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These Purchase Terms &
Conditions shall be governed by and construed in accordance with the
laws of the Commonwealth of Australia and do not affect the buyer’s
statutory rights.
The terms and conditions set
forth in this purchase terms and conditions notice (the "Purchase
Terms & Conditions") shall govern the purchase of products
and/or services (the "Goods"from the websites provided by
vjgowns trading as Vera Jayne Gowns, ("the Seller", "us",
"our" or "we") including www.vjgowns.com.au, www.vjgowns.com,
and all subdomains of this website, as well as all services related
to such web sites (such web sites and services, collectively, the
"Site"). The "Buyer" means the individual or organisation who
purchases, or agrees to purchase products and/or services from the
Seller. The "Contract" means the contract between the Seller and
the Buyer for the sale and purchase of Goods incorporating these
Purchase Terms & Conditions. The "Goods" means the products
and/or services that the Buyer agrees to purchase from the Seller. By
purchasing products and services from the Site, you agree to be bound
by these Purchase Terms & Conditions. If you do not agree to
these Purchase Terms & Conditions, please do not purchase
products and/or services from the Site.
Please note that to the extent
that a Buyer’s purchase is carried out on a Linked Site, that
purchase will be subject to the terms and conditions of use
applicable to such Linked Site.
Conditions
The Buyer must be aged 18 or
over on the date of entering into a Contract for the purchase of
Goods by the Seller. These Purchase Terms & Conditions shall
apply to all Contracts for the sale of Goods by the Seller to the
Buyer and shall prevail over any other documentation or communication
from the Buyer. Acceptance of delivery of the Goods shall be deemed
conclusive evidence of the Buyer’s acceptance of these Purchase
Terms & Conditions. Any variation to these Purchase Terms &
Conditions (including any special terms and conditions agreed between
the parties) shall be inapplicable unless agreed to in writing by the
Seller.
Ordering
All orders must be submitted
to the Seller on the Online Order Form provided on the Site. Any
orders received by email, telephone, mail or fax will not be accepted
by the Seller. The Buyer assumes full responsibility for the accuracy
of personal measurements provided to the Seller. The Seller holds no
responsibility for inaccurate measurements provided by the Buyer or
the Buyer’s personal measurements changing for any reason
whatsoever. The Seller will not be responsible for the costs of any
garment alterations required by the Buyer. All orders for Goods shall
be deemed to be an offer by the Buyer to purchase Goods pursuant to
these Purchase Terms & Conditions and are subject to acceptance
by the Seller. After an order and payment is received, the Seller
shall confirm by email the details, the measurements, description and
price of the Goods which constitutes the Seller’s acceptance of the
Buyer’s offer. A minimum of 10 weeks is required from the date of
order placement to the event date. In extreme circumstances, this
time-frame may be reduced for rush orders at the Seller’s
discretion, but the order will be subject to additional charges to be
borne by the Buyer. Rush orders can only be stipulated at the time of
order placement. The Seller reserves the right not to accept any
order for any reason, including insufficient time between the date of
order placement and the Buyer’s event/wedding date. In the event
that the Goods ordered by the Buyer are not available, the Buyer
shall be notified as soon as possible and given the option to either:
1) wait until the Goods are available, or; 2) receive a replacement
product of similar style and price, or; 3) receive a refund within 30
days, or; 4) cancel the order.
Payment
The Seller accepts payments
made via PayPal. Buyers who make payment via PayPal are redirected
from the Site to a secure PayPal site. Buyers are not required to
have an account with PayPal in order to make payment. Once payment
has been made, PayPal issues the Buyer with a receipt via email, and
the Buyer will be redirected back to the Site. Buyers may be asked by
PayPal to supply certain information relevant to their purchase,
including the Buyer’s credit card number, the expiration date of
the Buyer’s credit card, the Buyer’s billing address, and Buyer’s
shipping information. Payment of the full price of an order must be
made before an order will be confirmed and processed. All payments
must be made to the Seller in AU$, as the Seller does not exchange or
convert foreign currency to AU$. The Buyer represents and warrants
that they have the legal right to use any credit card(s) or other
payment means used to initiate any purchase of Goods on the Site. Any
personally identifiable information provided by the Buyer through the
Site will be treated by the Seller in accordance with our Privacy
Policy. By submitting such information, the Buyer grants the Seller
the right to provide only relevant information to third parties for
the purposes of facilitating the completion of the purchase of Goods
initiated by the Buyer or on the Buyer’s behalf and any other order
fulfilment purpose. Verification of information may be required prior
to the acknowledgement or completion of any purchase.
