Terms and Conditions
1.1 Wirawan Batik (referred to as Wirawan Batik, we, our, or us) permits users (referred to as you or your) to:(a) Access and use the Wirawan Batik website (WirawanBatik.com) (Website);
(b) Place an order (“order”) for goods and services offered for sale through the Website (“products”);
(c) View and interact with any communications including but not limited to, content, advice, information, texts or other material provided by Wirawan Batik; and
(d) Otherwise communicate with Wirawan Batik, subject to the following terms and conditions.
1.2 Wirawan Batik shall have the right in its absolute discretion at any time by notice to amend, remove or vary the Services and/or any page of this Website. Notice may be given by any reasonable means including, but not limited to, posting a revised version of these Terms and Conditions on the Internet or notification by electronic mail. Any use of the Website after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions. By using the Website you are agreeing to all of the Terms. We will provide notice of updated Terms by posting it on the Website. Your use of the Website is governed by the most recent Terms listed on the Website. We recommend you check this page regularly and take notice of any changes made.
2.0 Orders for products, services or both through our online store:
2.1 By placing an order via our Website you are making an offer and commitment to purchase products and/or services in accordance with these Terms. When you place an order, you will receive an acknowledgement email confirming receipt of your order.
This email is only an acknowledgment and will not constitute acceptance of your order. Subject to clause 2.2, Wirawan Batik reserves the right to accept or reject an order in its discretion after receipt of the order.
2.2 Notwithstanding anything to the contrary, we may at any time following receipt of your order accept, decline, or limit your order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. Where your order is canceled by us, we will exit the Contract of Sale by issuing you with a refund if you have been charged or we have received payment from you.
2.3 Provided you have not accepted delivery of the products, where possible Wirawan Batik may permit in order to be canceled, but cancellation requests cannot be guaranteed once any applicable payment is received for the order. The order cannot be canceled by you once you accept the delivery of products. Wirawan Batik products must not be purchased for resale.
3.0 Limitation of Liability and Consumer Guarantees
3.1 Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy conferred on you by the Schedule 2 to the Competition and Consumer Act 2010 (Cth)(Indonesian Consumer Law) or any other applicable law (including in respect of customers that reside outside of Indonesia, similar legislation applicable to the sale of goods) that cannot be excluded, restricted or modified by agreement. Such rights or remedies include consumer guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title.
3.2 At Wirawan Batik’s option, the limit of liability for a breach of non-excludable guarantee referred to in clause 3.1, to the fullest extent permitted by the law Wirawan Batik is limited to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.3 You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The evaluation and final decision on condition remains at the sole discretion of Wirawan Batik and its representatives. This decision is final.
3.4 In no event shall Wirawan Batik, its related bodies corporate and each of the respective directors, employees, agents and contractors of any of them be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Wirawan Batik Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.
3.5 Wirawan Batik will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
4.0 Pricing and Availability
4.1 All prices are displayed in Indonesian Rupiah.
4.2 Wirawan Batik reserves the right to modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in availability, product discontinuation, changes in market conditions, manufacturer changes, errors in advertising, and in other circumstances).
4.3 Whilst we endeavour to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to availability of products/service is a guide only and is subject to change without notice. Without limiting any other terms, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error in relation to any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
5.1 Payment for an order is made online through our Website. You must pay for the Products at the time of placing your order using the Website. Wirawan Batik accepts Visa and MasterCard. You must comply with the relevant terms and conditions of these providers.
5.2 Your order is not recorded or processed until payment is received.
5.3 The payee must match either the billing or shipping recipient. If you pay by card, you authorize us to debit the amount payable for an accepted order from your nominated account. For security, we carry out standard pre-authorisation checks on transactions prior to processing.
5.4 Upon confirmation of order, we will provide a confirmation of the order outlining total fees and charges for the products/services in your order.
5.5 You must not pay, or attempt to pay, for any orders through any fraudulent or unlawful means. Wirawan Batik will report any instances of credit card fraud to the Indonesian Police and banking authorities or any equivalent law enforcement agency or banking authority in overseas jurisdictions (as the case requires).
6.1 Your order will be delivered to you through your nominated third-party courier. Upon confirmation of shipment/order, you are agreeing to accept any risks involved in transportation as detailed in clause 7.0. Each individual order will be shipped as a separate order and cannot be combined.
