Terms & Conditions


Havana Returns Policy

All refund rights under both State and Commonwealth Law apply.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon.

Please read the following carefully to ensure you are fully aware of your rights under the policy and our obligations to you.

When you change your mind

  • At Havana you have 30 days to return your items (some exclusion apply) for a full refund or exchange as long as it is returned in a salable condition with original proof of purchase. The refund will be provided using your original payment method.
  • By salable condition we mean that the item hasn’t been opened or used, is still in its original packaging and all manuals, packaging and accessories are included.
  • If you can’t provide proof of purchase and the item is national branded we will be unable to provide you with an exchange coupon or refund.

Havana will accept returns and provide you with a Havana Returns Card, refund (refund will be provided using original payment method) or repair where:

  • The item is faulty or is not of acceptable quality, or
  • The item is not fit for its intended purpose, or
  • The product does not match the sample or our description; and
  • You can present a Havana receipt or other adequate proof of purchase

Havana may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem. We reserve the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.

 

Proof of Purchase

Returns, refunds, exchanges or repair requests must be accompanied by any one of the following proof of purchase documents:

  • Online Tax Invoice (order confirmations will not be accepted)
  • Financial statements such as a bank statement, credit card statement and PayPal statement

Privacy

You will be asked for information that is relevant to your return or to satisfy legislative requirement. If you do not provide this information, then we may be unable to process your return. When returning merchandise with proof of purchase, you will be asked for your signature as authorisation of the return transaction. If Havana agrees to a return without adequate proof of purchase, you will be asked to provide identification containing your full name. Havana will record your name and form of identification provided, which may be accessed by authorised Havana team members for fraud protection activities. Information collected will be securely stored in accordance with Havana's privacy policy.

Conditions of use

Please take few minutes to read the below information about the legal terms and conditions that apply to your use of the Havana website and any services or products that you order from us. If you don't agree to these terms and conditions please do not use our website.

Acceptance

By using this website you are bound by these terms and conditions which form a legally binding contract between you and Havana.

Privacy Policy

Your privacy is very important to us and we will always act to protect your information. 

Havana's Privacy Policy

 

Havana is committed to protecting the personal information entrusted to it. Havana has a strong commitment to maintaining the security and integrity of personal information within our care. We endorse the Australian Privacy Principles contained in the Privacy Act 1988 and support the role that the Australian Privacy Commissioner within the Australian Human Rights Commission plays.

The purpose of this privacy policy is to:

  • give individuals a better and more complete understanding of the sort of personal information that Havana holds, and the way we handle that information
  • clearly communicate the personal information handling practices of Havana, and
  • enhance the transparency of Havana's operations.

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. We have addressed how we manage the personal information of customers, employees and suppliers separately below.

 

 

What Information we collect

We collect a range of information from our customers that is directly related to the products and services you choose. Where we wish to use the information for other purposes we will seek your agreement beforehand. The kind of personal information we collect can include: name, contact details, location, demographic information like gender, age, relationship status and so on.

How We Collect Information

As much as possible we collect information directly from our customers. We do this in a number of ways, including when you:

  • provide us with personal information through personal mobile computing devices, like smart phones and tablets;
  • fill out application forms; or
  • submit your personal details through our website.

We also collect solicited personal information indirectly, through publicly available sources, or through social media sites, like Facebook, Twitter, Google and others, who disclose to their users that the users’ personal information is provided to businesses like Havana.

We do this where:

  • the customer has consented to such collection or would reasonably expect us to collect their personal information in this way, or
  • if it is necessary for a specific purpose such as the investigation of a privacy complaint

We usually only retain unsolicited information about our customers when dealing with a customer enquiry or complaint or where we conduct an investigation. 

Using Personal Information

We use personal information to better understand our customers’ interests and needs, to complete purchase transactions and to offer an ever improving quality range of amazing products.

We use personal information in the following ways:

  • Provide, deliver, source, administer, improve and personalise our products and services;
  • Process payments and provide refunds and discounts;
  • Enable our third party service providers to provide us with IT products and services, carry out product investigations, data processing, data analysis, business consulting, auditing, archiving, printing, delivery and mailing services;
  • Provide more relevant marketing offers through direct marketing, database compilation, market research, data analysis and segmentation, and the processing or creation of other marketing information;
  • Combine or compile with publicly available information for the processing or creation of marketing offers and information;
  • Personalising our customers shopping experience, including, where appropriate, identifying individuals;
  • Communicating with our customers, including product recalls and responding to queries and complaints;
  • Fraud prevention, including services regarding the protection of our customers’ information, eg. credit card information;
  • Develop and expand our operations to better suit our customers’ needs;
  • Maintaining and keeping our customers information current and as accurate as possible;

Disclosure

We do not disclose personal information to third parties unless we are permitted to do so by law or you have given us your consent to do so. Third parties we may disclose personal information to include:

  • Our related companies
  • Our service providers including IT service providers, major delivery companies, advertising and marketing service providers, out-sourced call centers, mail houses and third party fulfillment contractors; and
  • Our professional advisors including our accountants, auditors and lawyers;
  • Payment system operators and financial institutions; and
  • Government agencies.

Some of our service providers provide services to us entirely or partly from overseas locations and we may in order to receive those services occasionally transfer personal information overseas, predominantly to the United States of America, Europe and the Asia Pacific Region, including where:

  • we use service providers, cloud computing solutions or data storage located overseas;
  • we, or our related bodies corporate, have offices overseas;
  • we need to comply with foreign legal or regulatory requirements; or
  • an international payment has been made.

Data security

We take active steps to protect the personal information we hold against loss, unauthorised access or use, modification or disclosure, and against other misuse. This includes any information that we disclose overseas.

