Terms and Conditions
Welcome to www.herfashionbox.com. The following “Terms and Conditions” form a legally binding agreement between You and Us. You acknowledge and agree that these Terms and Conditions apply to Your access to, and use of, this Site (including the purchase of goods using this Site) and the Service. In accessing or using this Site and the Service, You acknowledge that You have read and understood, and agree to be bound by, these Terms and Conditions. If You do not accept these Terms and Conditions, then You must refrain from accessing and using this Site and the Service and from purchasing any goods using the Site.
1. GENERAL TERMS AND CONDITIONS
1.2 Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
The Site, the Service and the provision or sale of goods are intended for personal use only and may not be sold, redistributed or used for any commercial purpose.
You must not:
(a) attempt to gain unauthorised access to any part of the Site or the Service;
(b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Service;
(c) disable any protection software associated with the Site or the Service;
(d) send or store any Harmful Code;
(e) use any feature of the Site or the Service or any other means to send unsolicited commercial correspondence to Site Users, whether individually or as a group;
(f) solicit any business from any other Site User or buy or sell (or attempt to buy or sell) products and/or services through the Site or the Service.
To the maximum extent permitted by law, We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Site User’s misuse of any User Content Posted by You on the Site.
You must not Post any User Content that:
(a) may infringe the rights of any other person, including without limitation Intellectual Property rights;
(b) may defame another person;
(c) may disclose a person’s confidential information;
(d) is not accurate, complete or current or may otherwise mislead or deceive other persons;
(e) may contravene Your privacy obligations or any other person’s privacy obligations;
(f) is illegal or may constitute or encourage any contravention of any Applicable Laws by any person;
(g) is threatening, offensive or abusive or is intended or likely to threaten, offend or abuse another Site User;
(h) is otherwise, in Our view, inappropriate.
You acknowledge and agree that, upon Posting, all User Content is Our property. To the extent that any Intellectual Property in and to the User Content belongs to You, You unconditionally and irrevocably:
(a) assign to Us all of Your Intellectual Property in and to such User Content; and
(b) consent to use of the User Content by Us in whatever manner We see fit (including, without limitation, where such use would otherwise, in the absence of such consent, infringe any moral or authors rights under any laws), without compensation to You.
To the extent the Intellectual Property in and to any User Content cannot be assigned by law, You hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to Us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content anywhere, for any purpose and in any form, without any compensation to You.
You acknowledge and agree that You are solely responsible for any User Content Posted by You.
You represent, warrant and undertake to Us that:
(a) all User Content Posted by You does not contravene any Applicable Laws;
(b) all User Content Posted by You does not infringe the Intellectual Property rights of any person;
(c) all User Content Posted by You will be free of Harmful Code; and
(d) all User Content Posted by You will otherwise comply with these Terms and Conditions.
We do not undertake to monitor, moderate or otherwise review User Content and in the event that We do monitor, moderate or otherwise review User Content, We give no warranty or undertaking that such actions will be complete or will be performed with due care and skill or on a regular or ongoing basis.
Whilst We make all reasonable efforts to ensure the accuracy of the Materials, We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information or materials on the Site, including without limitation User Content and the Materials. You are responsible for Your use of any information or materials obtained from the Site. You should make Your own enquiries to check if the information or materials on the Site are accurate, complete and suitable for Your intended use.
The Site may contain information or materials that include the views or recommendations of others that are not necessarily Our views. In particular We do not endorse the views Posted by any Registered User. All User Content expresses the views of the relevant author and does not necessarily reflect Our views or indicate Our support of, or commitment to, any matter, including a particular course of action. Moreover all User Content does not constitute advice by Us or a recommendation by Us as to a particular matter or course of action.
The Site may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product or service.
You must be at least 18 years of age to purchase any goods and/or services via the Site.
You hereby acknowledge and agree that Your subscription for periodical delivery of goods placed by You via the Site represents an offer by You to purchase such goods and/or services at the price specified on the Site (which for gift subscriptions comprises the total subscription price for the duration of the subscription, and for quarterly subscriptions includes the initial subscription price and the quarterly charge) at the time of placing Your order and on the terms set out in these Terms and Conditions.
