Loyalty Terms & Conditions

 

Tony Bianco 12 Days of Tony Competition

Conditions of Entry

1. Participation in this promotion is deemed acceptance of these Terms and Conditions
2. The Promoter is Bianco Retail Pty Ltd (ABN 84 071 842 385) located at 4/29 Cromwell Street, Collingwood, VIC 3066 (promoter).
3. This competition is open to all Australian residents. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible to enter.

4. The competition commences on 8am AEDT Friday 13^th December 2019 and concludes on 11:59pm AEDT Tuesday 24^th December 2019 (Promotional Period). All times are Australian Eastern Daylight Time.

How to enter

1. To enter, participants must, during the Promotional Period, sign up to the Tony Bianco database and make a purchase at one of the Tony Bianco boutiques or online at tonybianco.com between 8am AEDT Friday 13^th December 2019 and 11:59pm AEDT Tuesday 24^th December 2019. There is no minimum or maximum amount of times participants can enter. Winners will be drawn at random.
2. The winner’s draw will take place at 11am daily from Saturday 14th December 2019 until Wednesday 25^th December 2019 at Bianco Retail Pty Ltd located at 4/29 Cromwell Street, Collingwood, VIC 3066 (promoter).
3. There will be twelve (12) winners, one drawn each day throughout the promotional period, each winner the judges will have drawn at random, this is a game of chance.
4. Each winner will be notified by the email provided on their entry. Winners will be announced daily from Saturday 14th December 2019 until Wednesday 25^th December 2019 before 5pm AEDT.
5. The winners will be published on Tony Bianco Instagram stories (@tonybianco) on Friday 27^th December 2019.
6. If the prize is not claimed by 1pm AEDT on 27^th April 2020, the winner’s entry will be deemed invalid and the Promoter reserves the right to conduct another prize draw at 1pm AEDT 2^nd March 2020 at the same location as the original draw as is necessary to distribute the prize.
7. The unclaimed winners will be published on Tony Bianco Instagram stories (@tonybianco) on 2^nd March 2020. The unclaimed winners will be notified by email by 2^nd March 2020 before 5pm AEDT
8. If any redrawn prize is not claimed by final day of Monday 6^th April 2020, the prize will be forfeited.

Prize

1. There will be twelve (12) winners in total.
2. Each winner will receive a refund on their purchase made during the promotional period. The individual prize value is estimated at $250 AUD. The total estimated prize pool value is up to $3,000 AUD. The total prize pool will be determined by the total value of the claimed entries.
3. Winners will receive refund via electronic bank transfer to the credit card the transaction was made on or their nominated bank account if the purchase was paid for in cash.

Other

1. The Promoter reserves the right to verify the validity of each entry (including an entrant’s identity, age and place of residence) and to disqualify any eligible entrant where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted not in accordance with these Terms and Conditions.
2. The Promoter accepts no responsibility for any lost, late, misdirected claims or correspondence due to incorrect entrant information.
3. The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not be able to participate in the promotion. All personal information collected will be dealt with in accordance with Australian privacy laws and the Promoter’s Privacy Policy, which can be viewed at www.tonybianco.com.au. The Promoter will not disclose this information to anyone other than contractors who provide services to the Promoter for the purposes of conducting this promotion unless compelled or permitted by law. The contact details of the winning entry may be passed onto a third party for prize notification and fulfilment.
4. If the prize is unavailable, the Promoters, in their discretion, reserve the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
5. The Promoter reserves the right, at its sole discretion and without notice, to cancel, modify or suspend these terms and/or this promotion in whole or in part, including, but not limited to in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, subject to any written directions from the various lottery departments and without liability to the participant.
6. The prize (including any unused portion of the prize) cannot be assigned, transferred, redeemed for cash, or substituted except by the Promoter who may at their sole discretion, subject to the relevant state authorities, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. The Promoter will not replace any lost or stolen prizes, or take responsibility for any broken products in the delivery of the product or after it has been delivered. It is not the responsibility of the Promoter to insure any products.
7. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (inc. photograph, film, and/or recording of the same) in any media for an unlimited time without notice or remuneration for the purpose of promoting this competition.
8. To the extent permitted by law, the Promoter (including its officers, employees and agents) and its associated agencies and companies will not be liable for any loss (including, without limitation, direct, indirect, special or consequential loss, or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion or accepting or using any prize.

Tony Bianco is a Registered Trade Mark of BIANCO RETAIL Pty Ltd.

Authorised under NSW Permit No. LTPM/19/0466

 

WEBSITE TERMS AND CONDITIONS

1.    Introduction

These terms and conditions (Terms) constitute an agreement between you and Bianco Retail Pty Ltd (ACN 107 137 182) trading as Tony Bianco, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tony Bianco or we or us). 

By accessing and using this website (located at www.tonybianco.com.au and related URLs) (Website) and our services, including (without limitation) purchasing products and use of our contact form or dealing with Tony Bianco in any way through the Website (Services), you accept, without limitation, modification or qualification) these Terms, and agree to be legally bound by these Terms.

If you do not wish to be bound by the Terms you should not access or use the Website.

All of our Website terms and policies, including our Privacy Policy and Returns Policy are incorporated into these Terms.  You agree to comply with all such terms and policies when accessing or using our Services.

If you have any queries regarding these Terms, please contact enquiries@tonybianco.com.au.

2.    Permissions

You agree to allow Tony Bianco to send you emails regarding the Services, including any information regarding or relating to Tony Bianco goods and services (Products), in accordance with our Privacy Policy.

You agree that you are responsible for your access to our Website and for ensuring that any persons who may access the Website through your internet connection are aware of and compliant with, these Terms.

You warrant and represent to us that you have the capacity and authority to be bound by these Terms and that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

You may place an order for Tony Bianco Products by completing the appropriate order form on the Website and selecting the Products that you wish to order (Order).  By placing an Order, you authorise us to recover, through your credit or debit card, payments due to us for such Order.

Your order shall constitute an offer to us to purchase the Products specified in the order. Each order, Acceptance of each order and the supply of Products by Tony Bianco pursuant to an order shall be governed by these Terms.

If Tony Bianco accepts the Order, we will notify you of our acceptance by email, confirm the price of the Order and notify you of the relevant identification number (Invoice Number).

Tony Bianco reserves the right to:

• accept or decline all or part of your Order for any reason, including, without limitation, the unavailability of any Products, limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, where fraud is suspected, or where there is an error in your order;
• request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
• cancel an Order at any time, for any reason; or
• restrict the quantity or total value of Products available for purchase to each person or address.

