Terms and Conditions
“Australian Consumer Law” means Schedule 2 of the Competition and ConsumerAct201 O (Cth).
“You, Your” means the Purchaser named on the Sales Invoice or Quotation.
“Purchase Price” means the priceforthe goods set out on the relevant Quotation or Sales Invoice. “Seamstress Referral Form” means the form of referral, which Includes a Ballpark Cost Estimate submitted by Us to You In which these terms and conditions are deemed to be incorporated.
“Sales Invoice” means the sales invoice issued by Us to You in which these terms and conditions are or are deemed to be incorporated.
“Us, our, we” means D’ltalia Couture Trust ABN 34 743 043 498 trading as d’ltalia of 62 Glenfenie Road, Malvern in the State of Victoria.
Governing Terms and Conditions
Any special conditions specified on a Quotation or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions. Subject to the Australian Consumer Law these are the only terms and conditions which are binding upon us.
Terms of Payment
Goods will be supplied on a cash-on-delivery basis only. Property and risk in the goods shall pass to you when the goods have been paid for in full.
Title of the goods shall pass to the buyer upon the actual delivery date or when the company notifies the buyer that such goods are ready for dispatch, whichever is the earlier. After such time, the company expressly waives any responsibility for such goods, notwithstanding that the goods may still be in possession of the company. The company is not liable for such loss, damage or destruction of such goods after such time of notification or delivery howsoever caused, even though such loss, damage or destruction may be caused by negligence on the part of the company, its employees, servants or agents. As such, the buyer is advised to insure the garment from the date of delivery or notification.
The ownership of the garment will remain with the company until payment in full has been received by the company in accordance with the terms of the contract. For the purpose of this condition, time of payment will be the essence of the contract.
Cancellation and Returns
No returns will be accepted on garments or accessories unless the items are faulty.
Delivery date specified for orders shall be the date upon which the garments are ready for dispatch. Any such delivery date is a genuine forecast in the light of current conditions, but is given without legal commitment and the seller takes no responsibility if the seller is unable to meet it. If any event, act, error or omission, however caused, prevents the company from delivering the garments by the appropriate delivery date, such date will be postponed for a reasonable period by the company. Beyond this period the company may, without liability, cancel the contract for sale of such garments unless the garments have been made or are in the process of being made.
Any claims must be notified within 7(seven) days
Subject to the Australian Consumer Law:
(i) You cannot cancel an order which has been accepted by Us.
(ii) Photographs, drawings, description characteristics, dimensions and any other particulars given with or in a Quotation, literature or a catalogue of the goods is an estimate only and may be altered by the manufacturer or supplier without notice.
(iii) Any display product or sample inspected by You is solely for Your convenience and does not constitute a sale by sample.
(iv)No refunds for change of mind or selection
Our Warranty and Liability
Subject to the Australian Consumer Law:
(I) We make no express warranties under this Agreement. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to You in relation to goods supplied to You. You must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty.
(ii) We do not provide any warranty in relation to the quality or fitness of the goods, or that We repair or replace goods, or offer a refund in relation to goods.
(iii) Our liability, if any, arising from the breach of any implied conditions or warranties, shall at Our option be limited to: (A) the replacement of the goods or resupply of the goods by Us, or the cost of replacement or resupply of the goods; or (B) the repair of the goods, or the cost of repair of the goods.
(iv) We shall not in any circumstances be liable to You under or in connection with this Agreement, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission In the course of or In connection with the performance of this Agreement.
(v) All warranties, conditions and guarantees (whether express, implied or applied, and whether given by Us, the manufacturer or a third party) and any obligation of Us to repair or replace any goods are void in respect of any goods which You or a third party alter.
Third Party Dressmaker
We shall not be responsible to you for any loss or damage suffered by you as a consequence of the actions of any seamstress who has been contracted by you to make or sew any garment from the goods purchased from Us. You acknowledge that any statements or representations made by us as to the competency, proficiency or skill of any seamstress contracted by you is based on our experiences with the seamstress in the past and does not represent a guarantee or warranty in any way, and that you will rely on your own investigations and enquiries in deciding whether to contract the seamstress upon your initial meeting with her.
The terms and conditions of this contract shall be governed by the laws of the State of Victoria and we both submit to the non-exclusive jurisdiction of the Courts of Victoria.