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:

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:

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:

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

7. Product Purchases

 8.  Hyperlinks

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:

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.

10. Disclaimers

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:-

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.

13. Indemnity

You agree to indemnify HiNT Venture Capital Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

14. Jurisdiction

15. Privacy

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:

HiNT Venture Capital Pty Ltd may at any time, terminate the Terms with you if:

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

Disclaimer

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.

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