Where we exercise the rights above, we will notify you by email and suggest alternative Products, remove a Product from an order or provide a refund of the purchase price where applicable and Tony Bianco shall not be liable for any loss or damage whatsoever arising from such acts.

You must quote the Invoice Number in any communications relating to such Order.

Cancellations

Please note that you cannot cancel or amend an order once it has been placed (except as permitted Australian Consumer Law). 

In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Tony Bianco as a direct result of the cancellation (including, but not limited to, any loss of profits).

3.    Products

Images and descriptions of Products

All descriptions and images of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Product images may vary from the delivered Products depending on your monitor, settings and computer equipment. 

Unless otherwise stated, any additional accessories styled or shown in a product image are for display purposes only and are not included in the product price.

Availability of Products

All Orders are made subject to availability.  Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable.

Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you submit your order.  Please note that we may need to reject your Order or reject part of your Order for this reason.

If your Order is rejected or cancelled for this reason, we will refund in full all amounts you have paid in respect of such unavailable Products.  Alternatively, we may contact you to advise you of a delay in restocking a particular Product and a delay in the estimated delivery date of your Order.  In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within 1 business day of notification, you are deemed to have accepted the delay in delivery.

• Product recalls and bans
• If any Products are subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Products and you consent to us contacting you and you agree to inform any end-user of the Products, including any gift recipient, of any product recall applicable to such Products.

 

4.    Prices and payment

We reserve the right to vary, amend, add or remove payment methods, prices or Products offered via the Services from time to time in our sole discretion as we see fit, without notice.

Prices

The prices of the Products shall be those specified by Tony Bianco to you from time to time on the Website.  Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing, which are calculated at check-out.

A summary of the postage and packing charges can be found on our SHIPPING INFORMATION page. Prices on the Website may differ from those in Tony Bianco's stores.

Payment

Full payment of the purchase price is required at the time of placing your Order, this includes the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.

Payment may be made by the methods approved by Tony Bianco.

You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.  If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

5.    Returns and refunds

Returns, refunds and faulty Products will be handled in accordance with our Returns Policy.

6.    Shipping and delivery

Australian Orders

You acknowledge and agree that Orders placed on the Website may only be delivered within Australia and that any Order placed on the Website with an international delivery address may be cancelled and refunded by Tony Bianco (except any costs incurred by Tony Bianco associated with your Order, such as international bank or processing fees).

Delivery

Delivery of the Products (Delivery) is taken to occur at the time that:

• you, or your nominated courier takes possession of the Products at the address specified by Tony Bianco; or
• Tony Bianco (or Tony Bianco’s nominated courier or postal service) delivers the Products to the delivery address that you have provided, even if you are not present at the address.

You must take delivery by receipt or collection of the Products whenever they are tendered for delivery.

In the event that you are unable to take delivery of the Products as arranged, then Tony Bianco shall be entitled to charge a reasonable fee for redelivery and/or storage of the Products.

Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Products even if they are delivered on a different date or time.  Tony Bianco will not be held liable for any loss or damage suffered as a result of any delay in delivery.  However, if the Products are not delivered within a reasonable time after the estimated date, please contact us.

7.    Passing of Risk and Property

Risk of loss or damage to, and title to, the Products shall pass to you upon Delivery of the Products.

8.    Promotions and discounts

Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer.

Tony Bianco reserves the right to:

• terminate, modify or extend any promotional offer at any time, without notice; or
• cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

9. Product Reviews Terms and Conditions

Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Tony Bianco permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Tony Bianco to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Tony Bianco to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Tony Bianco personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

Tony Bianco reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

User reviews of products in no way represent the views or opinions of Tony Bianco or its owners, shareholders, employees or others, but are the sole product of its creator. Tony Bianco disclaims all liability with respect to the Content.

10.    Loyalty Program

Tony Bianco offers a program to its customers.  Please see the Loyalty Program Terms and Conditions for more information.

10. Warranties and liability

You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

To the maximum extent permitted by law, Tony Bianco’s liability under these Terms shall be limited to any one or more of the following:

• the replacement of the Products or re-supply of equivalent Products;
• the repair of such Products;
• the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
• the payment of the cost of having the Products repaired.

To the extent permitted by law, Tony Bianco expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of Products under the Australian Consumer Law which cannot be excluded, restricted or modified.

11. Customer Services

If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website please contact our customer services team:

Tony Bianco

Freecall 1800 790 799

4/29 Cromwell St, Collingwood VIC 3066.

Email enquiries@tonybianco.com.au

Ph 03 8413 3400, Fax 03 9417 4760

 

1.       Website Terms
1.    Intellectual Property

The Website, and all the text, information, user interfaces, photographs, trademarks, logos, artwork and graphic representations or images on it, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (Content), are owned by, or licensed to Tony Bianco. All intellectual property rights in the Content, including in copyright, are the sole and exclusive property of Tony Bianco or its licensors.

You may view, access and use the Website on your computer screen and print its contents on your printer on a limited, revocable, non-sublicensable licence for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.  Without Tony Bianco's written consent, you may not use, transfer, copy, publish or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing, accessing or using the Content.

Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Tony Bianco’ intellectual property rights, whether by estoppel, implication or otherwise. Tony Bianco reserves all rights not expressly granted in these Terms.

2.    Using the Website

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.

You agree not to:

• impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
• modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
• make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
• damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
• use the Website in any way to send unsolicited (commercial or otherwise) e-mail ("Spam") or any material for marketing or publicity purposes, or any similar abuse of either;
• publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms", or any other harmful software;
• falsify the true ownership of software or other material or information contained in a file made available via the Website; or
• obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

3.    Our use of your Personal Information

We may collect and use your Personal Information in accordance with our Privacy Policy.

4.    No unlawful or prohibited use

You undertake to Tony Bianco that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful and that you will not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website or cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.

You agree to indemnify Tony Bianco, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

5.    Unauthorised access, virus protection and compatibility

While certain precautions have been taken to detect computer viruses and ensure security, Tony Bianco cannot guarantee that the Website is virus-free and secure.

To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise arising out of or in connection with any website downtime, any breach of security, any malicious or harmful programs, viruses, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

Tony Bianco does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

6.    Termination

Tony Bianco may, in its sole discretion:

• modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice;
• restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you for any reason, including where:
• there is a regulatory or statutory change limiting the ability to provide access to the Website;
• there is any event beyond the reasonable control of Tony Bianco preventing Tony Bianco from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
• Tony Bianco considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

Without prejudice to any other remedies, Tony Bianco may:

• cancel all or any part of any order or suspend or terminate the supply of Products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
• terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.

