Terms and Conditions
Clarks "Win a $1,000 Voucher" Competition Terms and Conditions
Win a $1,000 Voucher Competition
Terms and Conditions
COMPETITION TERMS
1. The Promotion is run by MAPM International Pty Ltd ABN 43 077 027 788 (MAPM International) (the promotor) of 101 Greville Street, Prahran VIC 3181 Australia.
2. Information on how to enter, and the prize details, form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. If you are an eligible person and satisfy all entry requirements as set out below, then subject to these Terms and Conditions, you will be entered into the competition draw to win a prize (Promotion). Entries into the Promotion open at 5:00pm AEDT 1 March 2026 and close at 11:59pm AEDT 25 September 2026 (Promotional Period).
ENTRANT REQUIREMENTS
4. Entry to the Promotion is open to all Australian Residents who are at least eighteen (18) years old at the time of entry and have a valid email address, who comply with the ‘Entry’ provisions set out below. An ‘Australian Resident’ means a person who resides in Australia at the start of the Promotional Period and who holds Australian citizenship or holds an Australian permanent residency visa.
5. Employees, directors and officers, and their immediate family and respective household members, of:
a. the Promoter;
b. the related bodies corporate of the Promoter; and
c. any advertising or promotion agencies of the Promotor are not eligible to enter. ‘Immediate family’ means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
6. Entry into the competition is free, subject to the entry requirements.
ENTRY INTO THE PROMOTION
7. To enter the Promotion and be eligible for the Prize Draw, entrants must during the Promotion Period successfully opt-in to the Clarks Australia mailing list via the official competition landing page or email prompt.
8. Multiple entries into the Promotion are not permitted. Entrants can only enter in their own name. When an Eligible Person satisfies the Entry Requirement in paragraph 5 above, that Eligible Person will be entered into the Promotion. For the avoidance of doubt, the maximum number of entries for each Eligible Person who has satisfied the Entry Requirements during the Promotional Period is one (1) entry into the Promotion per Eligible Person.
9. The use of automatic entry software, mechanical or electronic devices that allows an individual to automatically enter the Promotion is prohibited and may render any entries submitted by that individual invalid.
10. Each entry must be made in accordance with these Terms and Conditions. By entering the Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
PRIZE DRAW
11. The total retail value of the Promotion prize pool is AU$1,000, as of 28 September 2026 for each winner.
12. There will be one (1) winner randomly selected who will receive one (1) AU$1,000 Clarks voucher to be redeem for FULL PRICED ITEM in a Clarks branded store in Australia or online at clarks.com.au. The prize will be provided to the winner by MAPM International. The voucher will be valid for 36 months from the date of the draw.
13. There will be one (1) draw conducted for the Promotion. The draw will be conducted via an independent third-party online draw system at 10:00am AEST by MAPM International at their offices located at 101 Greville St, Prahran VIC 3181. Eligible entrants are not required to be present at the draw to win.
14. The Promoter may draw additional reserve entries and record them in case an invalid or ineligible entrant is drawn. Entries in each draw will not be entered into any subsequent draws.
15. Any expenses related to the prize, collecting the prize or enjoying the prize (including but not limited to flights, accommodation, meals etc) will be borne by the winners.
16. No component of the prize can be transferred or redeemed for cash or any other service provided by the Promoter. In the event that any of the prizes become unavailable, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions of a relevant regulatory authority.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the Promotion or suspend or modify a prize, subject to any requirements of a relevant regulatory authority.
18. Decisions of the Promoter are final and will be binding on each person who enters the Promotion, and no correspondence will be entered into.
PRIZE AWARDING
19. The winner will be notified in writing by direct email message through the email supplied when entering the Promotion and their name published within 7 days of the draw.
20. Winners must respond to the Promoter’s notification message and provide prize delivery details in order to claim their prize. Each prize must be claimed within 14 days after the relevant publication date. Any unclaimed prize will be forfeited by the winner.
21. If any winner does not satisfy these Terms and Conditions or cannot be contacted within a reasonable timeframe in accordance with all requirements of all regulatory authorities, the entry will be invalidated, and a further entry drawn at the same place as the original draw on the dates as specified above in order to distribute the unclaimed prize. All non-winning entries from the original draw will be included in the unclaimed prize draw. Any winner of the unclaimed prize draw will be notified in writing (via the contact details supplied when entering the Promotion) within two (2) working days of the relevant re-draw. This will continue until a valid winning entry is drawn for each prize draw.
22. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
a. to disqualify any entrant; or
b. subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
23. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct, calculated to jeopardise fair and proper conduct of the Promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
24. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. All taxes which may be payable as a consequence of receiving the prize are the sole responsibility of the winner. Any additional costs involved are at the winner’s expense. Independent financial advice should be sought.
EXCLUSION OF LIABILITY
25. To the full extent permitted by the law, the Promoter will not be liable for any injury, damages, expenses, or loss whatsoever (whether director consequential) to persons or property as a result of any person entering the Promotion or accepting or using any prize.
26. The Promoter is not responsible for any incorrect or inaccurate information, or for any of the equipment or programming associated with or utilised in this competition, or for any technical error that may occur in the course of the administration of the Promotion.
27. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of entries.
DATA COLLECTION AND PRIVACY
28. The Promoter collects personal information (PI) in order to conduct the Promotion and may, for this purpose, disclose such PI to other third parties, including but not limited to, agents, contractors, service providers and prize suppliers as required in Australia. Entry is conditional on providing this PI. The Promoter will also use, and handle PI as set out its Privacy Policies available at here.
29. The Privacy Policies also contain information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose entrant's PI to any entity outside of Australia in accordance with their respective Privacy Policies.
GENERAL
30. Entrants agree that they are fully responsible for any materials or responses they submit via the Promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever.
31. As a condition of entering the Promotion, each entrant licenses and grants the Promoter, the Promoter’s affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
32. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for a reasonable period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter in connection with the Promotion.
33. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
34. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b. any theft, unauthorised access or third-party interference;
c. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
d. any variation in prize value to that stated in these Terms and Conditions;
e. any tax liability incurred by a winner or entrant; or
f. taking of the prize/attendance at the prize event.
The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Melbourne, Victoria, Australia.
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE
These Terms and Conditions govern the use of the Clarks (clarks.com.au) website ("websites") and, in conjunction with our Privacy Policy and Terms and Conditions for the Ordering, Purchase and Delivery of Goods, the purchase of any goods from it.
ACKNOWLEDGMENT AND ACCEPTANCE
By accessing, using or browsing these websites, you agree that your access to, and use of, this site is subject to these Terms and Conditions and all applicable laws, and is at your own risk. We may amend or update these Terms and Conditions at any time by posting any changes at these websites, without providing notice to you.
COPYRIGHT AND TRADEMARKS
Copyright in these websites and its content is owned or licensed by MAPM International Pty Ltd (ABN 43 077 027 788) (“MAPM International”, “we”, “our” or “us”). You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other applicable laws, any other use, including any commercial use of the content of this site, is strictly prohibited.
These websites also contain registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
DISCLAIMER
The information contained on these websites is provided by MAPM International in good faith. To the best of MAPM International’s knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.
MAPM International and its related bodies corporate, and their directors, officers, employees, or agents ("MAPM International Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
LIMITATION OF LIABILITY
Subject to any non-excludable liability implied by legislation (including the Australian Consumer Law), any liability of MAPM International or MAPM International Associates in connection with goods or services supplied to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, will, at the election of MAPM International, be limited to:
- in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods;
- in relation to services, the supply of the services again or the payment of the cost of having the services supplied again; and
-
subject to non-excludable liability (including under Australian Consumer Law), in all other respects, MAPM International will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through these websites.
VIRUS WARNING
All care is taken to ensure that these websites and data transmissions are free from viruses. However, MAPM International cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. it is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release MAPM International entirely of all responsibility for any consequences of its use.
USE OF COOKIES
Cookies are small pieces of information that your browser stores on your computer hard drive.
We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of these websites.
THIRD PARTY SITES
This site may contain links to third party sites. MAPM International is not responsible for the condition or content of those sites as they are not under MAPM International’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by MAPM International of the sites or the products or services provided on the site.
MAPM International does not permit any linkages to this site without prior permission.
APPLICABLE LAW
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and any Courts which may hear appeals from those Courts.
This site may be accessed from Australia or overseas. MAPM International makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
USER SUBMISSIONS
By accessing, browsing, using, registering or contributing to our websites and any other area of our websites where you can post submissions or reviews or ask questions, you confirm that you have read, understood and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you must not use these websites.
OWNERSHIP OF SUBMISSIONS
Other than personal data which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to MAPM International on or through the websites or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of MAPM International once submitted. You must comply with the content standards set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
SOCIAL NETWORKING SITES
These Terms and Conditions also govern any submissions you make on any MAPM International related third-party website or page such as our Facebook page, Instagram, X, YouTube, TikTok or other social networking site. All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of MAPM International or its employees and MAPM International is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these Terms and Conditions and the third-party social networking sites terms of use, as applicable.
