Dressmakers Design Studio

1. About the Website

(a) Welcome to www.dressmakersdesignstudio.com.au (Website). The Website provides you

with an opportunity to browse and purchase various products that have been listed for sale

through the Website (Products). The Website provides this service by way of granting you

access to the content on the Website (Purchase Services).

(b) The Website is operated by Dressmakers Design Studio(ACN 89652187061). Access to

and use of the Website, or any of its associated Products or Services, is provided by

Dressmakers Design Studio. Please read these terms and conditions (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.

(c) Dressmakers Design Studio reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When Dressmakers Design Studio 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.

2. 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 Dressmakers Design Studio in the user interface.

3. Registration to use the Purchase Services

(a) 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:

(i) Email address

(ii) Preferred username

(iii) Password

(b) You warrant that any information you give to Dressmakers Design Studio in the course of

completing the registration process will always be accurate, correct and up to date.

(c) 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.

(d) You may not use the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Dressmakers Design Studio;

or

(ii) 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

(a) As a Member, you agree to comply with the following: You will use the Purchase Services

only for purposes that are permitted by:

(i) the Terms;

(ii)any applicable law, regulation or generally accepted practices or guidelines in the

relevant jurisdictions;

(iii) 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;

(iv) any use of your registration information by any other person, or third parties, is

strictly prohibited. You agree to immediately notify Dressmakers Design Studio of

any unauthorised use of your password or email address or any breach of security

of which you have become aware;

(v) 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 Dressmakers Design Studio providing

the Purchase Services;

(vi) 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;

(vii) 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

Dressmakers Design Studio for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase

Services is prohibited.

5. Purchase of Products and Returns Policy

(a) 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 (Purchase Price).

(b) Payment of the Purchase Price may be made through Kajabi Payments, Stripe or PayPal

(Payment Gateway Provider). In using the Purchase Services, you warrant that you have

familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions

of Use, Privacy Policy and other relevant legal documentation provided by the Payment

Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Dressmakers Design Studio,

you will be issued with a receipt to confirm that the payment has been received and Dressmakers Design Studio may record your purchase details for future use.

(d) Dressmakers Design Studio 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.

6. Warranty

(a) Dressmakers Design Studio's Products come with guarantees that cannot be excluded

under the Australian Consumer Law. You are entitled to a replacement or refund for a major

failure of the Product and compensation for any other reasonably foreseeable loss or

damage. You are also entitled to have the Products repaired or replaced if the Products fail

to be of acceptable quality and the failure does not amount to a major failure (Warranty).

(b) You may make a claim under this clause (Warranty Claim) for material defects and

workmanship in the Products within 1 month from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of

purchase to Dressmakers Design Studio showing the date of purchase of the Products,

provide a description of the Products and the price paid for the Products by sending written

notice to Dressmakers Design Studio by email at [email protected].

(d) Where the Warranty Claim is accepted then Dressmakers Design Studio will, at its sole

discretion, either repair or replace any defective Products or part thereof with a new or

remanufactured equivalent during the Warranty Period at no charge to you for parts or

labour. You acknowledge and agree that you will be solely liable for any postage or

shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Dressmakers Design

Studio and shall be the sole and exclusive remedy available to you in addition to other

rights and under a law in relation to the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are

limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to the

additional excluded items set forth below nor to any supplied Products where the exterior of

which has been damaged or defaced, which has been subjected to misuse, abnormal

service or handling, or which has been altered or modified in design or construction.

7. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Dressmakers Design

Studio 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) (Content) are

owned or controlled for these purposes, and are reserved by Dressmakers Design Studio

or its contributors.

(b) Dressmakers Design Studio 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:

(i) the business name, trading name, domain name, trade mark, industrial design,

patent, registered design or copyright of Dressmakers Design Studio; or

(ii) the right to use or exploit a business name, trading name, domain name, trade mark

or industrial design; or

(iii) 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).

(c) You may not, without the prior written permission of Dressmakers Design Studio 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 content 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.