If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Products paid for but not supplied.  To the maximum extent permitted by law, Tony Bianco will not be liable to you for any further loss or damage you suffer because Tony Bianco has exercised its rights under this clause or these Terms.

7.    Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties.  Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.

Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  We do not accept any liability for any information on, or the privacy practices of, any third party websites.

8.    Limitation of Liability 

To the maximum extent permitted by law, neither Tony Bianco, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

• any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
• any use of the information on, or access to, the Services including if for any reason our Website is unavailable at any time or for any period;
• any errors in, or omissions from, the information contained on this Website;
• any Products supplied by Tony Bianco; or
• these Terms or any breach of these Terms.

9.    Disclaimer of Warranty 

In preparing this Website, Tony Bianco has endeavoured to offer current, correct and clearly expressed information. However, Tony Bianco cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information. Tony Bianco provides this Website and its contents on an “as is” basis and use of this information is at your own risk. 

Tony Bianco makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Tony Bianco expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.

To the maximum extent permitted by law, Tony Bianco will not be liable for any errors or inaccuracies in any advertising material.

10. Release and Indemnity 

You agree to release and indemnify and hold Tony Bianco and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Products purchased from Tony Bianco, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. 

11. Amendments

Tony Bianco reserves the right to amend or modify these Terms in its absolute discretion from time to time without individual notice to you.  Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms.  You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

Tony Bianco reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and Products, at any time without notice to you.

We reserve the right to change or withdraw any Products, information or content featured on the Website or provided through our Services without notice.  You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.

12. General

Waiver: Any failure or delay by Tony Bianco in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Tony Bianco from exercising that power or right or any other power or right.  To the maximum extent permitted by law, we are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that Tony Bianco will not be held liable for any delay or failure in performance of any part of the Services or delivery of Products.

Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms.  Such invalidity does not affect the validity of the remaining provisions of these Terms.  This clause survives termination of these Terms.

Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Tony Bianco and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.  This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of Victoria, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.

13. Copyright and trade mark notices

“Tony Bianco” is a registered trade mark of Bianco Retail Pty Ltd.

All contents of this website are: Copyright 2004-2018 Bianco Retail Pty Ltd.

14. Governing Law

The above terms and conditions are governed by the laws applicable of the state of Victoria in Australia. 

Tony Bianco New Year, New Tier Style Passport Competition

Conditions of Entry

1. Participation in this promotion is deemed acceptance of these Terms and Conditions
2. The Promoter is Bianco Retail Pty Ltd (ABN 84 071 842 385) located at 4/29 Cromwell Street, Collingwood, VIC 3066 (promoter).
3. This competition is open to all Australian residents. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible to enter.

4. The competition commences on 7am AEDT Sunday 19^th January 2020 and concludes on 11:59pm AEDT Sunday 26^th January 2020 (Promotional Period). All times are Australian Eastern Daylight Time.

How to enter

1. To enter, participants must, during the Promotional Period, be a member of the Tony Bianco loyalty program, Style Passport, and hold either a Premium or Business Class status.
2. Participants must make a purchase at one of the Tony Bianco boutiques or online at tonybianco.com between 7am AEDT Sunday 19^th January 2020 and 11:59pm AEDT Sunday 26^th January 2020. There is no minimum or maximum amount of times participants can enter. Winners will be drawn at random.
3. The winner’s draw will take place at 11am AEDT on Tuesday 28^th January 2020 at Bianco Retail Pty Ltd located at 4/29 Cromwell Street, Collingwood, VIC 3066 (promoter).
4. There will be four (4) winners, each winner the judges will have drawn at random, this is a game of chance.
5. Each winner will be notified by the email provided on their entry. Winners will be announced at 1pm AEDT on Wednesday 29^th January 2020.
6. The winners will be published on Tony Bianco Instagram stories (@tonybianco) on Friday 31st January 2020.
7. If the prize is not claimed by 1pm AEDT on 26^th May 2020, the winner’s entry will be deemed invalid and the Promoter reserves the right to conduct another prize draw at 1pm AEDT 27^th May 2020 at the same location as the original draw as is necessary to distribute the prize.
8. The unclaimed winners will be published on Tony Bianco Instagram stories (@tonybianco) on 27^th May 2020. The unclaimed winners will be notified by email by 27^th May 2020 before 5pm AEDT
9. If any redrawn prize is not claimed by final day of Thursday 30^th July 2020, the prize will be forfeited.

Prize

1. There will be four (4) winners in total.
2. Each winner will receive one tier upgrade on their existing Style Passport status. The tier upgrade will be valid for 12 months. The individual prize value is estimated at $500 AUD. The total estimated prize pool value is up to $2,000 AUD. The total prize pool will be determined by the total value of the claimed entries.
3. After the 12 month upgrade, the winner’s annual spend will be recalculated and they will be re-allocated to the relevant Style Passport tier.

Other

1. The Promoter reserves the right to verify the validity of each entry (including an entrant’s identity, age and place of residence) and to disqualify any eligible entrant where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted not in accordance with these Terms and Conditions.
2. The Promoter accepts no responsibility for any lost, late, misdirected claims or correspondence due to incorrect entrant information.
3. The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not be able to participate in the promotion. All personal information collected will be dealt with in accordance with Australian privacy laws and the Promoter’s Privacy Policy, which can be viewed at www.tonybianco.com.au. The Promoter will not disclose this information to anyone other than contractors who provide services to the Promoter for the purposes of conducting this promotion unless compelled or permitted by law. The contact details of the winning entry may be passed onto a third party for prize notification and fulfilment.
4. If the prize is unavailable, the Promoters, in their discretion, reserve the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
5. The Promoter reserves the right, at its sole discretion and without notice, to cancel, modify or suspend these terms and/or this promotion in whole or in part, including, but not limited to in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, subject to any written directions from the various lottery departments and without liability to the participant.
6. The prize (including any unused portion of the prize) cannot be assigned, transferred, redeemed for cash, or substituted except by the Promoter who may at their sole discretion, subject to the relevant state authorities, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. The Promoter will not replace any lost or stolen prizes, or take responsibility for any broken products in the delivery of the product or after it has been delivered. It is not the responsibility of the Promoter to insure any products.
7. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (inc. photograph, film, and/or recording of the same) in any media for an unlimited time without notice or remuneration for the purpose of promoting this competition.
8. To the extent permitted by law, the Promoter (including its officers, employees and agents) and its associated agencies and companies will not be liable for any loss (including, without limitation, direct, indirect, special or consequential loss, or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion or accepting or using any prize.

