Terms & Conditions

Capezio does not warrant that the website or any products/services shown on the website will be available. Colours shown are a representation only. The true colour may vary slightly. All prices shown on website are in Australian dollars and include Australian government GST. 

1. The contract between us
We must receive your payment authority for the whole of the price of the goods ordered before your order can be accepted. Our acceptance of your order brings into existence a legally binding contract between us. 

2. Price
2.1 The prices payable for goods that you order are as set out on our website. 

2.2 Freight is a flat $8.95 and FREE for orders over $100 within Australia. NZ orders will be charged a flat rate of $15.

3. Right for you to cancel your order
3.1 When you select goods from the website, you accept responsibility for selecting the correct item. 

3.2 You may cancel your contract with us for the goods you order within 12 hours of placing the order. Contact to be made by phone at our Mornington office. (orders are normally dispatched within 24hrs, if orders placed prior to 11am that same day, not including weekends or public holidays) You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 

3.3 Capezio reserves the right to decline a request to have a contract cancelled if the request is received beyond 24 hours of receiving your order. If cancellation is accepted and delivery has already been made, you must not unpack the goods and must send the goods back to us within 5 working days of our acceptance of the cancelled contract. Capezio will not accept cancelation beyond 30 days after delivery date. 

3.4 The value of the goods returned under Claus 3.3 will be refunded to your account within 14 working days after receiving your return PROVIDED THAT the goods in question are returned by you and received by us in the same condition they were delivered to you, including correct packaging and tags attached. If you do not return the goods or do not pay the costs for delivery, we shall be entitled to also deduct the direct costs of recovering the goods from your refund amount. In the event that goods are not returned in the same condition as they were in when delivered to you, we reserve the right to make a further reduction to reflect either the reduced re-sale value of the goods in question or our costs in returning the goods to their original condition. 

4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if: 

4.1.1 we have insufficient stock to deliver the goods you have ordered; 

4.1.2 we do not deliver to your area; or 

4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. 

4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible, in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. 

5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you gave us for delivery at the time you place your order. Freight is a flat $8.95 and FREE for orders over $100 within Australia, NZ orders will be charged the flat rate of $15. Capezio will always select the most economical method. Goods maybe delivered by standard Australia post, Express post, recorded mail, courier, or air express. 

5.2 Backorders. Goods ordered to which we are out of stock may be placed on backorder. You will be notified if you wish backorder goods to be sent to you at a later date. These dates will vary dependant of supplier. There are NO additional freight charges on backorders. Capezio will send these goods out at no additional free. The delivery method will be chosen by Capezio as the most economical method. 

5.3 Delivery will be made as soon as possible after your order is accepted and in any event within 7 working days of us accepting your order. Times may vary on delivery dependant on delivery locations. You will be notified if any items are out of stock or do not meet your required order. 

5.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 

5.5 For customers who require goods to be delivered to New Zealand, NZ dutiesand charges may apply. These charges and duties will be payable by the customer. 

6. Liability
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. 

6.2 If you do not receive your order within 30 days of the date on which you placed your order, we shall have no liability to you unless you notify us in writing of the problem within 40 days of the date on which you ordered the goods. 

If you notify a problem to us under this condition, our only obligation will be: 

6.2.1 to make good on any shortage or non-delivery; 

6.2.2 to replace or repair any goods that are damaged or defective; or 

6.2.3 to refund to you the amount paid for the goods in question in whatever way we choose. 

paragraphs 5, 6 and 9 of these Terms of Use shall survive cancellation howsoever occurring. 

7. Our Liability
You agree to indemnify, defend and hold harmless BMA and its shareholders, directors, members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, arising out of, or associated with your use of the Website, the Content, material you access, submit, transmit, or make available through this Website, or any violation of these Terms of Use by you.

8. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to Capezio must be in writing and sent to our contact address at Ballet Makers Australia Pty Ltd 12-14 Milgate Drive MORNINGTON VIC 3931 or at our email address [email protected]

9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. 

10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. 

11. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy

12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under The Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 

13. Governing law
The contract between us shall be governed by and interpreted in accordance with Australia & New Zealand law and the Australia & New Zealand courts shall have exclusive jurisdiction to resolve any disputes between us. 

14. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.