6.2 We cannot guarantee delivery times, including due to reasons beyond our control. All delivery estimations are provided based on general data available to public. Postage may be subject to delay due to causes outside Wirawan Batik, including but not limited to public holidays, peak periods and time in customs (if applicable).
6.3 When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of Indonesia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country and region to region; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original shipment delivery estimates.
6.4 We reserve the right not to deliver products to certain countries in our absolute discretion. Also, we are not responsible for assuring the product can be lawfully imported to the destination country. When ordering from us, for delivery outside Indonesia, you or the recipient of record must comply with all laws and regulations of the destination country. Accordingly, you should check any import laws or regulations that would restrict the importation of the products prior to purchase.
6.5 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us.
6.6 Further terms and conditions relating to delivery of products are set out in our Delivery Policy.
7.0 Risk and Title:
7.1 In respect of orders delivered to you using one of our third-party couriers, then:
(a) title to the products in your order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your order passes to you when we dispatch your order from our premises.
7.2 To the maximum extent permitted by law, we are not liable for any damages or loss of any orders once it has left our premises. As per the Indonesian Consumer Law, Wirawan Batik does not have to pay for damages or losses that:
(a) are not caused by our conduct, or our products supplied; and
(b) relate to something independent of our business, after the goods have left our control.
8.0 Returning items
8.1 Wirawan Batik will gladly offer a store credit or refund for any full priced or promotional price purchases you wish to return back to our warehouse on the following conditions:
(i) the products are received into our warehouse within:
Domestic orders – 30 days from dispatch (As detailed on shipment email)
(ii) the products are not worn, used, washed or damaged;
(iii) the original tags/labels/original hygiene sticker(s) are attached;
(iv) you present proof of purchase; and
(v) you have completed the online Return Form to authorise your return.
8.2 Assessment of a product’s condition remains at the sole discretion of Wirawan Batik and this decision is final. We reserve the right to refuse any returns where the above conditions are not met. Refused items will be returned to the customer at the customer’s expense. If we refuse any returns where the above conditions are not met, we will attempt to contact you to obtain payment for returning the product to you. If you do not respond to us with the required details within a reasonable amount of time (in any event no later than 90 days from the date on which we contact you) we may treat the product as abandoned and deal with the product as we see fit in our absolute discretion.
8.3 Payment Method
We will refund using your original payment method, or on gift card where appropriate at our discretion.
8.4 Store credits are valid for 12 months from issue.
9.0 Cost of Returning Your Goods
9.1 You will need to pay for any postage fees involved in posting the items you wish to return, unless faulty as detailed in clause 10.0. In the event that the return postage cost has not been covered by the customer for a return, without Wirawan Batik's prior express written permission, Wirawan Batik reserve the right to withhold the return postage cost from the total reimbursement amount for the returned item/s
9.2 Wirawan Batik will not be liable for loss of parcels being returned.
9.3 The decision to not follow this advice is at your own risk, as detailed in clause 7.0.
10.0 Faulty or Damaged Items
10.1 In accordance with rights available to customers located in Indonesia, under the Indonesian Consumer Law:
(a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact the Wirawan Batik Customer Experience team where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
10.2 Assessment or confirmation of fault remains at Wirawan Batik’s sole discretion and this decision is final.
10.3 If an item is assessed as not faulty at Wirawan Batik’s sole discretion, the product will be refused and returned at the customer’s expense.
10.4 Wirawan Batik will refund the postage costs for any items deemed to be faulty in accordance with this clause 10. The shipping costs will be reimbursed within reason where proof of purchase is provided.
10.5 Refunds can only be processed via the same payment method used for the original purchase.
11.0 Gift Vouchers, Store Credits and Discount/Promotional Codes
11.1 All Wirawan Batik gift vouchers, store credits, discount/promotional codes or alike (Gift Card) are subject to the following terms contained in this clause 11, which are also provided on issue of gift vouchers.