Prices
The Seller reserves the right
to adjust the price of any Goods on the Site at its discretion
without notice. All prices displayed on the Site are quoted in
Australian dollars (AU$), inclusive of Goods and Services Tax (GST)
and shipping charges. The Seller shall not be liable to anyone for
adjusting the prices of any Goods on the Site or for refusing to
process an order. All pricing is subject to change up until the time
the Buyer places an order and completes payment. If the Buyer has
saved a product to their Shopping Cart, and at some point later
completes an order and makes payment, the price will reflect current
pricing, not the previous price. Buyers who reside outside of
Australia accept liability for any foreign currency exchange
variations, stamp duties, import duties, customs charges and taxes
applicable to the country in which they reside.
Products and Product
Descriptions
The Seller reserves the right
to withdraw any Goods from the Site at any time. The Seller shall not
be liable to anyone for withdrawing any Goods from the Site or for
refusing to process an order. Whilst all care is taken, the Seller
does not guarantee that product descriptions or other content on this
Site will always be 100% accurate, complete, reliable, current, or
error-free, including descriptions and images. Fabric colours and
materials may vary slightly from those shown on the Site, additionally some fabrics shown on the site
may not be available, for example two toned chiffon fabrics are not available. Colours may
vary as to settings on computers and monitors, and it is therefore
impossible to guarantee an exact colour match. Dye lots can also vary
significantly, up to 20% variation to the colours displayed on the
Site. Colour charts are provided on the Site as a guide only. All
Wedding, Bridesmaid, Evening, Mother of the Bride and flower girl
gowns available for sale on the Site are custom-made and embellished
by hand. The finished Goods may vary slightly from the design shown
on the Site, and therefore, no guarantee will be given that finished
Goods will be an exact or perfect replica of the product image shown
on the Site. The Seller reserves the right to substitute
embellishments such as a brooch that is different to that pictured on
our site, this is due to the supplies that our manufacturer may have
at the time of production. The embellishment will be matched as
closely to the original as possible, this may also apply to some
materials, beads etc. The Seller reserves the right, with or without
prior notice, to change such descriptions, images, and references, to
limit the available quantity of any product to honour, or impose
conditions on the honouring of, any coupon, coupon code, promotional
code or other similar promotions.
Warranty
The Seller shall not be liable
for any direct, indirect, special or consequential loss or damage
including loss of profit or any other form of compensation to anyone
resulting from the supply of damaged or defective Goods. The Seller
shall inspect, photograph and securely package all goods which have
been purchased prior to shipment. The Buyer shall inspect the Goods
immediately upon receipt and shall notify the Seller via email within
48 hours of delivery if the Goods are damaged or defective.
Photographic evidence should be attached to the email where possible
to substantiate all damage and defect claims. If the Buyer fails to
notify the Seller of damage or defects within 48 hours, the Buyer
shall be deemed to have accepted the Goods in good condition. Goods
that have been approved for return for re-inspection by the Seller
must be returned to the Seller at the Buyer’s expense and should be
adequately insured during the return journey. A Return Identification
Number (RIN), will be provided by the Seller, and should be clearly
written on the outside of the packaging. The Goods must be packed and
returned to the Seller in the original packaging. The Goods must not
be worn or show any signs of wear, including make-up marks, smelling
of cigarette smoke or perfume. Goods must be returned in their
original condition and free of alteration. Goods must be received by
the Seller within 10 days of the Buyer’s receipt of the Goods. If
the Goods are confirmed to be damaged or defective upon re-inspection
by the Seller, the Buyer will be notified as soon as possible and
given the option to either: 1) receive an exchange, or; 2) receive a
refund within 30 days, or; 3) cancel the order. Goods damaged during
transit to the Buyer will be subject to insurance claim conditions
through the Courier service used to deliver the Goods from the Seller
to the Buyer.
Refunds
Please refer to our Refunds & Returns
Changes to Purchase Terms &
Conditions
The Seller shall be entitled
to alter these Purchase Terms and Conditions at any time but this
right shall not affect the existing terms and conditions accepted by
a Buyer upon making a prior purchase.
Force Majeure
The Seller shall not be liable
for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances outside its
reasonable control, including but not limited to acts of God, natural
disasters, strikes, lockouts, accidents, war, fire, manufacturing
delays, breakdown of plant or machinery or shortage or unavailability
of raw materials from a source of supply, shipping company
turnaround times and the Seller shall be entitled to a reasonable
extension of its obligations.
For further information
regarding our Purchase Terms & Conditions, please contact us.
Vera Jayne Gowns
Victoria
Australia
Phone: 03 9018 3001
Email: sales@vjgowns.com
URL: http://www.vjgowns.com
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