Terms and Conditions
These Terms and Conditions constitute a legally binding contract between the customer (“you” and “your”) and Shade of the Vine Pty Ltd ACN 634 336 146 (“Vine Apparel” “us”, “we, and “our”) and apply to the ordering, purchase, and delivery of Items (“Items”) from www.vineapparel.com (“Site”). By placing an order via our Site you agree to be bound by these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order.
1. We May Make Changes To These Terms
We reserve the right to amend these Terms and Conditions at any time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
These terms were most recently updated on November 11, 2024.
The Terms and Conditions that were displayed on our Site at the time you placed your order will apply to your order.
2. Eligibility To Use Our Site
Our Site is directed to users who are 18 years of age or older and are residing in and using this Site within Australia and New Zealand. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia or New Zealand, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
3. Account
If you create an account with us via our Site prior to placing an order, please ensure you enter all the information carefully. You warrant all the information you provide to us is true and accurate and you warrant you have not provided false information or have impersonated someone else.
You must not set up an account for someone else.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at privacy@vineapparel.com.
Except to the extent otherwise required by law, we will not liable to you, or any other person, for any loss or damage as a direct or indirect result of:
- your account information being incomplete or inaccurate; or
- any unauthorised use of your password or account.
4. Orders
An order submitted via your account (or via guest user option) on the Site is an offer to purchase the Items for the advertised purchase price, plus any delivery charges. We may accept or reject your offer in our absolute discretion. Without limitation, we may reject orders for commercial quantities of Items. If you wish to order commercial quantities of Items please contact stock@vineapparel.com.
You warrant all the information provided by you in relation to each order is complete, true, and correct. You warrant you have checked the order before submitting for payment (including the quantity of Items ordered). We do not accept responsibility for any incorrect orders, including but not limited to the exchange of Items.
If you place an order for someone else to receive the Items, you must first obtain their consent before providing us with their personal information, and when you place the order, you confirm you have done this.
5. Availability Of Items
We cannot guarantee the availability of certain Items at all times, and we reserve the right to suspend or withdraw the sale of any Items advertised on our Site, either temporarily or permanently without notice to you. Except to the extent permitted by law, we will not be liable to your or any other person for any loss or damage suffered as a direct or indirect result of unavailability of our Items.
6. Product Description
We cannot guarantee the colour our Items will be exactly as they appear to you on our Site as the colour appearance may vary slightly depending on the device you use. We will use our best endeavours to ensure the details and description of the Items advertised on our Site are accurate and up to date.
7. Pricing And Payment
We reserve the right to change our advertised pricing of Items on our Site at any time without notice to you.
By placing an order on our Site you agree to pay us:
- the advertised price for the Items;
- any delivery charges;
- any merchant fees for processing the payment of the Items; and
- GST, which is included in the advertised price and delivery charges.
Items that you have ordered will not be dispatched until your payment has been processed by us.
8. Cancellation Of Orders
We reserve the right to cancel your order any time before the anticipated delivery date, and for any reason, including but not limited to:
- if we are unable to process payment from your nominated payment method;
- our suppliers are unable to supply the Items they previously promised to supply or we are out of stock;
- an event beyond our control including but not limited to a pandemic, epidemic, war, act of God, storm, fire, flood, issues with our delivery partners, failure of our IT systems, earthquake, or terrorist event; or
- we agree with you to cancel an order at your request.
If we cancel your order, we will notify you via email as soon as reasonably practical.
Except otherwise permitted by law, we will not be liable to you or any other person for any loss or damage suffered directly or indirectly from the cancellation of your order.
9. Shipping
Where you place separate orders the Items the orders will be delivered separately, and a separate delivery charge will apply to each order. Where you purchase more than one item of Items in the same order, we will aim to dispatch those items together, where practical.
We will ship your Items in accordance with our Shipping Policy, which forms part of these Terms and Conditions.
NOTE: During SALE PERIODS there could be extended delays in processing and dispatching your order. Although we work incredibly hard to get your order processed, standard shipping times can be extended to up to 7 business days during SALE PERIOD. This is reflected in our Shipping Policy.
10. Delivery
Title to the Items will pass to you on the date you pay for the order in accordance with these Terms and Conditions and we have accepted that order. Risk in the Items passes on delivery of the Items to the delivery address provided in your Order. If you authorise delivery without a signature, you accept the safety of your order once it has been delivered.