(a) Gift Cards are valid for use on goods or services offered on the Wirawan Batik Website, unless otherwise specified;
(b) Purchase of a Gift Card is not valid in conjunction with any other promotional codes, discount codes, or therealikes;
(c) Gift Cards are not redeemable or transferable for cash;
(d) Any unused balance on a Gift Card will remain on the relevant voucher/credit note until depletion or expiry, whichever comes sooner;
(e) Gift Cards are not subject to maintenance fees, unless otherwise stated;
(f) Lost or stolen Gift Cards cannot be refunded or replaced;
(g) The resale of Gift Cards is strictly prohibited; and
(h) All purchases made using Gift Cards for product(s) on sale are subject to clause 12.0.
11.2 If for any reason Wirawan Batik cancels a Gift Card for any reason any remaining unused balances will be refunded to the purchasers as required by Indonesian Consumer Law.
11.3 By purchasing, activating, using or attempting to use a Gift Card, or by exercising any right to redeem value loaded on a Gift Card, you warrant that you will comply with this clause 12 and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to other customers of Wirawan Batik.
11.4 If you are giving a Gift Card to another person, you must procure that such person is aware of the requirements of this clause 12 and the expiry date of the Gift Card.
11.5 The Gift Card can be used or redeemed to purchase products from Wirawan Batik on our Website, up to the monetary value contained in the Gift Card. Upon purchase of any products using the Gift Card, the value of the products purchased shall be automatically deducted from the Gift Card.
12.0 Sale Items
12.1 All products on sale are subject to the following conditions:
- i) Available until sold out
- ii) Limited sizes and styles are available
iii) Not valid on rainchecks, or on previous purchases
- iv) Not available to be returned, subject to clause 8.0.
- v) Subject to sell out without prior notice.
12.2 Returns on sale/promotions
(a) Any sale products are not available to be returned as detailed in Returns Policy.
(b) Products purchased as part of a promotion are eligible for return providing the return meets the conditions in clause 8.1.
12.3 Whilst we endeavor to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to the availability of products/service is a guide only and is subject to change without notice. To the maximum extent permitted by law, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error we will inform you of this as soon as possible and give you the option of reconfirming your order or canceling it.
13.0 Disclaimer of Ownership of Trademarks and Copyright
Except where expressly stated, third party trademarks and images of third party goods, service and/or locations featured on this website, content or communications are in no way associated, linked or affiliated with Wirawan Batik. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Wirawan Batik.
14.0 Intellectual Property
(a) The intellectual property rights in all text, graphics, images, software, material and other content (“content”) made available to you by Wirawan Batik on, through, or affiliated with this Website remains the property of Wirawan Batik or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Wirawan Batik and its licensors.
(b) You may store, print and display content supplied to you solely for your own personal use, provided you (a) do not change the content from how it appears on this site; and (b) include all relevant copyright notice (E.g. “© Wirawan Batik 2018”); unless otherwise authorised in writing by Wirawan Batik. Without limiting the foregoing, you must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
(c) Unauthorized use of the content may violate copyright, trademark, and other laws. You must not publish, reproduce, display, frame, publicly perform, transmit (including broadcast), adapt, link, modify, manipulate, distribute, sell or otherwise reproduce or use, in any way or format, any of the content or copies of the content supplied to you by the Website/affiliated content nor may you use any content in any way in connection with any public, business or commercial enterprise or purpose. The use of the content on any other Web site or in a networked computer environment for any purpose is prohibited.
(d) No license or consent is granted to you to use our Copyrighted content or Trademarks in any way, and you agree not to use Content or any Trademarks which are similar in design without the written permission of Wirawan Batik.
This Website contains graphics and visual representations of products protected by copyright and/or law in all. Wirawan Batik retains ownership of all designs, graphic representations, and other information that is or may be represented via the Website and/or other marketing affiliations.
We take active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws. Reproducing or making in part of whole copies (either electronically, physically, or other) is strictly prohibited.
15.0 Prohibited Uses
You agree that in accessing this Website, you will not engage or attempt to engage in any of the following:i) Commit or encourage a criminal offence (Including but not limited to fraudulent activities as detailed in clause 17.0)
ii) Transit or distribute a virus
iii) Breach confidentiality,iv) Act or be obscene or offensive to the Service or its users
v) Hack into any aspect of the Service
vi) Corrupt or infringe on data or the businesses proprietary rights/materials.
vii) Send unsolicited advertising or promotional materials (I.e “Spam”)
viii) Make or attempt to affect the performance or functionality of any computer facilities of or accessed through this Websiteix) Download (other than page caching) or modify the Website, or any portion of the Website
x) Impersonate or falsely claim to represent a person or organization
xi) Send, or attempt to send any unsolicited marketing, advertising or promotional commercial messages for the sale of goods or services.
