Terms & Conditions.
Introduction
The conditions of use of Victoria Collison’s website include these terms and the Online Shopping Terms and Conditions, (collectively the ‘Terms’). These Terms govern your use of, and access to, this website.
Content
This website and its content are subject to copyright, and other intellectual property rights. These rights are owned by Victoria Collison Pty Ltd (ABN 48 004 903 181), or in the case of some material, a third party, where the third party has provided permission to use the content
You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on this site, including photos, audio and video excerpts, except as permitted by statute or with our prior consent
Our site includes registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent or any third party’s trade marks without their consent
This site may contain links to third party website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the information, products or services provided at those website. You access those website and use the information, products and services made available at those website at your own risk
Many of the products and services offered for sale or advertised and much of the information provided via this site are the products, services and information of third parties. These third party products, services and information are not necessarily provided or delivered by Victoria Collison.
Use of this website
You must not misuse this website and only use it for lawful purposes. You will not use this website (including any of Victoria Collison’s social media website) for any activities, or post or transmit to or via the site any information or materials, which:
Breach any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes
Interfere with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using this website
is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings
commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful
hacks or disables any part of the site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this website
provides false information when registering or changing your registration details
Victoria Collison will not be liable for any loss or damage caused by a distributed denial-of-service 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 this site or to your downloading of any material posted on it, or on any site linked to it.
Social Media
Victoria Collison uses social media website (eg Twitter, Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such website in our discretion. Our own site may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users
Third party social media website will also be governed by their own particular terms of use
Victoria Collison does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Victoria Collison’s social media website. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views
Users must not post or upload any comment, content or link to the site or Victoria Collison’s social media website which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory
Victoria Collison may moderate user-posted content and may remove any content that, in Victoria Collison’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed
Victoria Collison does not undertake to inform users when such content has been moderated or removed. Victoria Collison may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion
Where you post or submit content to a site, you warrant that:
You have the permission of the person/s appearing in the content to submit it to the site, and for them and their image or likeness to be subject to these Terms, including use by Victoria Collison
You have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));
Victoria Collison may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Victoria Collison) at any time in the future, and via any media; and
Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Victoria Collison to conduct research and marketing activities (including informing you about special offers from Victoria Collison, and to become part of databases maintained by Victoria Collison or its associated entities.
Cookies
Cookies are small pieces of information captured when your device is used to access online content. If you disable cookies on your browser or device, you may not be able to fully experience all features of the website
Liability
Victoria Collison makes no representations or warranties of any kind, express or implied as to the operation of our site or the information, content, materials or products included on our website, except as otherwise provided under applicable laws
Neither Victoria Collison, nor her affiliates, third party sellers on the Victoria Collison website (if any), directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our website or website linked to our website. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information
You assume all risk of use of all features of a site. You release Victoria Collison of all responsibility for any consequences of their use
By continuing to access our website you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk
Victoria Collison’s website and its contents is provided to you on “as is” basis; our website may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our website will always be available or fault- or virus- free
The Victoria Collison Online Store is a marketplace platform which enables Victoria Collison and third party sellers to offer for sale and sell their products and services directly to customers. Where the product or service is offered by a third party seller, Victoria Collison is not directly involved in any transaction between a third party seller and a customer. Therefore, Victoria Collison will not be liable for any damages arising out of, or in relation to, any products or services or content (including pricing and product information) provided by a third party seller on the Victoria Collison Online Store. Each seller t is also responsible for ensuring their products or services and any related content or advertising complies with all applicable laws including the Australian Consumer Law.
Updates & termination
Victoria Collison may vary these Terms at any time. By continuing to use the wesbite you consent to any variations. It is your responsibility to regularly check these Terms for any variations
At any time, we may, in our sole discretion, suspend or terminate the access to the wesbite for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities
Victoria Collison may disclose any information we may have about a user in relation to an investigation or allegation that your use of the website breaches these Terms, or any applicable laws
Victoria Collison may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief
Jurisdiction
These Terms and this website are governed by and construed in accordance with the State of New South Wales, Australia. If a dispute arises from these Terms, you agree to submit to the nonexclusive jurisdiction of the courts of New South Wales, Australia, except in relation to application for any injunctive relief sought by Victoria Collison
This website may be accessed in Australia and overseas. We make no representations that the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.
Online Shopping Terms & Conditions
These terms apply to the ordering, purchase and delivery of Goods from Victoria Collison’s website located at www.victoriacollison.com (the ‘Website’), and form a contract between you and Victoria Collison (ABN 48 004 903 181) of 3 York Road, Queens Park, New South Wales, 2022 (‘Victoria Collison’, ‘we’ or ‘our’) (Terms).
