Sales Terms and Conditions
Welcome to dressedup.com.au, a website owned and operated by Dressed Up Pty Ltd ABN 72 129 978 445 (“Dressedup”).
Acknowledgment & Acceptance
By using the website https://www.dressedup.com.au (“Website”), you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and Australia Fashion & Media Pty Ltd, ABN 99 601 124 225t/as DRESSEDUP (“DRESSEDUP”, “we”, “us” and “our”) and its successors and assignees.
Your purchase from the Website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms and Conditions, please do not use our Website.
Items mean all Items (including any fashion accessories e.g. dresses) supplied on hire by Dressedup to you (and where the context so permits shall include any incidental supply of services). The Item shall be as described on any invoices or other documentation provided by us to you.
Use of this Website
You must only use this Website for lawful purposes and agree not to use it in a way that violates our rights or 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 that you may only download, print or use content for this purpose. You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this Website without our prior express written consent.
When placing information on 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 to the delivered product depending on your monitor and computer equipment. We cannot guarantee that the product images on our Website are an exact representation of the actual products you receive. If you’re unhappy with your delivered product, please review our Returns Policy.
First Time Orders
First time customers will require verification of their identification. Due to an increasing amount of credit card fraud, complete this verification as a safe guard for both you and us. To enable us to complete your Purchase, we may require that you supply us with the following information:
- a copy of your photographic driver’s licence verifying your identity and billing address, and;
• if the billing address differs from the address specified on your licence, proof of address will be required in the form of a bank statement or other relevant documentation.
We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details. We also reserve the right to terminate your DRESSEDUP account for any reason, or request photo ID (or any other such documentation we deem appropriate) from you for verification purposes before we allow your order to be processed. A binding agreement will form between us once we confirm that we have accepted your order.
All orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your order. In some cases, immediate notification is not possible, and we may need to reject an order where later establish that it is unavailable for delivery. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order.
If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.
Variation of Products & Price
You agree to pay the purchase price for the products as specified on the Website from time to time plus any applicable delivery charges. We 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.
If and when applicable, GST payable on our goods and services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
All prices are quoted in, and orders are calculated, in Australian Dollars ($AUD). You must pay for your products purchased on this Website at the time of placing an order.
We only accept payment by MasterCard, American Express, and Visa We reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
We will always act to protect the details of your payment and purchase however in the absence of gross negligence, we 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.
Title in the products will not pass to you until the later of delivery or until your payment has been processed or otherwise received by us. If your payment is declined or reversed for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Receipt by Dressedup of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.. . It is further agreed that until ownership of the Goods passes to you in accordance with the Hire terms and conditions that:
(1) You are only a bailee of the Items and must return the Items to us on request.
(2) You hold the benefit of the User’s insurance of the Items on trust for Dressedup and must pay to Dressedup the proceeds of any insurance in the event of the Items being lost, damaged or destroyed.
(3) You must not sell, dispose, or otherwise part with possession of the Items. If you sell, dispose or part with possession of the Apparel then you must hold the proceeds of any such act on trust for Dressedup and must pay or deliver the proceeds to Dressedup on demand.
(4) You irrevocably authorise us to enter any premises where we believe the Items are kept and recover possession of the Items.
(5) We may commence proceedings to recover the Price of the Items sold notwithstanding that ownership of the Items has not passed to the User.
Please refer to our Shipping Policy (https://www.dressedup.com.au/shipping/)
Cancelling an Order
Once your order has been placed you cannot cancel the order. At your request, we are unable to cancel an order or stop an order from being dispatched. If you have incorrectly placed an order, please refer to our Returns Policy.
Copyright, Trade Marks & Ownership of Rights
The copyright, trademarks and other intellectual property rights contained within this Website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden. Intellectual Property includes but is not limited to:
- all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
- all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
- all work product developed in whole or in part by us.
Limitation of Liability
To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to our products and services, this Website and this agreement, including but not limited to:
- implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms or which cannot be excluded by law;
- the quality or fitness for purpose of our goods and services;
- the Website or the products being unavailable; and
- any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Website, inability to access or use the Website, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.
To the maximum extent permitted under law, where our liability cannot be excluded, our total liability arising out of or in connection with the products, the services or the Terms and this Website and its content, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
You must inspect the Items on delivery and must within seven (24) hours of delivery notify us in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. You must notify any other alleged defect in the Items as soon as reasonably possible after any such defect becomes evident. Upon such notification you must allow Dressedup to inspect the Items.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
We make no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Item. Dressedup’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If we are required to replace the Item under this clause or the CCA, but is unable to do so, we may refund any money you have paid for the Item.
Returns will only be accepted provided that:
(1) You have complied with the provisions of the Ownership clause; and
(2) We have agreed that the Items are defective; and
(3) the Items are returned within a reasonable time at your cost (if that cost is not significant); and
(4) the Items are returned in as close a condition to that in which they were delivered as is possible.
Notwithstanding Ownership clauses but subject to the CCA, we shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(1) the user failing to properly maintain or store any Item;
(2) the user continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;
(3) fair wear and tear, any accident, or act of God.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
The information contained on this Website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information. Promotional codes can only be used once per customer. We reserve the right to cancel any order in which it appears that multiple accounts have been set up for the same customer.
Damage to Computers or other Devices
We take reasonable steps to ensure that our Website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this Website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this Website or any Website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this Website safely. You must not misuse this Website by introducing technologically harmful material, including but not limited to, malware, viruses and trojans or by attempting or actually breaching the Website’s security mechanisms.
Third Party Websites
This Website may contain links to third party Websites. We are not responsible for the condition or content of those Websites as they are not under our control. You access those Websites and/or use the Website’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the Websites or the products or services provided on the Website. 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 Website. Any concerns regarding an external link, should be directed to its responsible Website administrator or webmaster.
Under no circumstance will we deliberately send you an electronic message without your consent. If you receive an unsolicited email from us, please let us know.
Promotions & Offers
Please note that unless specifically mentioned, no promotions or offers may be used in conjunction with any other promotion or offer and cannot be used to purchase Gift Cards. We reserve the right to cancel and refund any order placed online where a customer has used one or more promotion or offer to place an order. We may run competitions and promotions throughout the year. Competitions and promotions may have their own separate terms and conditions which will apply in addition to these Terms. Please carefully read those terms and conditions before entering or participating in a competition or promotion. If a competition or a promotion does not have its own specific terms, these general Terms will apply.
Password & 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. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.
These Terms may be amended from time to time with notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you. Your use of this Website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the Website.
We will not accept responsibility if this Website is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.
Gift cards cannot be purchased with promotional codes. Gift cards cannot be refunded or returned, unless required by law. They will also not be exchanged for another denomination or tender such as cash. Please note that we are not responsible for and are unable to replace gift cards which are lost or stolen.
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 reserve 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 oversights on this Website please contact us by email at firstname.lastname@example.org
We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this Website. A notice as outlined above will be sent to you.
You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
The laws of New South Wales govern these Terms. We make no representations that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
If you have any comments or concerns, we welcome your feedback and suggestions. Please address feedback by email to email@example.com
Copyright © Dressedup 2020. All rights reserved.
Last updated: 1 April 2020