Online

Ordering products from Havana Online (i.e. our website and apps) is designed to be as simple as possible, while still providing security and privacy for all your details. You can pay for goods using a credit card or PayPal and we only store credit card information where absolutely necessary to process your payment securely. Credit card data is held in encrypted form and complies to the highest security standards prescribed for data of this kind.

Cookies

When you interact with us on the internet, our system automatically sends you a ‘cookie’. A cookie is a small amount of information sent from a web server to your computer, electronic tablet or smart phone that enables your device to be recognised. It is used to handle your internet sessions on that device and contains a unique identifier.

Other information stored by the cookie includes website traffic data. This data is not used to identify individual details. We only collate the data into anonymous results in order to evaluate and improve our internet and shopping service for our customers.

Email and SMS Subscription Lists

If you elect to register an account with Havana, and use this account to make purchases from the Havana website and mobile apps, some of your personal information (being your email address and/ or contact phone number) will be provided to Havana's delivery carrier. This information is used by the carrier to send you updates on the status of your deliveries.

We currently have an electronic Direct Marketing (eDM) email list which provides marketing offers to subscribers. If you elect to subscribe to our eDM, these services will be provided to you to communicate product information, special events and offers. We also use search engine and social media sites to make marketing offers which may be of interest to you. Our marketing subscription list is an ‘opt in’ system.  We also send SMS to customers who have subscribed to receive SMS messages from us. Our SMS subscription list is an ‘opt in’ system. You may unsubscribe easily by clicking on the unsubscribe link that appears in all of our SMS communications to you

Your Privacy choices

You can access the personal information that we hold about you and you can ask us to correct the personal information we hold about you.

If you are listed on one or more of our Direct Marketing email lists you can opt out at any time. You can unsubscribe by using the ‘unsubscribe’ options contained in our emails.

If you are signed into your Google account when you use Havana Online , then Google may also combine data from your Google account with data about your use of Havana Online, in order to help identify you to be shown relevant Havana advertising online, across your devices. This is done using a Google service called Remarketing with Google Analytics, which links Google Analytics cookies (set by Havana) with Google advertising cookies (set by Google). Google Analytics is a tool that helps website owners measure how users interact with website content. For more information and to opt out:

Use of this website

You may only use this website for lawful purposes and will not use it in a way that violates the rights of any third party.

You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose.

Unless you have prior consent you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website.

If you're a corporate customer and would like to use any content, photography or logos contained within this site for corporate purposes please contact Havana for permission.

Copyright, trade marks and ownership of rights

The copyright, trade marks and other intellectual property rights contained within this site are owned by or licensed to Havana  / My Loot Australia Pty Ltd and unless authorised, the use or misuse of them is forbidden.

Spam

Under no circumstance will we deliberately send you an electronic message without your consent.

Online shopping

When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products. If you're unhappy with your purchase, please review our Return Policy.

Orders

We reserve the right to accept or reject an order for any reason due to unavailability of product; an error in the price, image or the product description or error in your order. We reserve the right to contact you for verification purposes before we allow your order to be dispatched.

Product availability

We will use our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. In some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such cases, we will refund in full all amounts you have in respect of such unavailable product. 

Variation of products and price

Havana may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. 

Delivery

A quoted standard flat rate fee per delivery and re-delivery will apply. The delivery fee is is non-refundable unless the goods fail to comply with the consumer guarantee provisions of the Australian Consumer Law.

Please note that all parcels will require a signature upon delivery. If there's no authorised person at the delivery address to sign for the parcel, then the delivery driver will leave a card and the parcel will be returned to the nearest office/depot for you to collect. Please note that our carrier companies Delivery Policies or zone restrictions may apply to selected areas. Where street delivery is not always possible, you will receive notification or a calling card will be left.

We will make every attempt to deliver goods within the estimated time-frame however please beware that delays may occur due to unforeseen circumstances or factors that are beyond our control. 

Returns

Please refer to our Returns Policy

Payment

You must pay for your products purchased on this website at the time of placing an order.

We accept PayPal all major credit cards as listed on check-out page.

Where you have saved your card details with us: We will store your card details for use as a payment method for future purchases you make. We will notify you of any changes to how we store you card details.

We will always act to protect the details of your payment and purchase however in the absence of negligence, Havana will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.

Our servers will help secure your personal information with up-to-date firewalls and encryption techniques during the ordering and purchase process. A padlock or key will also be visible in the bottom of your web browser.

Damaged products

Please refer to our Return policy

Cancelling an order

You can cancel your online order provided that it has not started to be processed. Please contact us as soon as possible.

We will attempt to cancel your order without delay however occasionally it may not be possible to stop an order from being dispatched if it has already been processed.

If your order has been dispatched please refer to our Return Policy.

Password and account security

It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session.

If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.

Havana will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

Website changes

We may change or update this website and the terms and conditions at any time. Your use of this website will constitute your deemed acceptance of such changes.

Website unavailability

We will not accept responsibility if this site is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.

Correction of errors

Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we have the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.

If you believe that there is a typographical error, inaccuracy or oversight on this website please contact us.

Termination

If you breach these terms and conditions, we reserve the right to immediately suspend, terminate or limit your access to this site. 

Disclaimer/Limitation of Liability

Your use of this website is at your own discretion. Havana (i) makes no warranties or representations about this website or any of the content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this website or content and; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors.

We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website or the content contained within it. Where liability cannot be excluded, any liability incurred by Havana in relation to the use of this website or the content, is limited as provided under the Australian Consumer Law.

We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external site. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

Governing law

Havana operates this website from its offices in Australia. The laws of the State of Victoria govern these Terms and Conditions.