Tony Bianco is a Registered Trade Mark of BIANCO RETAIL Pty Ltd.

Authorised under NSW Permit No. LTPM/19/0466

 

Style Passport Terms & Conditions

1. Introduction

These Style Passport Terms and Conditions (Style Passport Terms) are incorporated by reference to our terms and conditions located at www.tonybianco.com/pages/terms-conditions.

These Style Passport Terms operate as part of and in addition to the Terms, including our Privacy Policy located at www.tonybianco.com/pages/privacy-policy, and any other Tony Bianco terms and conditions and policies.  Unless stated otherwise, any capitalised terms in these Style Passport Terms have the same meaning as in the Terms.

Style Passport is our customer rewards program (Program) provided for the benefit of our customers.   Before opting into the Program, please read the Terms, including the Style Passport Terms carefully before you use and/or opt into the Program and refer to our Privacy Policy for more details regarding use of your personal information and opt out procedures.

By opting-in to the Program, you acknowledge, warrant and represent to us that you have read, understood and agreed to our Terms, including these Style Passport Terms and our Privacy Policy.

By participating in the Program, you agree to be legally bound by the Terms.  If you do not agree to be bound by the Style Passport Terms, you are considered ineligible for the Program and must immediately cease participation in the Program.

2. Eligibility

You will only be eligible to participate in the Program if you are an individual who has provided us with valid, accurate information.  If you are under the age of 18 years, you have parental/guardian approval to opt into the Program, and further your parent/guardian must read and consent to the Terms, including these Style Passport Terms. 

Employees of Tony Bianco, and any customer of Tony Bianco who is eligible for "corporate discounts" or "family discounts", are not eligible to participate in the Program and are not eligible to use or redeem any offers, gifts, benefits or rewards associated with the Program.

3. Membership

You are deemed to be member of the Program if you meet the eligibility criteria as set out in clause 2 and sign up for a profile with Tony Bianco either in-store at a Participating Store or via the Tony Bianco Website.  When signing up with Tony Bianco, we will request and record your full name, email address and postcode (and other details may be optionally provided).  You may access and update your details via your profile page.  Please see our Privacy Policy for further details relating to our collection, use and disclosure of your personal information.

By signing up to the Program, you warrant and represent to us that all information provided by you is valid, accurate, complete and current.

You may only sign up for one Program profile per person. It is your responsibility to ensure that Tony Bianco has only one profile for you and Program spend is not transferrable to any other profile or any other person.

4. Changes to your details

You should advise Tony Bianco of any change of name, address, contact number or email address by updating your Program profile online or in-store, or by contacting us via our contact form at www.tonybianco.com/pages/contact-us.  If you would like to update your details in-store, you must provide photo identification, acceptable to Tony Bianco, to change your membership details.

Tony Bianco is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Tony Bianco communications and rewards, gifts or benefits or the loss or downgrade of your Program tiers and Program spend.

5. Participating Stores

Participating Store means any Tony Bianco stand-alone retail stores in Australia and internationally, excluding Tony Bianco concession stores such as Myer or Tony Bianco stockists.

6. Tier Calculation

As part of the Program, you will qualify for one of our three Program tiers by purchasing goods at one of our Participating Stores or online via the Tony Bianco Website in accordance with clause 5.

• Premium Class - By spending between $300 and $699 in a rolling 12 month period, starting from date of first purchase.
• Business Class - By spending between $700 and $1199 in a rolling 12 month period, starting from date of first purchase.
• First Class - By spend $1200 or more in a rolling 12 month period, starting from date of first purchase.

Once you qualify for a tier, you will hold this tier for a 12 month period commencing the day of your first purchase. 

Your status will be reviewed by Tony Bianco every 12 months. If your spend is not retained over the 12 month period, your tier will be adjusted down accordingly.  If your spend continues to increase, your status will be reviewed and accordingly adjusted to your spend.

To the extent that the tier has been achieved in connection with a breach of the Terms or otherwise has been incorrectly allocated to you, including as a result of an error on the part of Tony Bianco, we may adjust your tier classifications to the extent necessary to address the breach or error.

If there has been an error in the amount of spend recorded on your Program profile, Tony Bianco reserves the right to require evidence of the spend and review such evidence in determining whether to adjust your recorded spend and tier classification.

7. Spend inclusions

Purchases at one of our Participating Stores and via the Tony Bianco Website are included towards your spend in the Program, provided that you identify yourself or your profile details to store staff or log into your profile for shopping online, subject to the exclusions set out in this clause 5.  

Program spend excludes returns, refunds, delivery charges, the purchase of gift cards, and purchases made at Tony Bianco concession stores and Tony Bianco stockists.

If you return a purchase or cancel an order, the relevant purchase amount will be deducted from your Program spend. You will remain at your reached tier as this is locked for 12 months.

8. Program Offers

Any rewards, gifts, benefits or offers communicated as part of the Program, including but not limited to Seasonal Gifts, Birthday Gifts or Random Acts of Kindness (Program Offers) may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these terms and conditions carefully.  We may require your photo identification in order to verify your identity before a Program Offer is redeemed.

Only the specific member of the Program that receives our communications is eligible to use and redeem any Program Offers.  Any actual or attempted redemption of Program Offers by a party other than the intended recipient is invalid and may result in cancellation of your Program profile.

All Program Offers are subject to availability and Tony Bianco is not liable for any Program Offers not being available for any reason.

Program Offers do not represent legal tender and cannot be sold, transferred or assigned and are not redeemable for cash, credit or gift voucher. If you return a purchase that was paid for with a monetary offer, the value of the offer is forfeited unless it is a style exchange for a different size.

Program Offers can only be redeemed at Participating Stores and the Tony Bianco Website and cannot be redeemed at Tony Bianco concession stores such as Myer or stockists.

Unless stated otherwise, Program Offers cannot be redeemed in conjunction with any other offer and may only be redeemed once by the intended recipient. Program Offers (including discounts and store credits) may only be redeemed or used in one transaction and cannot be redeemed on freight charges.

Tony Bianco reserves the right to withdraw, cancel or vary Program Offers at any time, in its sole discretion, without notice.

Unless otherwise required by Australian Consumer Law, if you wish to return a purchase where a Program Offer was redeemed, any Program Offer redeemed or utilised will be forfeited.