8. Privacy

Dressmakers Design Studio takes your privacy seriously and any information provided through

your use of the Website and/or the Purchase Services are subject to Dressmakers Design

Studio's Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) You acknowledge that Dressmakers Design Studio does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products other than

provided for pursuant to these Terms.

(b) Dressmakers Design Studio will make every effort to ensure a Product is accurately

depicted on the Website, however, you acknowledge that sizes, colours and packaging

may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or

conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not

expressly stated in these Terms are excluded; and

(ii) Dressmakers Design Studio will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer Guarantee),

loss of profit or opportunity, or damage to goodwill arising out of or in connection

with the Purchase Services or these Terms (including as a result of not being able

to use the Purchase Services or the late supply of the Purchase Services), whether

at common law, under contract, tort (including negligence), in equity, pursuant to

statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Dressmakers

Design Studio , is at your own risk. Everything on the Website, the Purchase Services, and

the Products of Dressmakers Design Studio, are provided to you on an "as is" and "as

available" basis, without warranty or condition of any kind. None of the affiliates, directors,

officers, employees, agents, contributors, third party content providers or licensors of

Dressmakers Design Studio make any express or implied representation or warranty about

its Content or any products or Purchase Services (including the products or Purchase

Services of Dressmakers Design Studio) referred to on the Website. This includes (but is

not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to

correct defects, delay in operation or transmission, computer virus or other harmful

component, loss of data, communication line failure, unlawful third party conduct, or

(ii) theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third party

material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of

the Products;

(iv) the Content or operation in respect to links which are provided for the User's

convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or

publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

(a) Dressmakers Design Studio'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 Price, then

the total liability of Dressmakers Design Studio is the resupply of information or Purchase

Services to you.

(b) You expressly understand and agree that Dressmakers Design Studio, 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.

(c) Dressmakers Design Studio 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

Dressmakers Design Studio, by third parties or by any of the Purchase Services offered by

Dressmakers Design Studio.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Dressmakers Design

Studio as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Dressmakers Design Studio at any time; and

(ii) closing your accounts for all of the Purchase Services which you use, where

Dressmakers Design Studio has made this option available to you.

(c) Your notice should be sent, in writing, to Dressmakers Design Studio via the 'Contact Us'

link on our homepage.

(d) Dressmakers Design Studio may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Dressmakers Design Studio is required to do so by law;

(iii) the partner with whom Dressmakers Design Studio offered the Purchase Services

to you has terminated its relationship with Dressmakers Design Studio or ceased to

offer the Purchase Services to you;

(iv) Dressmakers Design Studio 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

(v) the provision of the Purchase Services to you by Dressmakers Design Studio is, in

the opinion of Dressmakers Design Studio, no longer commercially viable.

(e) Subject to local applicable laws, Dressmakers Design Studio 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 Dressmakers Design Studio's name or reputation or violates the

rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you

and Dressmakers Design Studio have benefited from, been subject to (or which have

accrued over time whilst the Terms have been in force) or which are expressed to continue

indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall

continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

(a) You agree to indemnify Dressmakers Design Studio, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(i) 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;

(ii) 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

(iii) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have

been complied with (except where urgent interlocutory relief is sought).

13.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give

written notice to the other party detailing the nature of the dispute, the desired outcome

and the action required to settle the Dispute.

13.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)

must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in an appropriate space agreed upon by both parties or online using secure conferencing software, within Australia.

13.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.

13.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

14. Venue and Jurisdiction

The Purchase Services offered by Dressmakers Design Studio are intended to be used by

residents of Australia. In the event of any dispute arising out of or in relation to the Website, you

agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland,

Australia.

15. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,

proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the

rights created hereby shall be governed, interpreted and construed by, under and pursuant to the

laws of Queensland Australia, without reference to conflict of law principles, notwithstanding

mandatory rules. The validity of this governing law clause is not contested. The Terms shall be

binding to the benefit of the parties hereto and their successors and assigns.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.