TERMS & CONDITIONS
REGISTRATION AND USER REQUIREMENTS
By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
ACCESS AND USE OF THE WEBSITE
You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
(c) interfere (or attempt to interfere) with security-related or other features of our site; or
(d) use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities.
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
INFORMATION ON THIS WEBSITE
Due to photographic and screen limitations associated with the representation of goods, some goods may differ to a small degree in visual appearance (for example in colour) from the way they appear on the Website.
You are responsible for all orders placed on your account, including for any discrepancies or errors in any order.
The promotion of goods on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement.
In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
PRICE AND PAYMENT
The prices of goods, delivery and other charges shown are in Australian dollars.
All orders placed within Australia including orders for delivery outside of Australia are subject to the Australian Goods and Services Tax (GST). All orders placed outside Australia for delivery within Australia are also subject to GST. Any international order placed and paid for from, and for delivery to, an overseas location are GST free.
All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
Our store is hosted on Shopify Inc. (Shopify). They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service http://www.shopify.com/legal/terms
SUPPLY AND DELIVERY OF GOODS
Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met. We cannot be liable for any late or non-delivery of the goods if you provide an incorrect or invalid delivery address.
Standard delivery within Australia will be free of charge where the total weight of the items is less than 500 grams. Where the total weight of items is more than 500 grams, shipping cost will be calculated by Australia Post, depending on the delivery location. Where possible, goods will be shipped via Australia Post on the same day that an order is received. Orders placed on weekends or holidays will be shipped the next working day (in Sydney NSW).
All products are sold on a Delivery Duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on receipt. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing any orders for international shipping. Please note that many countries have specific import restrictions on certain products or materials and it is the responsibility of customers to check local customs regulations before placing an order for shipping outside Australia.
GOODS OUT OF STOCK
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or credit (at your election) in the event we cannot fulfil your order.
PROCESS FOR RETURNS AND REFUNDS
We will accept returns and exchanges provided that the item in question is:
(a) returned within 14 days of order;
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way.
To return goods to us you must complete the Returns & Exchanges section of your invoice and send it back to us with your item. Upon receipt, we will either exchange the product or process a refund. You are responsible for payment of return postage on your order and a refund or credit will only be provided for the actual price of the goods; (ie less our shipping costs). Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, and swimwear due to hygienic reasons. Remedies for defective goods are still available.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law.
If you are returning a faulty or defective item, we will inspect your goods and investigate any reported defect.
If we do not believe a refund or credit is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
Where we believe a refund on the basis of a defective good is in order, refunds of the purchase price and shipping costs will be issued using the payment method used for purchase. Credits will be issued to the account used to purchase the goods.
We aim to process refunds and replacements within 14 days of receipt by us of the returned item product, however, depending on your item and the number of returns in our system, this may take longer.
DISCLAIMER AND LIABILITY
To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website or our social media pages;
(b) you acting or not acting, on any information contained on or referred to on the Website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
Except as required by law, in no event shall we, our related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with the Website or this Agreement (however arising).
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
TRANSFER AND ASSIGNMENT
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
The Terms and Conditions will be construed in accordance with the laws of the New South Wales, Australia, other than conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.