9. Sign up offer

When you sign up to the Program, you will be eligible for a sign-up discount valued at $10.00.  After activating your Program profile, the sign-up discount will be sent to the email address provided by you at the time of signing up to the Program.

10. Seasonal Gift

Tony Bianco may offer a seasonal gift to members of the Program twice a year. You will only be eligible for this gift if you have qualified into any of the three tiers. The seasonal gift will be available for collection via either online with any purchase or free of charge if picked up from your allocated Tony Bianco store and may vary between tiers.

Tony Bianco may notify eligible Program members that the seasonal gift is ready for collection by email, via online or in store pick up. The gift will be available for collection for 30 days from the date that Tony Bianco notifies you. Your seasonal gift is not redeemable for cash, non-transferrable and there are no returns or refunds on a seasonal gift unless required by Australian Consumer Law.

11. Birthday Gift

All members of the Program will be entitled to a birthday gift if they have provided their date of birth in their profile. If your profile does not include a date of birth, you will not be eligible for a birthday gift.

We may request to verify your birth date using photo identification.  If you have incorrectly entered your birth date, we may revoke any Program Offers and terminate your Program profile.

Tony Bianco may notify eligible Program members by email that their birthday gift is available. The birthday gift will be available for collection via either online with any purchase or free of charge if picked up from your allocated Tony Bianco store. The gift will be available for 30 days from the date that Tony Bianco notifies you. Your birthday gift is not redeemable for cash, non-transferrable and there are no returns or refunds unless required by Australian Consumer Law.

Program members who qualify into the Premium tier will receive a $30.00 Tony Bianco store credit as their birthday gift.  The credit will be valid for 30 days from the notification date and only redeemable for purchases over $80.00.

12. Seasonal Pricing

Tony Bianco may offer seasonal pricing events to members twice a year. You will only be eligible for the pricing if you have qualified into any of the three tiers. The seasonal pricing will be available on the website or in-store and will vary between tiers. Tony Bianco may notify eligible Program members that the seasonal pricing event has started via email or online.  Seasonal pricing cannot be used in conjunction with any other discount offer or promotional code. 

13. Random Acts of Kindness

Each month Tony Bianco may (but is not obliged to) select a few active Program members to receive a special Random Acts of Kindness offer by email notification. Tony Bianco customers are not required to make a purchase to be eligible to receive the Random Acts of Kindness offer.  If you have opted-out of receiving our communications, you will not be eligible to receive any Random Acts of Kindness offers.

14. Random Acts of Kindness

Each month Tony Bianco may (but is not obliged to) select a few active Program members to receive a special Random Acts of Kindness offer by email notification. Tony Bianco customers are not required to make a purchase to be eligible to receive the Random Acts of Kindness offer. If you have opted-out of receiving our communications, you will not be eligible to receive any Random Acts of Kindness offers.

15. Suspension and/or termination

You may terminate your profile at any time by contacting us via our contact form at www.tonybianco.com/pages/contact-us.

Tony Bianco may immediately suspend or terminate your profile, your participation in the Program or the Terms or any part of the Terms without further notice, if we determine, or have reason to believe that you have:

• breached the Terms;
• engaged, or may engaged, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to Tony Bianco, the Program or your profile;
• engaged in any conduct that is inappropriate or that undermines or damages the reputation or legitimate interests of Tony Bianco;
• supplied or attempted to supply false or misleading information to our Program;
• actually, or attempted to, sell, assign, distribute, transfer or acquire, any Program Offers other than in accordance with the Terms;
• acted in a hostile, abusive or aggressive manner towards any Tony Bianco staff or any other customers in store or online; or
• become bankrupt.

Where your profile, right to participate in the Program, or the Program is suspended or terminated, any Program Offers and rights you may have at that time under the Program will be suspended or terminated and will no longer be valid (as the case may be).

16. General information

A notice or communication shall be deemed to be given by Tony Bianco to you if it is sent to your postal or email address listed in your profile or by otherwise posting it on our Website or other social media channels.

17. Tax and duties

You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Program, your participation in the Program, any Program Offers or any other transaction within, or arising out of, the Program.

18. Amendments and termination

Tony Bianco reserves the right to amend, change, withdraw or terminate the Program or any part of the Program (including but not limited to any gifts, promotions, discounts and giveaways, the loyalty levels, expiry dates or the way in which gifts, benefits or offers are earned and redeemed) and the Terms (including these Style Passport Terms), at any time, in its sole discretion without notice, and without any liability whatsoever to you or any third party.

If you do not agree with any such variation to the Terms or the Program, you may terminate your participation in the Program by giving Tony Bianco written notice within 14 days of the variation.

19. Limitation of liability

To the maximum extent permitted by law. Tony Bianco will not be liable for any loss (whether direct, indirect, incidental, special, consequential and/or incidental, including financial losses, damages, legal costs, loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, and other expenses of any nature whatsoever), claim, proceedings, penalties, fines, liability (whether criminal or civil, in contract, tort or otherwise) that is suffered or incurred by you, arising out of or in connection with, these Style Passport Terms or the Program Offers or the act, omission or negligence of Tony Bianco, including but not limited to:

• any error in recording or calculating your Program spend or tier classification; and
• any failure to or delay in delivering a Program Offer for any reason, including due to your provision of incorrect details (including email address and postal address).

For the avoidance of doubt, the clauses set out in the Terms located at www.tonybianco.com/pages/terms-conditions continue to apply in relation to these Style Passport Terms, including clause 8 Limitation of Liability.

20. Governing Law

The above terms and conditions are governed by the laws applicable of the state of Victoria in Australia. 

1.   Introduction

We want you to love your Tony Bianco Purchase, if you don’t please see our returns policy (Returns Policy) below.

This Returns Policy applies to all returns of purchases made on our Website and in physical Tony Bianco stores. This Returns Policy is incorporated by reference into our Terms and Conditions (Terms) and any capitalised terms not defined in this Returns Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Returns Policy.

Please note that this Returns Policy only applies to purchases made on the Website and in physical Tony Bianco stores and does not apply to purchases from third party stockists such as department stores.  Such purchases are subject to the returns policies of the relevant store and returns must be processed at the store of the business where the original purchase was made.

2.   Returns process

 

Returning a Product online by post

You may only return a Product by post if it was originally purchased online.  If you are returning a Product by post, please ensure that the Products meet the conditions set out in this Returns Policy, complete the online return form attached to this Returns Policy and then re-attach your returns label and post back to Tony Bianco via a Fedex Ground drop off point. For more information on how to return click here.

