Terms & Conditions for Shoppers
In order to use
clothingstoreonline.com.au you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you, the client.
clothingstoreonline.com.au site acts as a facilitator for Designers to sell their products and for Shoppers to buy goods under the following terms and conditions:
'Designer' is the name that we give the sellers of the various clothing ranges and accessories. You should also refer to any individual Designers’ terms and conditions that may appear on their
clothingstoreonline.com.au dedicated home or product pages before making any order.
clothingstoreonline.com.au terms & conditions
acceptance of terms
Subject to the following terms and conditions (the "Terms and Conditions"), Clothingstoreonline Proprietary Limited ("CSO") provides its service to you, via the
clothingstoreonline.com.au website (the "site"). CSO may update these Terms and Conditions from time to time and will notify such changes to you by uploading them on the site.
By using the site and service, you agree with and accept all of the Terms and Conditions. If you do not agree to these Terms and Conditions then please refrain from using the site.
1. description of clothingstoreonline.com.au's service
The site is designed to allow registered designers to offer, promote and sell their goods as described in these Terms and Conditions.
A Designer is a Designer or manufacturer of goods who has subscribed to the site to use the site and service for the promotion and sale of their products ("Designer").
A shopper is anyone who buys goods directly from a Designer through the
clothingstoreonline.com.au website ("Shopper").
4. your registration obligations
You may make a purchase through the site by registering with CSO. You do not need to register at the site until you make a purchase. It is your responsibility to ensure that the information you provide for the purposes of such registration is true, accurate and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or CSO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CSO has the right to refuse use of the service.
5. condition of use
The site acts as a facilitator for Designers to sell their products and for Shoppers to buy goods
If the Shopper makes a payment for any goods or services, such payment is made directly to CSO. Other than in respect of receipt of payment by CSO, the transaction is directly between the Shopper and the Designer, and CSO’s obligations in respect of any transaction are strictly limited to receipt of payment on behalf of the Designer. Once a Shopper has purchased a Designer's product, it is the Designer's responsibility to provide confirmation of order, insurance of goods in transit . CSO will facilitate any questions you may have regarding delivery. Any complaints from Shoppers, issues relating to damage of goods, returns and refunds are to be addressed to CSO, whoever they are solely the Designer's responsibility.
6. payment methods
Purchases may be paid for by the Shopper using a credit card through e-way or direct deposit using our online payment facility. All prices are in Australian dollars and are payable in Australian dollars plus GST
7. delivery arrangements
Your shopping basket on the site displays the goods you have chosen and the Designer who will supply them. Prices include postage. CSO charge a set $13 administration fee for each order. Unless specifically stated, all orders will be dispatched within 2 – 3 working day hours once payment has been confirmed. If there are any delays clothingstoreonline.com.au will notify you and you have the option of changing or cancelling your order. Any delivery times that may be quoted are estimates only, based on availability and normal delivery time in working days.
If you have any query e-mail CSO at email@example.com.
8. post & packing/delivery
For all sales within Australia, delivery is included in the price of the purchase. All sales incur a $13 administration fee.
Sales outside Australia are subject to international postage and insurance charges.
9. returns & exchanges
As far as we are aware, Designer's returns policies comply with all relevant legislation. CSO designers are happy to refund any purchases provided they are returned by registered mail in their original condition, within 14 working days from receipt. Only products that are in their original condition will be refunded, others will be returned to the customers at their own cost.
For all returns please email firstname.lastname@example.org with the following details: your name, invoice number, product name/code, reason for return and request for replacement, exchange or refund.
You will then be given a return authorisation number (R.A.N) to be written on the outside of the returned package and the address that the product needs to be returned to.
CSO regret that Designers cannot accept any returned items that incur import charges. To avoid these charges CSO suggest that you do not use a courier company such as DHL, Fedex or UPS, instead please use a registered mail service that requires a signature on delivery.