We reserve the right to accept or reject any order placed by You in whole or in part for any reason, including without limitation the unavailability of products.
Your contract with Us for the purchase of any goods and/or services via the Site is formed when We advise that Your order has been accepted and receipt of Your payment of the initial subscription price is confirmed by Us. You cannot cancel an order after acceptance by Us (including as a result of any delay in delivery) except as provided in these Terms and Conditions or otherwise with Our written agreement, which can be withheld in exercise of Our sole discretion.
By placing an order via the Site, You represent and warrant that You do not intend to resell the goods ordered. If You intend to resell the goods ordered, You are not permitted to place an order via the Site. We may reject any such order placed by You at any time, despite any initial acceptance of Your order, where We reasonably consider that You are purchasing Our goods for resale purposes.
You are responsible for providing accurate order details, including Your contact information, delivery address and Visa or MasterCard details at the time of ordering.
All prices shown on the Site are in Australian dollars and are inclusive of GST. Unless stated otherwise on the Site, the price for goods will include packaging and shipping to you.
We will charge You, and You agree to pay, the initial subscription price at the time of placing Your order (which for gift subscriptions comprises the total subscription price for the duration of the subscription, and for quarter subscriptions, comprises the initial subscription price). Prices for Our goods and services are subject to change from time to time.
If We are unable to successfully process payment of Your order, We may reject or cancel Your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.
Your payment to Us of the initial subscription price will be processed on the same day that You place an order via the Site. By placing an order via the Site for a quarterly subscription, You authorise Us to charge the quarterly charge to your nominated Visa or MasterCard or apply such other payment method accepted by Us:
(a) where Your initial subscription is made on any day prior to the 20th of the quarter (inclusive), on the 20th day of the same quarter and on the 20th day of each quarter thereafter;
It is Your responsibility to notify us if Your Visa or MasterCard details expire or change. If We are unable to successfully process payment of any quarterly charge, We may cancel Your order and your subscription.
We may offer promotional discounts from time to time. You must agree to the terms of the promotion in order to receive the discount.
We ship internationally at a flat rate of AUD$20. We unfortunately do not cover any additional customs or duty taxes once the box enters your country of residence.
We estimate that all deliveries of goods will be dispatched on the first day of each season/quarter. Whilst We will use Our reasonable endeavours to effect delivery by the estimated delivery date, all dates are estimates only. We do not provide any guarantee that delivery will be effected by any estimated delivery date, and We will not be held accountable or liable for any delays in delivery.
It is Your responsibility to advise Us if an order does not arrive. Once We are made aware of the non-delivery of an order, We will make enquiries of Our delivery provider to ascertain the cause of the delay.
We accept no responsibility for goods lost in transit or goods lost, stolen or damaged after delivery. Any decision to replace goods ordered in such circumstances will be made by Us, on a case by case basis, in exercise of Our sole discretion.
We cannot be held responsible for incorrect delivery details provided by You. We reserve the right to charge You an administration fee and additional delivery charges for redelivery of Your order where it is returned to Us for this reason.
We offer gift subscriptions for the supply of goods based on periods of a single month and 3, 6 and 12 months. 3, 6 and 12 month subscriptions for the monthly supply of goods cannot be cancelled during the term of the subscription. We will continue to supply you with goods on a quarterly basis until the expiry of Your gift subscription. Gift subscriptions cannot be refunded.
You may cancel subscriptions for the quarterly supply of goods (and the processing of Your quarterly charge on the 20th day of each month) by giving Us notice of your intention to cancel in writing on or before the 20th of any quarterly charge.
All cancellations must be directed to [email protected] Approved cancellations will be confirmed via reply email within 72 hours and will be effective for the payment due to be processed on the next occurring 20th day of any quarter and the goods due to be delivered to You in the following quarter.
All products are checked for quality before dispatch and while We try our best to ensure that the goods are delivered to you in good condition, the goods may be damaged in the delivery process. Where You receive a faulty or damaged item from Us, You can return the damaged item and We will re-send the item and pay for the return and additional postage charges. In the case where We do not have any stock of that item, We will offer You a substitute item of equal or greater value. If You intend to seek a replacement of any item, you must email Us on or [email protected] to obtain prior approval. Please include your contact details and the reason for the return.