3.   Returns for change of mind

Tony Bianco may accept a return for change of mind subject to your compliance with the Change of Mind Return Conditions outlined below.  You acknowledge and agree that you will be responsible for all transportation costs for a change of mind return.

Change of Mind Return Conditions

Except in the case of Faulty Products, Tony Bianco will only accept a return for change of mind if:

• for purchases delivered within United States, the return is received by Tony Bianco within 30 days of the date specified on your receipt or order confirmation;
• the Product is not a Tony Bianco gift voucher, “made to order” style or accessories such as shoe care, hat, watches or jewellery product;
• the Products are unworn and undamaged, in their original condition with all original tags attached and in their original packaging; and
• proof of purchase in the form of your receipt or invoice from Tony Bianco has been provided with your return request.

Any Product returned which does not meet the Change of Mind Return Conditions and will be sent back to the sender, at the sender’s cost.

To the maximum extent permitted by law, Tony Bianco reserves the right to refuse a return for a change of mind at our sole discretion, including on the basis of a failure to adhere to these Change of Mind Return Conditions or a failure to comply with this Returns Policy.

Full priced Products

Subject to the Change of Mind Return Conditions, full priced Products may be returned following our Returns Process for change of mind to receive a full refund or store/online credit, at our election.

Products purchased at full price as part of a special promotion may be returned following our Returns Process for change of mind to receive a full refund or store/online credit, at our election.

For a product exchange, Tony Bianco will cancel your prior order placed and a new order will need to be placed by the customer via the Tony Bianco website. 

Reduced or sale Products

Except in the case of Faulty Products, Products purchased at a reduced or markdown price may be returned following our Returns Process to receive a Tony Bianco credit, at our election.

 

4.   Faulty returns

If you would like to return a Product that is faulty or that may be returned as otherwise required by Australian Consumer Law (Faulty), Tony Bianco will accept returns as set out below.

If you believe your Product is Faulty, you may, within a reasonable time after purchase, make a return via our Returns Process and the return will be dealt with as set out below.

 

Faulty Returns via Post

Once we receive your Online Return Form and the relevant Products, the Products will be assessed by us.  If they are deemed to be Faulty, we will provide you with a repair, replacement, refund on the faulty Product subject to our obligations under the Australian Consumer Law plus a refund of the return shipping costs incurred by you.

To the maximum extent permitted by law, Tony Bianco shall not be liable for any defect or damage to the Product which may be caused, or partly caused, by or arise as a result of:

• you failing to properly maintain or store the Product;
• you using the Products for any purpose other than that for which they were designed;
• you failing to follow any instructions or guidelines provided by Tony Bianco;
• fair wear and tear; or
• any natural disaster, outside forces or accident.

5.   Consumer Guarantees

This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law. Our Products come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law.

6.   Delivery and Shipping

Except in the case of returns of Faulty Products, original shipping charges are non-refundable and shipping charges for change of mind returns are your responsibility. You acknowledge and agree that Tony Bianco will not be liable for missing deliveries of returned Products.

7.   Return tender

Where your return is exchanged for Tony Bianco online store credit.

If you are entitled to a refund, your refund will be returned in the same manner as your original payment method. Please note that processing of refunds can take up to 7 business days to show on your account due to varying processing times between payment providers and banking institutions.

8.   Replacements and Exchanges

Please note that we may not be able to offer a replacement or exchange on some Products if there is no longer stock available. If your return is accepted by us and no replacement or exchange is available, you may be offered Tony Bianco store/online credit or a refund in accordance with this Returns Policy.  Please note that we do not offer returns for change of mind on Sale Products.

For a product exchange, Tony Bianco will cancel your prior order placed and a new order will need to be placed by the customer via the Tony Bianco website. 

9.   Amendments

This Returns Policy may be amended from time to time by Tony Bianco, without prior notice. Any purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check our Terms, before making any purchases.

10.   Contact us

If you have any enquiries regarding your return or our Returns Policy, you may contact us via the methods set out on our Website.

11. Governing Law

The above terms and conditions are governed by the laws applicable of the state of Victoria in Australia. 

Tony Bianco takes your privacy and the security of your financial information seriously. Please read the following information to learn more about how we protect your information.

1.        Introduction

Tony Bianco recognises the trust you are placing in us when you become our customer. Under law, your rights to privacy are also protected. Privacy laws place strict requirements on us to treat certain information collected as confidential, to store your information securely and to allow you easy access to check and correct your inforWmation.

This Privacy Policy explains how we gather information about you and how we may store, maintain and use that information. Our Privacy Policy applies to this website and to any other website created or hosted by us from time to time on which this Privacy Policy appears.

This Privacy Policy is incorporated by reference into our Terms.  Any capitalised terms not defined in this Policy are defined in the Terms.  You agree to comply with all Terms when accessing or using our Services, including this Privacy Policy.

By accessing and using our website and Services, you warrant and represent to us that you are 16 years of age or older or you have the consent of your parent or guardian and you agree that you are consenting to the collection of information by us in accordance with this Privacy Policy. 

2.        What information do we collect and how is it collected?

At times, we are required to collect Personal Information as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act) for the purposes set out in this Policy.

Some of the information we may collect from you includes:

• your name and contact details, such as your physical address, email address and phone number;
• your gender, shoe size and date of birth;
• your purchase history;
• the name of the domain from which you access the internet;
• the date and time you access our sites; and
• the internet address of the website from which you linked directly to our sites.

2.1.     Personal Information provided by you

We collect information that you knowingly and voluntarily provide to us via use of our Services as well as through any other means used to contact us (such as email, phone, live chat, contact forms or social media).

The kinds of Personal Information we collect include your contact and payment information such as your name, email address, organisation, address, phone number, mobile number, password, billing information.

For example, we may need to collect such information to provide you with further services, register your membership to our Services or to answer or forward any requests or enquiries.  We may also collect information about whether you opt-in or opt-out of our newsletters or promotional material.

2.2.     Automatically collected Personal Information

We automatically record information from your device and its software when you access our Services, including your IP address, web browser and device type, internet service provider, mobile phone carrier, platform type, the website from which you came and the website to which you are going when you leave our Website, date and time stamp and cookies that may uniquely identify your web browser or account.

When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled, geographical location data (including GPS).  Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.

2.3.     Personal Information collected via cookies

We make use of “cookies” on our websites. A cookie is a small software message sent to your web browser by our web server. Your web browser stores the message in a file and the message is then sent back to our servers each time your web browser requests a page from our servers.