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
Compliance with Terms
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Victoria Collison for the supply of Goods.
Placing Orders for Goods
You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
Victoria Collison reserves the right to accept or reject your Order for any reason at any time. If Victoria Collison rejects your Order you will receive a refund of any money paid.
Your Order becomes a sale when your Order is dispatched and Victoria Collison has issued you a Tax Invoice
Availability of Goods
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Victoria Collison Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
Victoria Collison reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Victoria Collison will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
You acknowledge and agree that:
all pictures and images of Goods displayed are for illustrative purposes only;
any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
Price and payment
When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
Victoria Collison reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.3 will apply).
Payment methods are specified on the Website or explained by a consultant at the time you place your Order. They may include credit card or PayPal. Cheques cannot be used as a payment method for any purchases from Victoria Collison.
Any payment for an Order must be cleared by Victoria Collison before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
Lay-by is not available for Orders.
Shipping within Australia and overseas
For shipping within Australia, your orders will be dispatched within 1 – 2 business days (unless otherwise stated) and will be shipped via Sendle or a nominated carrier. In most cases, delivery will take between 2 – 3 business days but Victoria Collison will not be liable or responsible for late delivery by Sendle or a nominated carrier
For shipping outside of Australia, your Orders will be dispatched within 1 – 2 business days (unless otherwise stated) and will be shipped via Sendle. We will provide you with tracking information for your order as soon as it has been dispatched. In most cases, delivery will take between 6 – 10 business days but Victoria Collison will not be liable or responsible for late delivery by the nominated carrier.
Order cancellations and returns
Unless provided for under these Terms or as otherwise agreed by Victoria Collison, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it.
Delivery Fees will not be refunded if you exchange Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
If the original payment was made on a credit card, exchanges will be processed on the same card as the original payment was made.
Returns policy
Returns
You may exchange Goods you have purchased within 14 days of the Goods being purchased provided that the Goods are unused and are in the same condition as when they were dispatched to you.
If you return Goods you will not be able to receive a refund but you may receive a credit which will remain valid for 6 months.
Please email Victoria Collison at tory.collison@me.com if you have questions regarding returns and for the address to send your return. You will be liable for the cost of shipping the Goods that you wish to return.
Change of Mind
If you have changed your mind and you are able to provide satisfactory proof of purchase, Victoria Collison may offer you an exchange provided that the merchandise:
is in saleable condition
is unused with all original, sealed packaging and tags attached
is not subject to the exclusions listed below; and
the exchange is sought within a reasonable period of time (in most cases a reasonable period of time is deemed to be 14 days)
If you are unable to provide satisfactory proof of purchase, Victoria Collison at its absolute discretion reserves the right not to offer an exchange for change of mind. In such cases, Victoria Collison may provide you in its absolute discretion, an exchange to the current value of the merchandise.
Exclusions
Please choose carefully when purchasing the following merchandise as change of mind returns will not be provided on custom made, personalised and / or altered products
Proof of Purchase
If for any reason you wish to exchange Goods, then you must provide proof of purchase to Victoria Collision.
Australian Consumer Law
If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. These rights are not impacted by the change of mind policy or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose an exchange or repair. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item) within a reasonable time.
Where an item is damaged through misuse or abnormal use, Victoria Collison will not provide a refund, exchange or repair.
Victoria Collison will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
Privacy
Personal Information, which you provide to us during the Order, including contact details, will be kept, used and disclosed by us in accordance with Victoria Collison’s Privacy Policy for the purpose of processing and delivering your Order.
We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
Unless otherwise indicated in your account settings or at the time you placed your Order, Victoria Collison may send you marketing information
Risk & Liability
Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when collected in store through Click & Collect.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Victoria Collison excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
You represent and warrant to Victoria Collison that Victoria Collison will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
Termination
We may, at our discretion, terminate the agreement for the supply of Goods to you:
for convenience, at any time, on giving notice to you; or
immediately if Victoria Collison reasonably believes that you have breached these Terms and:
that the breach is not capable of remedy; or
if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
General
See Victoria Collison’s Website Terms for further information on trade marks, copyright and other applicable terms.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Sydney, New South Wales.
Definitions
The following definitions apply to these Terms.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Goods means the items offered for sale on the Website, through our In-Store Ordering system and through our Customer Service Centre.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Victoria Collison under these Terms (whether through the Website or in a Victoria Collison store using a tablet or other electronic device ).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website or on the Order confirmation.
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our and Victoria Collison means Victoria Collison (ABN 48 004 903 181).
You and Your means you as the purchaser of Goods from Victoria Collison pursuant to these Terms.