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Terms and Conditions

TERMS AND CONDITIONS

 

TERMS OF USE OF SALE

Reference to “Cathrines of Dromana”, “we”, “us” or “our” is a reference to Cathrines of Dromana.

Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website http://www.cathrinesofdromana.com.au (“Website”) and the purchase of any product/s.

Your acceptance

You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Cathrines of Dromana and participating in any Cathrines of Dromana forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).

General disclaimer

You should be aware that the information on this Website and these Terms are subject to change. 

We recommend that you read these Terms each time you access the Website and definitely before you place future orders.  The information on this Website and/or these Terms may be different and will apply to your use or order/s. 

For clarity, the Terms that are in place at the time you place an order will apply to that order.

Limitation of Liability

Subject to your rights under the Australian Consumer Law, you understand and agree that:

  •  neither Cathrines of Dromana or its affiliates,employees, agents, contractors, successors or will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless Cathrines of Dromana has acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise;  our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant goods or service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
  • otherwise, we limit any and all of our liability to AUD$100.

For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.

Access and communication

We use reasonable efforts to ensure the integrity of the Website by using virus checking software.  However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems. 

We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.

Products and Purchasing

Cathrines of Dromana reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.

Any orders received by Cathrines of Dromana through this Website constitute offers and are subject to acceptance or rejection by Cathrines of Dromana in its discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.

Title in any goods purchased by you through this Website does not pass to you until payment has been received. Risk of loss or damage to goods passes to you upon dispatch from our premises.

Cathrines of Dromana does not guarantee the availability of any products advertised on the Website.

Prices are inclusive of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods. 

Cathrines of Dromana terms and conditions relating to shipping is set on Cathrines of Dromana's website at: Delivery Rates and Policy and refunds at Refunds, Exchanges and Returns.

Payment

Payment can be made by Visa, Mastercard (Australian Registered Cards only).  Credit Card transactions are processed through the Shopify Payments. Your card details are not disclosed to us and are not stored in our database.  Please note that delays may occur on large orders while the card is checked for authenticity.

Privacy

Any personal information submitted by you via the Website will be handled in accordance with our Privacy Policy which can be found at Privacy and Security.

Intellectual Property

Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.

Website Licence

Cathrines of Dromana grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website.

Cathrines of Dromana reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
(i) abusive, defamatory, or obscene;
(ii) fraudulent, deceptive, or misleading;
(iii) in violation of a copyright, trademark or other intellectual property right of another;
(iv) in violation of any law or regulation; or
(v) offensive or otherwise unacceptable to Cathrines of Dromana

Prohibited Uses

In using the Website and Services you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property  or  publicity;
(d) post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
(e) post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component;

(f) not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or

(g) use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;

(h) access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or

(i) attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.

Termination

Cathrines of Dromana may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances.  You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.

Consent To Receiving Commercial Electronic Messages

If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services to electronic addresses which you have provided to us.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.

Applicable laws

This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

 

RETURNS

Returns are accepted if the Garment is faulty or damaged or you change your mind because the garment does not fit or suit you.  

All garments must have original swing tag and proof of purchase and can be returned by post or in Store within 30 days of Purchase. 

Please return in secure packaging if returned by post.  

All garments will be checked thoroughly for faults before leaving our store. 

Refunds will be processed within 14 days after receiving the products, Postage will not be refunded off the purchasing price, price of postage for returns will not be refunded unless the garment is faulty.

Garments will not be accepted for return or exchange if they have been worn or damaged by customer. 

 

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