We use cookies to gain statistics on which areas of our sites attract traffic. We also use cookies to improve your experience of our websites. For example, cookies allow us to recognise whether or not you are returning to our websites. In addition, we make use of third parties who use cookies to serve ads based on past visits to our website. This may allow us to alert you to products or offers which we think you might be interested in viewing.

Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you will need to adjust the settings of your web browser to refuse all cookies or to notify you each time a cookie is sent to your computer.

We also use Google Analytics, which allows us to anonymously track the use of our Website by recording the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you.

3.        For what purposes do we collect and use Personal Information?

We collect your Personal Information as outlined in this Privacy Policy for the purposes described below:

• for provision of, and administration of, the Services, including:
  • creating a loyalty account;
  • accepting customer orders;
  • processing online purchases and payments;
  • dealing with customer service requests (including via social media);
  • processing credit card payments;
  • arranging product holds;
  • receiving prize application forms;
  • accepting gift voucher payments;
  • processing cash refunds; and
  • maintaining detailed information on our websites;
• for communication with you and to provide messaging and/or communications to you in association with the functions and features of the Services;
• for communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, purchase confirmation, invoices, support and administrative messages;
• for analysis, monitoring, development and improvement of our Services, including in relation to other products or services;
• for security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property and that of our other users;
• for sending marketing communications to you, including notifying you of promotional or special offers, contests and rewards, upcoming events and other news about products and services offered by us and use of our Services; and
• for the performance of other functions described at the time of collection or as consented to in relation to our Services.

4.        How do we store and protect your Personal Information?
4.1.     Security and Storage of Personal Information

We understand the importance of your Personal Information and have appropriate procedures in place to safeguard and secure the information we collect to prevent unauthorised access or disclosure, maintain data accuracy and ensure the appropriate use of information.

We take website and credit card security extremely seriously and always endeavour to provide a secure and safe platform from which to conduct online transactions.  We use the industry standard Secure Sockets Layer (SSL) protocol, which encrypts information as it is transmitted over the internet. This encryption scrambles details such as credit card numbers, billing details and delivery addresses so that other computers are unable to decipher the information, ensuring privacy and security.

Your Personal Information is stored in secured, encrypted servers located in the United States of America and Australia (e.g. in data storage and cloud computing facilities operated by us or by third parties on our behalf).

It is important for you to protect your account against unauthorised access. Ensure you sign out when you have finished visiting our websites especially if you have accessed the websites from a shared computer.

4.2.     Storage of Personal Information on third party platforms

Sometimes we use third-party platforms and services to process sales, store and analyse data and information, provide web support, send marketing messages, deliver products or otherwise deliver information (Third-Party Platform).  These Third-Party Platforms are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas, including in the United States of America and Australia.  These Third-Party Platforms may include Shopify, PayPal, and Afterpay.

The privacy policies and terms and conditions of relevant Third-Party Platforms will apply.  It is your responsibility to read, agree to and comply with such privacy policies and terms and conditions.  The Third-Party Platform may collect, transmit or store data such as your full name, address and billing address, billing and payment information, phone number and email.

You acknowledge and agree that Tony Bianco has no control over the security or privacy of Personal Information collected by Third-Party Platforms and that Tony Bianco is not liable for any loss or damage to you in connection with any breach of this Privacy Policy or any data breach by any Third-Party Platform.  To the maximum extent permitted by law, Tony Bianco shall not be liable for the act, omission, negligence or the conduct of any such Third-Party Platform.

4.3.     Destroying and de-identifying Personal Information

We reserve the right to maintain and store any information or data where we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.

We destroy or de-identify your Personal Information where it is no longer needed for the purposes outlined in this Privacy Policy.  If the GDPR applies to you and you have not contacted us or placed an order in the past two years, we will delete your Personal Information.

You may contact us at any time to request permanent deletion of your Personal Information from our system, however such requests may limit or prevent us from providing the Services to you.

5.        Who can access your Personal Information and to whom is it disclosed?

Disclosure of your Personal Information will occur in accordance with the purpose for which it was collected or as outlined in this Privacy Policy.  Accordingly, your Personal Information may be disclosed to other individuals and companies as outlined below:

5.1.     Tony Bianco, Related Bodies Corporate

Your Personal Information may be accessed by us, including our directors, officers, employees and contractors.  You consent to us providing your Personal Information, including Sensitive Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).

5.2.     Service providers

Your Personal Information may also be accessible to our third-party service providers, such as our website host and technical support providers.  We may procure such third party service providers for the purposes of enforcement of our terms and conditions, providing fraud detection and prevention services, processing payments, delivering goods or providing analytics services.  We may also share your Personal Information with our business partners who offer goods or services to you jointly with us (for example, contests or promotions).

The countries this information may be disclosed to will vary from time to time, but may include Australia, New Zealand, and the United States of America. We use reasonable steps to ensure that these parties are either governed by substantially similar, accessible and enforceable laws to the Australian Privacy Principles or adhere to the Australian Privacy Principles, however to the maximum extent permitted by law, we are not liable for the privacy practices of such parties.  By accessing, registering, using or subscribing to our Services, you acknowledge and consent to disclosure of Personal Information to such overseas recipients.

If the GDPR applies (as defined in clause 11), transfers of your Personal Information to another country or international organisation will only take place in accordance with the GDPR, where that country or organisation has provided appropriate safeguards and on the condition that you have enforceable data rights and effective legal remedies.

Where Personal Information is shared with these third parties, they are obliged to observe the confidential nature of such information and are prohibited from using any or all of this information other than for the purpose for which it was provided. 

5.3.     Parties required by law

Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles.

5.4.     Other third parties

We may share your Personal Information where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.

We will also disclose Personal Information to a law enforcement agency if we are requested to do so by that agency in relation to suspected unlawful activity.

We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.

Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:

• investigate and defend ourselves against any third party claims or allegations;
• protect against harm to the rights, property or safety of Tony Bianco, its users or the public as required or permitted by law; and
• detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

6.        Promotional communications

You agree and expressly consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you.  We may use or disclose Sensitive Information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.

We want to communicate with you only if you want to hear from us. If you would prefer not to receive promotional information from us, please let us know by clicking on the “unsubscribe” or “update your preferences” at the bottom of any of our communications, or by clicking into your account and manage the level of communication which you want to receive from us.

7.        Third party websites

When you click on links and banners on our Website that takes you to third-party websites, you will be subject to that third party's privacy policies and we recommend that you make your own enquiries as to their privacy policies.  While we support the protection of privacy on the internet, we cannot be held responsible for the actions of any third party websites.  We do not make any representation about and are not liable for any information on, or the privacy practices of, any third-party websites, whether or not linked from our Services.