INTELECTUAL PROPERTY RIGHTS
A disclosure, submission or offer of any submissions and your agreement to these Terms and Conditions shall constitute an assignment to us of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any MAPM International related third party website or page, you must comply with the content standards set out below and these Terms and Conditions. Any third-party advertising on MAPM International pages of third-party social networking sites are not the responsibility of, or endorsed by, MAPM International. All rights, including copyright on MAPM International pages are owned by or licensed to MAPM International. Any use of any MAPM International social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of MAPM International. All worldwide rights reserved.
CONFIDENTIALITY
Any material you upload to our websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any MAPM International related third-party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our websites. We have the right to remove any Submissions you make on our websites if, in our opinion, such Submission does not comply with the content standards set out below.
RULES FOR SUBMISSIONS
1. Please be polite and only write in English.
2. You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.
3. If you require an immediate response from us or have a comment about our service, please contact us directly for a quicker response.
4. Submissions should not include:
a. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
b. comments about other reviewers or bloggers;
c. remarks that repeat criminal accusations, false, defamatory or misleading statements;
d. material which impersonates others;
e. spam or advertising, third party brand names or trademarks;
f. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
g. HTML code, computer script or website URLs;
h. availability, price or alternative ordering or delivery information; and
i. information about MAPM International’s suppliers or manufacturers.
5. MAPM International, in its absolute discretion, reserve the right to:
a. not publish the Submission or remove it;
b. take any appropriate action if deemed necessary; and
c. remove reviews which relate to seasonal products which are no longer in season. Please let us know if you see any Submissions which do not comply with our rules.
DELIVERY
By default, you provide authority to leave items at the address specified in your order. If we are unable to deliver your goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
TERMS & CONDITIONS FOR THE ORDERING, PURCHASE, AND DELIVERY OF GOODS
These Terms and Conditions form a contract between the customer (“you”) and MAPM International Pty Ltd ABN 43 077 027 788 (“MAPM International”, “we”, “our” or “us”) and apply to the ordering, purchase, fulfillment and delivery of goods from clarks.com.au.
Please read these Terms and Conditions carefully before placing your Order with Us as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please send us an email via our Contact Us page and a representative will be happy to assist you.
1. DEFINITIONS
The following definitions are used in these Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic
Order form on the Website.
Delivery Agent means any nominated third-party delivery or shipping company.
Delivery Fee means the fees charged by our Delivery Agent for the delivery of Goods.
Gift Cards means an electronic gift card through the acquisition of which you or a recipient may make non-cash payments for our Goods.
Goods means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from us in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Privacy Policy means the Privacy Policy found on the Website.
Returns Policy means the Delivery & Returns Policy found on the Website
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means clarks.com.au.
Website Terms of Use means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
You or Your means you as the purchaser of Goods pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and us with respect to
the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
3.5. You may Order from us if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted. If you are under 18 years, you may only place an Order with the involvement of a parent or guardian.
3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Delivery & Returns Policy.
3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $2,000 (ex GST).
3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 We reserve the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by us to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. We will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5-10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We will not be liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, we will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. We will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, we will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Delivery & Returns Policy.
5.4 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b) you have read any corresponding written description of the Goods prior to submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
(d) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
(e) any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENTS
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 We reserve the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay the Price (which is the Price at the time the Order is submitted); and the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the electronic order form on the Website, which include but are not limited to credit card or Pay Pal. When paying by credit card, you authorise us to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
6.9 We use an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7. DELIVERY
Shipping
Orders over $100 AUD will be posted using Australia Standard shipping free of charge. Orders under this amount will also use Australia Standard shipping and is charged at a flat rate of $9.95. Australia Express shipping is available at a flat rate of $14.95 for all orders. Upon dispatch, you will be emailed an Australia Post tracking number. By default, you provide authority to leave items at the address specified in your order.
Your products are shipped from our warehouse in Victoria. Standard Shipping orders will be dispatched from our warehouse within 2-4 business days, and Express Shipping orders will be dispatched within 1-3 business days. In busy trading periods, orders may take longer due to high volumes.
Once dispatched with Australia Post, expected delivery times for each region are as follows:
Standard Shipping
- 2-5 business days VIC & NSW
- 3-6 business days, ACT, SA, TAS & QLD metro
- 3-10 business days WA, NT and most regional areas*
Express Shipping
- 2-3 business days VIC & NSW
- 2-4 business days ACT, SA, TAS & QLD metro
- 3-5 business days WA, NT and most regional areas*
*Outer-regional areas may experience slightly longer shipping times
Please note, in busy trading periods, orders may take longer due to high volumes.