Any breach of the above conditions may result in:(a) The immediate termination/restriction of your access to the Website or any feature of the Website for any reason; and
(b) Reporting any breaches to the relevant law enforcement authorities and disclose your identity to them.
The determination of any breach is at the sole discretion of Wirawan Batik and subject to clause 17.0.
16.0 User submissions
16.1 By making any communication to the Website or by transmission to Wirawan Batik or to the Website by e-mail or other medium, you grant us (and each of our permitted assigns, successors, related bodies corporate, partners and their respective successors and permitted assigns) a royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, world-wide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication in any way, in part or in whole and in any medium (including but not limited to the Website), by any means and for any purpose (including commercial purposes), and to authorise others to do so. Wirawan Batik, its successors, assigns and licensees may do or omit to do anything to such communications which may infringe your moral rights in such communications, including editing, altering and reproducing such communications in any manner or context, in perpetuity throughout the world.
16.2 As a user of the Website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
16.3 Wirawan Batik does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.
16.4 Wirawan Batik does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Website. If notified by a user of communications which allegedly do not conform to this agreement, Wirawan Batik may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Wirawan Batik has no liability or responsibility to users of the Website for performance or non-performance of such activities. Wirawan Batik reserves the right to expel users of the Website and prevent their further access to the Website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
17.0 Security and Fraud
17.1 Whilst we endeavor to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Website. Although reasonable precautions have been taken, we do not guarantee that access to the Website will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website.
17.2 Your credit card details are not stored by the Website, they are passed securely through a third party online payment gateway.
17.3 Upon placing an order, you agree that you are an authorized user of the credit or debit cards used to place your order. If you are not the cardholder listed on the credit card, do not make a purchase using the Website.
17.4 In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.
18.0 Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Indonesia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Indonesian courts.
If you access this Website or make an order for products in a jurisdiction other than Indonesia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. To the maximum extent permitted by law, Wirawan Batik makes no representations that the supply of the products or the content of the Website complies with the laws of any country outside Indonesia.
The above Terms and Conditions, the Delivery and Returns Policy constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Wirawan Batik.
If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and Wirawan Batik.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Wirawan Batik.
20.0 Indemnity and Termination of Access
You indemnify us against all liabilities or losses we may incur in respect of all loss, damage, fines, penalties, demands, expenses (including legal fees on a full indemnity basis), howsoever arising under common law (including negligence) or under statute, in connection with any of the following:
(i) any breach of these Terms by you;
(ii) your use of the Website of the Wirawan Batik content; or
(iii) your communications with Wirawan Batik
We reserve the right to terminate or restrict access to Wirawan Batik, Website, or anything directly associated, at any time for any reason in its sole discretion without prior notice. Any indemnities are given by you and any limitations of our liability survive such termination.
21.0 Transfer and Assignment
If Wirawan Batik merges with, sells to or otherwise changes control of its business or the Website, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that Wirawan Batik has collected from you and any agreements it had made with you in connection with your use of the Website.
Wirawan Batik is providing this Website and its contents on an 'as is' basis and use of this website is at your own risk. The content may contain inaccuracies or typographical errors. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the website. Wirawan Batik and each of its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this Website (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations (including under the Indonesian Consumer Law), none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Website.
Use of the Website and the content is at your own risk. Changes are periodically made to the Website, and may be made at any time.
Wirawan Batik does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Website or the content results in the need for servicing or replacing equipment or data, Wirawan Batik is not responsible for those costs.
The Website and content are provided on an 'as is' basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. Wirawan Batik and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Your ability to purchase goods or services from this Website may be terminated by us at any time without notice. All restrictions, licenses granted by you and limitations of Wirawan Batik’s liability will survive termination.
24.0 Contacting Us
If you have any questions regarding the Website or Terms and Conditions please contact us via the “Contact Us” page located at the bottom of the Website and following instructions from there.
Last updated: 11/12/18