwise onto another website or reproduce it in any form without prior written consent
The website is protected by law. The use of, unless expressly authorised of any of this content is strictly prohibited.
We take care to ensure that the website and any corresponding data transmissions are free from viruses however, we cannot guarantee that any file or program available for download is free from viruses or any other condition which may adversely affect, damage and or interfere with your computers functionality it is your responsibility to scan any such data for viruses. You assume all risk when using the website and release Foot of the Mountains of all responsibility for any consequence of its use.
This contract is governed by the laws of New South Wales, Australia any dispute arising out of your use or purchase (made via the website) will be subject to the courts of this jurisdiction.
Disclaimer and Liability
The information on this website is provided by Foot of the Mountains, in good faith and is to the best of The Foot of the Mountains knowledge correct and accurate. Foot of the Mountains provides no warranty as to the accuracy, completeness, correctness or comprehensiveness of any product on the website, this site and its contents are provided to you on an “as is” basis.
Foot of the Mountains and its related bodies corporate, their directors, officers, shareholders, employees, agents, contractors and other third parties associated with running the website make no representations express or implied as to this website, the content, products, materials or information contained therein.
Accordingly Foot of the Mountains to the extent permitted by law disclaim all liability and responsibility for any loss that might be suffered by you or any third party caused by the sale, prize winning or however obtained of any product from The Foot of the Mountains website including, without limitation, loss or damage as a result of negligence.
Once you have placed your order we will endeavour to meet the time frames shown below at all times. For further information refer to the Terms and Conditions for the Sale of Goods and Use of the Website.
We use Australia Post Express Post delivery is usually within 3-5 days. Costs are as follows:
- Orders under $100 with weight of 1.6kg and over - $12.95 per pair/item
- Orders under $100 with weight of 1.5kg and under - $6.95
NO DELIVERY FEES FOR SINGLE ORDERS OVER $100. Multiple orders totaling more than $100 do not qualify for free delivery.
Orders placed on a weekend or public holiday will be processed on the next business day.
Delivery charges are non refundable unless the goods are determined to be faulty.
Purchases made on the Foot of the Mountains website or otherwise facilitated by Foot of the Mountains Pty Ltd can be returned to us within 14 days of delivery for a full refund and or exchange, you are liable for the cost of the return postage in this instance. We do not issue a store credit in the sum of the value of the goods purchased or returned.
Returned shoes must be unworn, undamaged, unmarked and untreated with any chemical and or protective substance, they must be returned in their original undamaged shoe box or packaging.
Return Postage is at your expense unless you are returning the goods because they are faulty. Note that all shoes must be returned at your expense. if the shoes have been returned because you believe them to be faulty we will have them assessed and if the shoes are deemed to be faulty we will refund the cost of the goods that are faulty plus any postage for normal or express post (not courier or any other costs associated with or for the return of the shoes).
To speak to someone directly about your return please call us directly on
(02) 4739 1100.