All orders are sent as 'Authority to Leave' by Australia Post or our Delivery Agent. If you aren't home at the time of delivery, Australia Post or our Delivery Agent will leave it in a safe place if there is one available. We do not take responsibility for instances of theft.
7.1 We use Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Delivery & Returns section of the website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the Delivery & Returns section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
(a) We cannot guarantee that delivery will occur in the stated delivery time frames; delivery time frames may change from time to time due to unforeseen circumstances; and
(b) except where required by applicable law, we are not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.6 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable on 1800 308 432 or email us via the Contact Us section of this website. If the Goods are not as ordered, you may return the Goods to us in accordance with the Delivery & Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Delivery & Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Delivery & Returns due to being faulty, damaged, or incorrect will be delivered to you free of charge.
7.7 All orders are sent as 'Authority to Leave' by Australia Post or the Delivery Agent. If you aren't home at the time of delivery, subject to clause 7.8, Australia Post or the Delivery Agent will leave it in a safe place if there is one available. We do not take responsibility for instances of theft.
7.8 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office or the Delivery Agent’s depot. It is your responsibility to follow the instructions stated on the calling card.
7.9 Where you do not collect your Goods from the Australia Post office or our Delivery Agent’s depot within 10 working days of a failed delivery, you must contact our Customer Service Centre on 1800 308 432 or email us for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
LOST AND STOLEN PARCELS
Outbound – From our warehouse to customer
7.10 In the event the Goods have been shipped from our warehouse but are lost by the Delivery Agent before being delivered to you (and the Delivery Agent cannot provide a proof of delivery to you), we will offer you a replacement, refund or credit if the Goods are unavailable. If the Goods have been shipped from our warehouse with an ‘authority to leave’ approval or signed for or by you (and the Delivery Agent can provide a proof of delivery to you), we are not obliged to offer you a replacement, refund or credit.
Inbound – Return from customer to our warehouse
7.11 If required by us, it is the customer’s responsibility to purchase registered post for shipping back to us. Shore Warehouse or the Delivery Agent will not take responsibility for returned items not received if registered post has not been used.
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Delivery & Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Delivery & Returns Policy or otherwise as provided by Law. The Delivery & Returns Policy forms a part of these Terms and Conditions. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We are not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. We are not required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. PROMOTIONS AND DISCOUNTS
You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at our stores. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. These Terms and Conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from us. Unless otherwise noted, a Code is non-transferable and may not be used in conjunction with any other offer.
11. GIFT CARDS
11.1 Additional terms and conditions with respect to the use of Gift Cards may be set out on our Website from time to time. At this time, gift vouchers can only be used at a branded store and not online or at an independent stockist.
11.2 Gift Cards are treated like cash. If your redemption code is lost or stolen the redemption card will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash.
11.3 Gift Cards expire thirty-six (36) months from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.
11.4 Gift Cards are to be used for the purchase of Goods. A limit of $500 per gift card and gift cards totalling no more than $2,000 per Order applies.
12. PRIVACY
Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with our Privacy Policies for Clarks.
13. WEBSITE TERMS
Our Terms and Conditions for the Use of this Website form a part of these terms.
14. WARRANTIES YOU MAKE TO US
You represent and warrant to us that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to us;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
(c) in placing your Order, you have read and agree to these Terms and Conditions; and
(d) in placing your Order, you have complied with all Laws.
15. OUR LIABILITY TO YOU
15.1 Subject to any rights you have under any consumer protection law including the Australian Consumer Law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
15.2 Subject to any rights you have under any consumer protection law including the Australian Consumer Law which cannot be excluded, we exclude, all implied terms relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded. As noted above at 9.2, our Goods come with certain statutory consumer guarantees that cannot be excluded under the Australian Consumer Law.
15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16. TERMINATION
16.1 We reserve the right to, at their discretion, terminate your access to and use of the Website:
(a) for convenience, at any time, upon provision of notice to you;
(b) immediately: if we reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
(c) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17. GENERAL
17.1 We reserve the right at all times to make changes to these Terms and Conditions without providing notice to you. Any variations to these Terms and Conditions will take effect from posting on the Website, and by continuing to use the site you agree to be bound by the revised terms. The Terms and Conditions which apply at the time of Order are those that govern your relationship with us with respect to that Order.
17.2 We may give notice to you by electronic mail. You may give notice to us by electronic mail to our Customer Service Centre via the Contact section of this website.
17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by us to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any power or right.
17.5 The laws of Victoria, Australia governs this agreement. Your transaction is deemed to have taken place in Richmond, Victoria.