ERES PARIS AUSTRALIA PTY - BOUTIQUES GENERAL CONDITIONS OF SALE

All sales in our boutiques operated ERES PARIS AUSTRALIA PTY LTD (“ERES”), excluding department stores and franchises, are subject to the general conditions of sale set out below.

1.    Sales are retail sales in normal retail quantities and are intended for personal use only and items purchased must not be subsequently resold wholesale. A receipt is given for each sale and no duplicates will be supplied. An invoice will be drawn up on request.

2.     The purchase receipt or original exchange voucher will be requested for any exchange of items accepted by ERES. Non-sale items can be exchanged (credit note only) within two (2) months from their purchase date providing they have not been worn or altered, are in a perfect condition, accompanied by their original packaging, and if appropriate the accessories sold with the item(s), and providing they were purchased in a stand-alone boutique operated by ERES. Sale items can not be exchanged unless they have a manufacturing fault.

3.     Two-piece swimsuits comprise two (2) articles: a bikini top and a bikini bottom. These articles are only sold together and can not be purchased or returned separately.

4.     Items with a manufacturing fault which can not be repaired will (subject to proof of purchase) be exchanged with an identical item (subject to availability) or a credit note will be given, providing the item has been used normally and in accordance with the cleaning instructions card handed over when an ERES brand item is purchased. For the avoidance of doubt fair wear and tear is not a manufacturing fault.

5.     Credit notes must be used within twelve (12) months exclusively in a stand-alone boutique operated by ERES (not an in-store concession boutique or franchise).

6.     If the purchaser asks for an alteration to be made to the purchased item, this must remain an alteration (rather than substantial re- modelling of the item, determined at ERES’ discretion). Alterations are free-of-charge for non-sale items in the current collection where alteration is requested at the time of purchase or within one (1) month from the purchase, on presentation of the purchase receipt. Unless subject to manufacturing fault, items that have been altered can not be accepted for return or credit.

7.    Shipping and delivery costs are payable at the time of purchase. Unless agreed otherwise, goods travel at the purchaser’s risk, and all costs, including costs of insurance, if the purchaser has taken out insurance cover, are payable by and shall be the liability of the purchaser.

8.     Delivery dates are given for guidance only. ERES accepts no liability for delays.

9.     The purchaser must not reproduce all or part of any ERES items purchased in any form whatsoever (e.g. photographs, sketches, reproductions, patterns, including in different materials or sizes) or sell or hand them to any person, with a view to performing such a reproduction. Purchasers must not use all or any part of ERES’ name and/or trademarks and/or ERES designs for any reason, including but not limited to commercial, advertising or promotional use. Legal proceedings will be brought before the courts for any acts of infringement.

10.     Personal data relating to you is recorded by ERES for the purposes of management of sales and marketing. Unless otherwise stated by you, the data collected is intended for ERES, group companies and partners. All such data shall be held securely in accordance with the Principles set out in the Data Protection Act 1998. You have the right to access, rectify, object to and delete your personal data held by ERES by contacting ERES, level 31, 100 Mount Street, North Sydney NSW - 2060 (Australia).

11.    These general conditions of sale are subject to the local law (included the Trade Practices Act 1974). Any dispute which may arise over the interpretation or the performance of these general conditions of sale and their consequences will be for the exclusive jurisdiction of the courts of Australia.

12.     In Australia, these general conditions of sale do not affect your statutory rights.