Terms and Conditions
fashionly.com.au is a website trading under Fashionly, a registered business name of HiNT Venture Capital Pty Ltd (ABN 55629013618), regulated under ASIC. Our site is fashionly.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the’ Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
The Website is operated by HiNT Venture Capital Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by HiNT Venture Capital Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
HiNT Venture Capital Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When HiNT Venture Capital Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by HiNT Venture Capital Pty Ltd in the user interface.
2. Our Website Services
All our prices are in Australian Dollars (AUD) or United States Dollar (USD) and including GST. We endeavour to ensure that our price list is current and we reserve the right to amend them. Our price list can be accessed from our home page. If you have placed an order, under a certain price, we undertake to process your order at the price listed at the time you ordered.
3. Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including and is not limited to the following:
- Email address
- Mailing address
- Telephone number
- Credit card details
You warrant that any information you give to HiNT Venture Capital Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘ Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
- You are not of legal age to form a binding contract with HiNT Venture Capital Pty Ltd; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following and you will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify HiNT Venture Capital Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of HiNT Venture Capital Pty Ltd providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by HiNT Venture Capital Pty Ltd for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Product Descriptions
We ensure that our products are described as accurately as possible on our website. However, our description may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. The rose bears may vary slightly in colour due to the lightning of the images taken.
We do not guarantee that the sizes of the rose products (LxWxH) as listed are accurate as these products are handmade and may vary.
We may refer to our employee, contractor and supplier whom create, organise and or produce our product in anyway as employee, supplier and or artisan in singular or plural where appropriate.
6. Product Orders
- We give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) or United States Dollar (USD) and include GST. This can be accessed from our home page and we reserve the right to amend our prices at any time.
- Packaging and postage may carry an additional charge, calculated at time of purchase.
- We do not offer any exchanges or refund for changes in mind as the products are custom made per order, unless the product satisfies our definition of faulty.
- We only define the product as faulty if there is a evident fault in the product. Due to handling in transit, some of the rosebuds may fall out. We do not consider this as a a fault in the product. We have provided glue sticks which is used to glue them back together.
- When you order from us, we require you to provide your personal information such as name, an address for delivery, your email address, telephone contact and credit card details. Please ensure you provide us with the correct delivery address, as we do not accept responsibility for orders being sent to incorrect addresses provided to us. We undertake to take due care with this information; however, in providing us with such information, you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- The website is a drop shipping company and information provided to us when placing an order (excluding payment information) will be provided to our supplier who will be dispatching the goods, all risk of loss or damage to the goods passes to you when we dispatch the goods.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- Any orders paid for in full can not be cancelled.
- Once an order has been paid in full, we are unable to exchange or refund the product should you change your mind at any given stage;
- As each individual product is custom hand-made, the orders are forwarded to our artisans shortly thereafter order has been paid.
- We always do our best to deliver your order on the scheduled date, however, factors outside of our control can affect the delivery time, such as delivery driver break downs, strikes, inclement weather, natural disasters and other factors which cannot be predicted. For international orders, we are not responsible for any shipping deliveries that may be affected by customs, natural occurrences, transfers to and from the local carrier in your country or air and ground transportation strikes or delays, nor any extra fees, customs or back-end charges once the package has exited the country of origin.
7. Product Purchases
- In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘ Purchase Price’).
- Following payment of the Purchase Price being confirmed by HiNT Venture Capital Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and HiNT Venture Capital Pty Ltd may record your purchase details for future use.
- HiNT Venture Capital Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
- Please note that this is not suitable for children under the age of 12 years old, as they may swallow the rose buds.
- This is not an edible product and should not be used for anything except as a display.
- Please note that we do not consider fallen rose buds as a fault in the product, due to the handling of the rose bears during transit. We have provided you with glue sticks to glue these rose buds back together. Alternatively, please use super glue to stick them together.
- Some of the rosebuds may be flat during shipment as the rosebuds are made of foamarian 3D material which are soft and delicate. Therefore, small areas may be affected resulting in; flat or squished regions. We do not consider this as a fault as this can be easily resolved through careful; heating of the rosebuds by using a hairdryer and lightly squeeze it to shape. *Caution is required.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
9. Copyright and Intellectual Property Rights
The Website, the Purchase Services and all of the related products of HiNT Venture Capital Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘ Content‘) are owned or controlled for these purposes, and are reserved by HiNT Venture Capital Pty Ltd or its contributors.
HiNT Venture Capital Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of HiNT Venture Capital Pty Ltd; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of HiNT Venture Capital Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Please note that if our intellectual and/ or copyrighted property is stolen, infringed in anyway, we reserve the right to invoice you for damages starting from a minimum of $100,000USD or as per the value of the property and any damages occurred be remedied.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
11. Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a.) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b.) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c.) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
12. Limitation of Liability
HiNT Venture Capital Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of HiNT Venture Capital Pty Ltd is the resupply of information or Purchase Services to you.
- You expressly understand and agree that HiNT Venture Capital Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- HiNT Venture Capital Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of HiNT Venture Capital Pty Ltd, by third parties or by any of the Purchase Services offered by HiNT Venture Capital Pty Ltd.
You agree to indemnify HiNT Venture Capital Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
16. Termination of Contract
The Terms will continue to apply until terminated by either you or by HiNT Venture Capital Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by:
- notifying HiNT Venture Capital Pty Ltd at any time; and
- closing your accounts for all of the Purchase Services which you use, where HiNT Venture Capital Pty Ltd has made this option available to you. Your notice should be sent, in writing, to HiNT Venture Capital Pty Ltd via the ‘Contact Us’ link on our homepage.
HiNT Venture Capital Pty Ltd may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- HiNT Venture Capital Pty Ltd is required to do so by law;
- the partner with whom HiNT Venture Capital Pty Ltd offered the Purchase Services to you has terminated its relationship with HiNT Venture Capital Pty Ltd or ceased to offer the Purchase Services to you;
- HiNT Venture Capital Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by HiNT Venture Capital Pty Ltd is, in the opinion of HiNT Venture Capital Pty Ltd, no longer commercially viable.
Subject to local applicable laws, HiNT Venture Capital Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts HiNT Venture Capital Pty Ltd’s name or reputation or violates the rights of those of another
The information on this site is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.