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Terms and Conditions


1. General

The Site is a shopping website where you can browse, select and purchase Products from Feathers Boutique ABN: 54 005 000 019

Your access to and use of the Site, including your order of products through the Site, is subject to these terms and conditions. You agree to bound by, and comply with, these terms and conditions by browsing the Site.

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and:

  • We make no representations or warranties, or have any responsibility or liability for those websites; and
  • These links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

This agreement is governed by the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

2. Accounts

If you register an account with us, you may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.

If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years or older to purchase Products through the Site. Feathers Boutique reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

3. Prohibitions

You must not:

  • Use the Site for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes;
  • Use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
  • Make fraudulent or speculative enquiries, purchases or requests through the Site;
  • Use another person's details without their permission or impersonate another person when using the Site;
  • Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  • Tamper with or hinder the operation of the Site;
  • Knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Site;
  • Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
  • Modify, adapt, translate or reverse engineer any portion of the Site;
  • Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  • Reformat or frame any portion of the web pages that are part of the Site;
  • Create accounts by automated means or under false or fraudulent pretences;
  • Use the Site to violate the security of any computer or other network or engage in illegal conduct;
  • You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
  • Use the Site other than in accordance with these terms and conditions; or
  • Attempt any of the above acts or engage or permit another person to do any of the above acts.

4. Termination

We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

  • The breach cannot be remedied; or
    • You fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • If there is an emergency or we need to perform some maintenance on our site.
  • You may stop using the Site at any time and for any reason.

From time to time, business strategies change. As such, we may in the future, stop making the Site (or any part of it) available. This will not impact any current orders that have been accepted by us.

5. Orders

5.1 Rejection of Orders

In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Site.

If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

In the interests of all our customers, we may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.

5.2 Cancellation of Orders

We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

5.2.1 The Products in that order are not available; or

5.2.2 There is an error in the price or the product description posted on the Site for the Product in that order; or

5.2.3 Your order has been placed in breach of these terms and conditions.

If we cancel any part of an order in accordance with:

  • Clause 5.2.1 and 5.2.2: then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method or through an alternative means.
  • Clause 5.2.3: we will endeavour to provide you with reasonable notice of that cancellation, and will only charge you the:
    • Administration fee; and
    • Provided we are not in breach of these terms and conditions, a cancellation fee made may be deducted.

If any payment has been taken, then the full payment amount less these above amounts will be refunded to your original payment method or through an alternative means.

You may cancel an order (whether it is accepted by us or not) by contacting our Contact Centre on 03 9519 6777 during Contact Hours at any time prior to the dispatch of that order.

On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with our Returns Policy.

6. Delivery

We will only deliver products ordered through the site to a location where we provide delivery services.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia Post and subject to any delays resulting from postal delays for which we will not be responsible.

To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable 'merchandise'. We are also prohibited by law from marking the order as a 'gift', even if order is placed with the intention of sending to a gift recipient.

7. Fees & Charges

We will charge you, and you agree to pay the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order and any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. Please note that International orders are exempt from Australian GST (10%). However they may incur taxes and duties applied by customs in the country where the order is delivered. Any duties and taxes incurred in the country of destination are the responsibility of the customer. If you require further information about your country's taxes and duties you will need to contact your local customs office directly.

The purchase price of each product is shown on the product list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any of our stores for the same product and we are not obliged to match any prices.

Just like in our stores, prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the site for the product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.

If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Return Policy.

8. Payment methods

You may pay the fees and charges for any accepted order with any of the following payment methods:

  • Visa
  • MasterCard
  • American Express
  • Debit cards displaying a Visa or MasterCard logo
  • PayPal
  • PayPal Invoice via Email
  • CBA BPOINT over the phone Credit Card payment - VISA, Mastercard, AMEX

If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card or PayPal payment) for your order that is accepted by us, then we may cancel your order.

If you choose to pay by credit card, you authorize us to debit the amount that is payable from your nominated credit card for an accepted order.

You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.

9. Liability

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

We exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.

We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying:

(a) the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (the ACL); or
(b) the exercise of a right conferred by such a provision; or
(c) any liability of Feathers Boutique in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

10. Changes to these terms and conditions

For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process. We will not change any terms and conditions for an existing order that has been accepted by us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.

 

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