CSO return policy does not apply if the product(s) have been used, worn, soiled or damaged. CSO and the Designers reserve the right to refuse a return on any product that does not meet these requirements. It is suggested that you insure your return package as clothingstoreonline.com.au cannot be held responsible for any product lost/damaged in the post. If you have requested a refund, a credit will be issued back to your credit card within 24 hours of receipt of goods provided the R.A.N (Return Authorisation Number) is clearly marked on the package. If exchanging the item you may select an alternative product, however if the replacement item is priced higher than the item exchanged you will be required to pay for the difference plus postage and handling and the $13 Administration fee.
Exceptions to Returnable Products: Products offered on Sale, swimwear, lingerie and other products such as pierced jewellery are not returnable unless faulty. This type of sale is considered final.
10. clothingstoreonline.com.au privacy and information policies
11. no resale or service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site or service, use of the site or service, or access to the site or service.
12. dealings with advertisers and designers
Shopper’s correspondence or dealings with Designers found on or through the site must be through CSO, however any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Designer and CSO shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings, and any orders placed by you, and any product specifications and product availability appearing on the site are subject to confirmation by, and the terms and conditions (including the returns policy) of the relevant Designer.
The site and service may provide links to other websites. Because CSO has no control over such sites and resources, CSO is not responsible for such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
14. copyrights and copyrights agents
CSO are the owner or licensee of all intellectual property rights in the site and in the material published on it. Those rights are protected by copyright laws and treaties throughout the world. All such rights are reserved.
You must not use any part of the materials or any of our intellectual property (including, without limitation, our trademarks) for commercial purposes without obtaining a licence to do so from us or our licensors.
clothingstoreonline.com.au respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the service, please email Copyright to report the problem.
General comments about the site and service are welcome and Complaints about a specific Designer or product must be directed to CSO.
CSO does not review or control, and is not responsible in any way for, listings provided by Designers, and CSO does not possess at any time any items offered through the site and service. CSO is not involved in transactions between Designers and Shoppers. CSO is not responsible for ensuring that Designers and Shoppers complete a transaction.
Under no circumstances will CSO be liable in any way for any content posted by Designers, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the site or service.
you expressly acknowledge and agree that
Your use of the site and service is at your sole risk. The site and service is provided on an 'as is' and 'as available' basis. To the fullest extent permitted by applicable law, CSO expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
CSO makes no warranty or representation that
- the site or service will meet your requirements
- the site or service will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of the site or service will be accurate or reliable
- the quality of any products, services, information, or other material purchased or obtained by you through the site or service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the site or service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from CSO or through or from the site or service shall create any warranty or other obligation not expressly stated in the Terms and Conditions.
17. limitation of liability
CSO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, income, anticipated savings, goodwill, use, data or other intangible losses (even if CSO has been advised of the possibility of such damages) resulting from
- the use or the inability to use the site or service
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the site or service.
- unauthorised access to or alteration of your transmissions or data.
- statements or conduct of any third party on the site or service.
- any other matter relating to the site or service.
18. viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site.
CSO will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
CSO will not be liable for any loss or damage caused by an 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 our site or to your downloading of any material posted on it, or on any website linked to it.
19. exclusions and limitations
Nothing in these Terms & Conditions affects your statutory rights as a consumer.
This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the same, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions 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.
22. entire agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing
23. law and jurisdiction
Contracts for the purchase of Goods through our site will be governed by Australian law. Any dispute arising from, or related to, such Contracts shall be conducted in New South Wales courts.
summary of conditions relating to orders placed with our Designers
All clothingstoreonline.com.au Designers will conform to current Australian legislation in their terms and conditions, ordering and returns policies.
Items purchased will normally be delivered within 3-5 days. Unless legally exempt (for such reasons as set out below) you have 7 days in which to return unwanted goods. Please adhere to our returns guidelines to ensure that goods are returned properly.
The following items are subject to variation from the above and may be specially made, take longer to reach you, and be non-returnable:
- Specially made items and those that have been personalised with a name or message. It is highly likely that the product is non returnable and non refundable.
- Personal products (such as underwear, jewellery (especially earrings), Perishable items) are all likely to be non returnable and non-refundable.