TERMS & CONDITIONS
TERMS AND CONDITIONS
1 INTRODUCTION
THE TERMS AND CONDITIONS OUTLINED HERE DEFINE YOUR RIGHTS, OBLIGATIONS AS A CONSUMER ON OUR SITE. BY ACCESSING OR USING THE SITE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS
1.1 These Terms and Conditions of Sale (Terms) apply to all purchases of any BY ELORA product purchased through this website or directly via our showroom.
1.2 In these terms we, our, us, BY ELORA and similar expressions, refer to By Elora Pty Ltd (ABN 162 478 364).
1.3 You, your, and similar expressions, refer to you, By Elora’s customer or prospective customer.
2 PLACING AN ORDER
2.1 BY ELORA reserves the right, acting reasonably, to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.
2.2 When a payment is accepted by us relating to your purchase of the Product(s), the order becomes immediately binding on BY ELORA and you agree to all of the terms and conditions set out in these Terms and Conditions
2.3 When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects
3 PRICES
3.1 The prices for Products are in Australian dollars and inclusive of GST.
3.2 Delivery and customs costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.
3.3 All additional costs payable by you pursuant to these Terms are payable to BY ELORA at such times as you are notified by BY ELORA from time to time.
3.4 If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as confirmed.
3.5 If, in these circumstances, the order is cancelled, and you have:
(a) paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or
(b) paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid
4 PAYMENT
4.1 A deposit is required at the time of placing the order. We will notify you of the deposit required before we process the order.
4.2 Full payment must be received in cleared funds into BY ELORA’s bank account before final delivery can take place. The reference to ‘full payment’ means: the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit previously paid by you will be applied by us towards part payment of the price of the Products.
4.3 Payment can be arranged by bank transfer (EFT), credit or debit card, finance (subject to approval) or cash.
4.4 Company or personal cheques are not accepted for the purchase of any Products.
4.5 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges).
4.6 At the time that you place your order and pay the deposit for that order, we will provide a confirmation that specifies the details of your order. The Sales confirmation becomes a proof of purchase after we receive your full payment.
5 RISK AND TITLE
5.1 All risk in Products passes to you on delivery or pick-up as specified below.
(a) If we deliver the Products, delivery occurs immediately after the Products are delivered to the delivery address; and
(b) if you request to pick up the Products from BY ELORA then once the Products are collected by you in the showroom, as applicable.
5.2 For showroom collections, you are solely responsible (and therefore you accept the entire risk) for moving the Products from the showroom and loading into your vehicle. BY ELORA will not be liable for any loss or damage incurred, if they do so.
5.3 All title in the Products passes to you upon receipt by BY ELORA of the full payment for the Products and all other charges payable by you pursuant to the Sales Confirmation and these Terms.
6 DELIVERY OR COLLECTION
6.1 Once you have placed your order, you may nominate to have the Products delivered to you or collected by you.
6.2 If you nominate collection this be from our Sydney or Melbourne showroom as specified by you.
6.3 If you nominate delivery:
(a) The estimated delivery date will be arranged with you in advance.
(b) Any date quoted for delivery is an estimate only.
(c) You must not defer the estimated delivery date without prior written consent from BY ELORA.
6.4 In the event that your order is ready for delivery sooner than the initial estimated Delivery Date, and if you accept an earlier estimated Delivery Date, then the earlier Delivery Date will become the new estimated Delivery Date. In these circumstances, the Terms that apply to the estimated Delivery Date will apply to the new estimated Delivery Date. In both cases,BY ELORA will notify you in order to confirm the prearranged Delivery Date.
7 CORRECT ADDRESS
7.1 You must ensure correct delivery address details are provided to BY ELORA at the time of order placement. We cannot deliver to PO Boxes. A person over the age of 18 years who is able to accept delivery must be available in person to accept the delivery of your order.
7.2 If the delivery is missed by you, we will organise redelivery and any costs for the redelivery incurred by BY ELORA will be passed on to you.
8 CANCELLATION OF ORDER
8.1 Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. All garments are custom made so we recommend that you check any proposed orders, quotes and invoices or online on the checkout page, whichever is applicable to you, before purchasing the Products. If you cancel your order BY ELORA will rescind the contract for sale of the Products by notice to you and you agree to forfeit the full payment if the manufacture of your Products has commenced.
9 DELAY IN DELIVERY OF YOUR PRODUCTS
9.1 BY ELORA will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond our reasonable control, except to the extent that the delay was caused by BY ELORA’s negligent act or omission.
9.2 We will use reasonable endeavours to meet the estimated Delivery Date. If we do not meet the estimated Delivery Date, BY ELORA’s liability will be limited, at BY ELORA’s option, to resupply the Products at a different time prior to your event.
10 PRODUCT VARIATIONS AND SPECIFICATIONS
10.1 Your Product may exhibit different characteristics to the sample or item in our showroom or images on the BY ELORA website. Please note custom handmade and hand dyed products sold by us may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as fabrics vary in colour and texture. Silks and other fabrics can exhibit variation in slubbing, marks and areas of differing density and shade, which are the hallmarks of genuine handmade products, and which vary each time we make another piece.
11 PRODUCT SUITABILITY
11.1 Please choose carefully as BY ELORA will not provide you with a refund or exchange simply because you have changed your mind, or the Products did not meet your expectations. BY ELORA will not be responsible for ensuring that the Products are suitable for a particular event. Unless Products are faulty (and subject to applicable laws), we are unable to refund, exchange or credit your account. BY ELORA will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Product(s) whilst they were in your possession or control.
12 GUARANTEE
12.1 BY ELORA products come with guarantees that cannot be excluded under Australian Consumer Law. If a failure with the product does amount to major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the product and to cancel the contract for the service and obtain a full refund.
13 LIABILITY
19.1 To the extent permitted by law, all other guarantees whether implied or otherwise, not set out in these Terms are excluded and BY ELORA is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(a) any increased costs or expenses;
(b) your use or misuse of the Products;
(c) any delays in delivery of the Products;
14 ACCURACY OF INFORMATION
14.1 While BY ELORA claims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While BY ELORA has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. BY ELORA does not accept any responsibility for any error, omission or defect in the information provided on its website. Where the price for a Product on the BY ELORA website is different to the price discussed in the BY ELORA Showroom, the price displayed in the BY ELORA Showroom will be considered the correct price.
15 INTELLECTUAL PROPERTY
15.1 You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, and registered designs remain the property of BY ELORA.
16 PRIVACY
16.1 We do not collect personal information in connection with BY ELORA’s dealings with you. If so, we will abide by BY ELORA’s Privacy Policy, a copy of which is available on our website.
17 GENERAL
17.1 Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between BY ELORA and you for the purchase of the Products.
17.2 If any part of these Terms is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.
18 CONTACT – BY ELORA CUSTOMER SERVICE
For further information please contact BY ELORA Customer Service:
Phone: +61421476816