8.        Access and corrections to your information

You may review, change or delete Personal Information related to your use of our Websites. To access your information, simply sign into your account and visit your account dashboard. If you would like to know what information we hold about you, please contact our Privacy Manager via the details set out at the bottom of this page.

If you discover that there is an error or information is missing, please update your details online by signing in and editing the relevant details on your account dashboard.

We will try to ensure that all information we collect, use or disclose about you in accordance with this Privacy Policy is accurate, complete and up-to-date. We expect that you will promptly notify us of any changes to your Personal Information.

If you hold multiple accounts with us through our loyalty program, we may combine your accounts to create one profile. Prior to doing this, we will take reasonable measures to ensure we have verified your membership details and that all the accounts belong to you.

9.        Privacy complaints

If you believe that we have breached your privacy rights in any way, or if you would like to discuss any issues about our privacy policy please contact our Privacy Manager on privacy@tonybianco.com

All such enquiries or complaints will be taken seriously and handled with impartiality and discretion.

If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done.  You will also receive an acknowledgment from us within 7 days confirming receipt of your complaint. 

Once you have submitted your complaint we will assess it to determine whether or not you have complained about a privacy issue which is governed by the relevant privacy laws. If you have complained about something which is not governed under the privacy laws, we will write to you and explain why our Privacy Manager is unable to address your complaint.

If you have complained about something which is governed by the privacy laws, we will thoroughly investigate all aspects of your complaint including ascertaining the relevant facts and what your expectations are for any resolution.  During our investigation we may need to seek further information from you as to the circumstances surrounding your complaint.

At all times, we will endeavour to respond to you and to offer a practical solution which is consistent with our legal obligations.

If you are not satisfied with our handling of your complaint or if we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner or, if you are in the EU, a data protection authority or supervisory authority.

10.   Amendments

We reserve the right to vary this Privacy Policy from time to time as we see fit.  While we will endeavour to notify you as soon as reasonably possible of any changes to this Privacy Policy by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services.  This page contains our most accurate and up to date version of our Privacy Policy.

11.   Contact us

Please address all enquiries, updates, requests and complaints to our Privacy Officer at the details below:

Attention: Privacy Officer

Company: Bianco Retail Pty Ltd trading as Tony Bianco

Email: enquiries@tonybianco.com

Phone: 1 800 790 799

Postal Address:

4/29 Cromwell Street

Collingwood VIC 3066

Australia

12.   Application of GDPR

For the purpose of clarity, data processing of individuals in the European Union (EU) is carried on only occasionally and as such, no EU representative has been designated, however the General Data Protection Regulation (GDPR) (EU) 2016/679 may apply to you if you are resident of, reside in or are located in the EU.

If the GDPR applies, in this Privacy Policy, “Personal Information” shall also include the definition of “Personal Data” under the GDPR and terms that are defined in the GDPR shall be defined in this Privacy Policy in accordance with the GDPR.

If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.

12.1. Consent and right to withdraw consent

By clicking accept to this Privacy Policy or otherwise notifying us of your acceptance of this Privacy Policy, you agree that you are providing express, freely given consent to us processing your Personal Information for the purposes outlined above and that we may lawfully process your Personal Information on the basis of this consent.

To the extent that our legal basis for processing your Personal Information is consent, you have a right to withdraw consent to the collection of your Personal Information at any time by sending us a written request to do so via the contact details above.

12.2. Legal Basis

Our legal bases for collecting and processing your Personal Information for the purposes listed above may be:

• your express consent;
• for our legitimate interests in providing information about the Services to you or providing the Services to you and improving and developing the Services; and/or
• in order to perform a contract (whether verbal or written) for you in order to provide paid Services to you.

12.3. Your rights

We have summarised your rights under the GDPR, but please note that not all of the details of your rights have been included in these summaries.  Please ensure to read the relevant laws and guidelines for a full explanation of these rights.

You may exercise these rights by contacting us to notify us of the rectification or provide information to complete your Personal Information.

• Right of access

You have a right to obtain confirmation as to whether or not your Personal Information is being processed and, if so, you may request access to that Personal Information and further information including the purposes of the processing, the categories of Personal Information concerned and the recipients of the Personal Information. The first copy of such information will be provided free of charge, but additional copies may be subject to a reasonable fee.

• Right of rectification

You have the right to obtain the rectification of inaccurate Personal Information concerning you and you have the right to have incomplete Personal Information completed.

• Right to erasure

You have the right to obtain the erasure of your Personal Information without undue delay if:

• the Personal Information is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• you withdraw consent to consent-based processing;
• you object to the processing under certain rules of the GDPR; or
• the Personal Information has been unlawfully processed.

However, there are exclusions of the right to erasure such as where processing is necessary to exercise the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.

• Right to restriction of processing

You have the right to restrict the processing of your Personal Information if:

• you contest the accuracy of the Personal Information;
• processing is unlawful, but you oppose erasure;
• we no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise or defence of legal claims; or
• you have objected to processing, pending the verification of that objection.

Where processing has been restricted on this basis, we may continue to store your Personal Information, however we will only process it with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.

• Right to data portability

To the extent where your Personal Information has been provided based on consent, under a contract, or where processing is carried out by automated means, you have a right to receive Personal Information concerning you in a structured, commonly used and machine-readable format and you have a right to transmit that data to a Data Controller, except where this would adversely affect the rights and freedoms of others.

• Right to object

You have the right to object to our processing of your Personal Information for direct marketing purposes. If you make such an objection, we will cease to process your Personal Information for this purpose.

13. Governing Law

The above terms and conditions are governed by the laws applicable of the state of Victoria in Australia. 

Tony Bianco has an ongoing commitment to achieving the highest levels of satisfaction for all customers.  As part of these efforts, Tony Bianco is dedicated to offering a quality online experience on https://us.tonybianco.com (the "Website") to customers with disabilities that is full and equal to the experience provided to customers without disabilities.

Over time, Tony Bianco will be implementing relevant portions of the Web Content Accessibility Guidelines 2.0 and 2.1 Levels A and AA, a set of guidelines developed by the World Wide Web Consortium and used to ensure that digital content is accessible to everyone.

Contact Us

Please be aware that our efforts are ongoing. If, at any time, you have any specific questions, feedback, or concerns about the accessibility of any particular portion of the website, please contact us via phone, live chat or email us at enquiries@tonybianco.com. If you do encounter an accessibility issue, please be sure to specify the Web page/URL in your email, and we will make all reasonable efforts to address your concerns.