If you are unavailable to accept delivery of your Items, they may be taken to a local depot or post office, and a calling card with the relevant contact details will be left at the delivery address. If you do not collect your Items within the timeframe stated on the calling card, and your Items are returned to us (or returned to us for any other reason, including but not limited to an incorrect delivery address), then you will need to pay the delivery charges again to have the Items resent.
Items will only be delivered to locations as per our Shipping Policy.
We aim to dispatch your Items within 3 to 5 business days of your order being processed, but in some cases this may take longer. The estimated delivery times for receipt of your Items is contained in our Shipping Policy. You acknowledge the timeframes in the Shipping Policy are estimates only and we cannot guarantee delivery or availability of Items within those specified timeframes, as there may be events outside our control that impact the delivery timeframes.
Following dispatch of your Items, we will email you shipping confirmation.
11. Gift Cards
These terms and conditions govern your purchase and use of VINE APPAREL gift cards and eGift cards (together, gift cards). By purchasing or using a gift card, you indicate you have read, understood and accept these terms and conditions.
If you have any questions about these terms and conditions, please contact us here or at (02) 9984 1824.
Full terms and conditions can be accessed by clicking on each of the headings below.
1. Purchasing a gift card
a. Gift cards can be purchase:
2. Validity and redemption
By purchasing or using a gift card, you submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
12. Refunds And Returns
If the Items you have purchased are damaged or faulty you must contact us as soon as possible when you become aware the Items are damaged or faulty. You must then return the damaged or faulty Items to us in accordance with our Returns Policy, which forms part of these Terms and Conditions.
Items that are not damaged or faulty may only be refunded or replaced in accordance with our Returns Policy.
Except otherwise permitted by law, we will not be responsible for any loss or damage you or a third party may suffer as a direct or indirect result of:
- any delays in receiving the refund;
- differences in exchange rates between the time of purchase and the time of refund.
Refunds will be made in Australian dollars only.
13. Testimonials
Testimonials published on our Site do not represent our typical customer experience and they are not intended to represent or guarantee that you will have a similar experience with any Items you purchase from us.
14. Privacy Policy
When you place an order on our Site you consent to us collecting, using, handling, storing, and disclosing of your personal information in accordance with our Privacy Policy.
15. User Generated Content
You acknowledge and agree to automatically assign all intellectual property rights in any photos you submit to us directly, via our website with your online reviews or to us via social media platforms we use. You acknowledge you are the intellectual property owner of any photos you submit to us and you indemnify and keep us indemnified against any claim made by a third party for breach of any Intellectual Property Rights associated with the photos.
By uploading, publishing, transmitting or making available any data, content or other material to Vine Apparel including but not limited to, sharing posts, posting, publishing or uploading comments, reviews, images, photos, content or any other material to our Websites (User Content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”), your name, likeness, personality, voice or any other materials or information you provide to Vine Apparel in connection with your consent. The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Vine Apparel may also share your contribution with trusted third parties.
Rights and liability of Vine Apparel in relation to User Content,
- To pre-screen, review, control, monitor, reject, delete or edit User Content for any or no reason in our sole discretion. However, Vine Apparel is not obliged to do so,
- You acknowledge and agree that Vine Apparel does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that Vine Apparel is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release Vine Apparel and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether it is identified as being copyrighted,
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Site or the public, or could create liability for Vine Apparel,
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site,
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
If you do not want to grant Vine Apparel the permission set out above on these terms, please do not submit User Content.
16. Promotions
During a SALE PERIOD where we have a 'site wide' sale, all items have been automatically reduced by the nominated discount amount. So, no code is needed at checkout, the discount has already been applied to the RRP of each item.
Automatic discounts DO NOT work in conjunction with any other offer such as further discount codes. As such, codes you may have received through promotions will NOT BE VALID during our 'site wide' sale period. They will work once 'site wide' sale period has ended.
Discount codes allow for one-time use for each customer. They cannot be used multiple times and cannot be applied to sale items.
17. Jurisdiction
These terms and conditions are governed by the laws of New South Wales, Australia and you agree the courts in NSW will have exclusive jurisdiction.
If you have any questions about these Terms and Conditions, please email us at customercare@vineapparel.com