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 December 21, 2022.
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.
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.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at email@example.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.
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 firstname.lastname@example.org.
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.
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.
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
You may purchase gift cards from our Site, which are redeemable with any online order for our Items.
Gift cards can be used for multiple orders until the total amount is fully redeemed. Gift cards are not redeemable for cash and are only valid for 3 years for the date of purchase.
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.
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.
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.
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 email@example.com