We will not accept returns of items that are not faulty or damaged. We will not provide a refund for any returned items supplied by Us unless required by law or in the exercise of our sole discretion.
Any items returned must be accompanied by their original packaging and any relevant original documentation specified by Us and except in the case of faulty items, must remain unused and in original condition.
When you sign up as a registered User or when you order goods via the Site We may add You to Our database. From time to time We may contact You about offers and new products. You can easily opt out of any further marketing communications by unsubscribing via a link which will be provided on all correspondence that We send to You or by putting a request in writing to Us.
To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:
(a) the goods;
(b) Your access to, or use of, the Service, this Site, any User Content or any linked site;
(c) any change in content of the Site;
(d) any decision or action taken by You in reliance on any information or materials on the Site; or
(e) the availability of the Site and the Service or any error or defect in the Site or the Service.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law (a non-excludable provision)).
Subject to the non-excludable provisions of the Australian Consumer Law, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in this Agreement is hereby excluded.
Where the Australian Consumer Law or any other legislation implies in these Terms and Conditions any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, to the maximum extent permitted by law, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following:
(a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and
(b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.
You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
We accept no liability for any delay or failure to perform Our obligations under these Terms and Conditions if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify, and keep indemnified, Us and Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with:
(a) any User Content Posted by You;
(b) any decision or action taken by You in reliance on any information or materials on the Site and any linked site;
(c) any breach of these Terms and Conditions by You;
(d) any wilful misconduct by You;
(e) any negligent act or omission by You.
All copyright in the Materials (including, without limitation, text, graphics, logos, and icons) is owned by Us or third party licensors and/or their successors and assigns. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, You may not, in any form or by any means:
(a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
(b) commercialise the whole or any part of the Materials without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks used on the Site are Our trade marks (registered or unregistered) or trade marks of third parties. If You use any trade marks owned by Us, in reference to Us, the Site or the Service, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks or trade marks of third parties featured on the Site:
(a) in, or as the whole or part of, Your own trade marks;
(b) in connection with any business, products or services which are not Ours;
(c) in a manner which may be confusing, misleading or deceptive to any person; or
(d) in a manner that disparages Us, the third party owners of the trade marks or the Site.
1.27 Linking to the Site
You may only insert a link to the Site if we provide Our prior written consent, which consent may be given in Our sole discretion and subject to such conditions as We require.
We may suspend Your access to the Site, or terminate this Agreement and Your access to the Site (and any orders for goods and/or services placed by You with Us by virtue of Your use of this Site) for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these Terms and Conditions. We may, at Our discretion, terminate this Agreement and Your access to all or part of the Site without the need to provide reasons.
Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement (including, without limitation, clauses 1.11, 1.12, 1.13, 1.21, 1.22, 1.24, 1.25, 1.26, 1.27, 1.28 and 1.29.
Any waiver or relaxation, in whole or part, of any rights available to Us under these Terms and Conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms and Conditions, in which case, the remainder of these Terms and Conditions shall nevertheless continue in full force.
Nothing in this Agreement shall be deemed to give rise to a relationship of agency or partnership or otherwise impose a duty of care upon Us in respect of Your use of the Site.
The laws governing this Agreement will be the laws in the State of New South Wales; Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
In these Terms and Conditions, unless the context otherwise requires:
Agreement means the Agreement between You and Us comprising these terms and conditions.
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service and the Posting of any User Content on the Site and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.
Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Intellectual Property means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Loss means loss or damage of any kind (including liability to a third party).
Materials means any content made available by Us via the Site (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).
Post means to make available information and/or other materials on the Site.
Registered User means a Site User registered with the Service.
Service means the provision of discussion forums and other benefits for the use of Site Users, and in some cases, Registered Users, through the Site.
Site means the website operated by Us at www.herfashionbox.com and includes the functionality on the Site, for example, the ability to purchase goods.
Site User means any person who has access to, or uses, the Site.
User Content means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to Us, or Posted on the Site, by a Site User.
We, Us, Our means Her Fashion Box Pty Ltd (ACN 161 372 756) and all related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)) of Her Fashion Box Pty Ltd (if any).
You, Yourself, Your means any person, business, company or organisation who is a Site User.