TERMS AND CONDITIONS
Appointment Fee has the meaning given in clause 3(a)
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended from time to time).
Confirmation Date means 5.00pm (NSW time) on the day following the date that you place an Order and the date that you provide EBB with any Measurements it has requested (whichever is later).
Delivery Address has the meaning given in clause 8(a).
Delivery Date has the meaning given in clause 8(c).
Measurements has the meaning given in clause 1.
EBB means Em Collective Pty Ltd ACN 639466318 and ‘we’, ‘us’, and ‘our’ have a corresponding meaning.
Order has the meaning given in clause 1(a).
Privacy Law means Privacy Act 1988 (Cth) and the European Union General Data Protection Regulation 2016/679.
Product means EBB bridal wear or accessories or any other products that you request EBB to supply to you by placing an Order.
Purchase Price has the meaning given in clause 2(a), subject to adjustment in accordance with these terms.
Rush Order means an Order accepted by EBB for Product to be delivered within an agreed, expedited time frame.
Sales Taxes means all indirect sales and consumption taxes applicable to or levied upon the supply of any Product by EBB to you in any relevant jurisdiction, including without limitation, GST, VAT and similar taxes.
Standardised Sizing means the garment size of Product that EBB determines is closest to the Measurements provided by you, having regard to the specifications generally used in ready-to-wear or off-the-rack sizes.
Terms means the terms and conditions set out in this document, as modified in accordance with clause 20 from time to time.
Website means https://www.embridalboutique.com.au
You means the buyer of Product from EBB under these Terms.
- These Terms apply to every order you make to purchase Product from EBB placed via the Website (Order). These Terms will be binding on you by you doing one or more of the following:
- using the Website;
- booking a fitting;
- placing an Order; or
- accepting delivery of the Product;
and you acknowledge that these Terms will then apply.
- These Terms do not apply to any purchases of EBB products from a third party stockist or reseller.
- These Terms and the Order constitute the entire agreement between EBB and you. All prior correspondence does not form part of and will not affect the interpretation of these Terms.
- Unless otherwise agreed in writing between you and EBB, the price payable by you for each Product is as specified on the Website at the time of the Order (Purchase Price), less any Appointment Fee redeemable under clause 2(a) The Purchase Price excludes delivery costs, alteration costs and Sales Taxes unless otherwise stated.
- Any price indications or price lists provided to you or available on the Website from time to time are subject to alteration, replacement or repeal by EBB in its discretion.
- If you are ordering from outside Australia, import duties, taxes and custom charges may be applicable in your home country and are payable by you in addition to the Purchase Price.
- Booking a fitting
- Fittings for Product can be booked via the Website. An appointment fee (as determined by EBB and notified to you at the time of booking) is payable to secure your booking (Appointment Fee). If you cancel or change your fitting less than 48 hours prior, the Appointment Fee will be retained by EBB and is not refundable or transferable. Please see the appointment guidelines on the Website for information on fittings.
- If you place an Order following your fitting, the Appointment Fee will be refunded to you.
- We make your Order based on the size and any notes, specifications, fitting details or other information you supply EBB while placing the Order or that EBB subsequently requests from you (Measurements). It is your responsibility to:
- provide us with the correct Measurements. This includes measuring with reference to Standardised Sizing and measuring from your hollow to hem with shoes on;
- place the Order by following the prompts on the Website;
- review the final Order and Measurements and ensure they are correct. If incorrect, any corrections to an Order must be sent to us in writing before the Confirmation Date.
- You must provide EBB with any further Measurements EBB requests, before EBB has any obligation to schedule or commence the manufacturing of any Product or supply the Product.
- If you plan to lose weight before your wedding, you must advise EBB of this at the time of placing your Order and then provide EBB your updated sizing no later than six months before your wedding day. If you do not provide your updated sizing, EBB will manufacture the Product in accordance with your initial Measurements and is under no obligation to seek updated sizing from you.
- EBB is not liable for any error, omission or inaccuracy in Product resulting from incorrect or incomplete Measurements provided by you, or from any corrections notified to us after the Confirmation Date. EBB is not obliged to confirm or verify your Measurements. EBB stylists or other personnel take no responsibility in remembering the details from your fitting and/or communicating these to EBB.
- Orders (except Rush Orders) must be placed no later than 10 months before your wedding day, to allow for our manufacturing and delivery time and allow you time to complete alterations. Rush Orders must be placed at least 3 months before your wedding day. No Rush Orders will be accepted during December to March inclusive without our agreement in writing.
- An Order may be accepted or rejected at our absolute discretion. A request for Measurements does not indicate we accept an Order.
- Your payment
- You must pay the Purchase Price to EBB in full, and provide EBB with any Measurements EBB requests, before EBB has any obligation to schedule or commence the manufacturing of any Product or supply the Product.
- You may pay using PayPal, via direct deposit to our bank or any other method EBB may offer from time to time. You confirm that the credit card, bank or PayPal account that is being used is yours. If you make any payment by credit card, EBB may apply a surcharge equal to the surcharge charged by EBB’s bank at the time of payment.
- All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses or does not, for any reason, authorise payment to EBB, whether in advance or subsequent to a payment, EBB will not be liable for any delay or non-delivery.
- No changes to an Order
- You acknowledge and agree that all Product is made to order based on your Measurements. EBB does not offer refunds for change of mind or for cancellation of a wedding and cannot accommodate requests for changes in those circumstances. We reserve all rights to refuse any requests for variations submitted after the Confirmation Date (such as a variation to the wedding day, dress size, colour, style, design, Delivery Address or other details).
- EBB may in its absolute discretion accommodate a request to vary an Order, depending on the nature and scope of the variation, and on the condition that:
- the Order is not a Rush Order;
- manufacturing of the Product has not yet been scheduled; and
- EBB has received written confirmation from you of the requested variation.
- To avoid doubt, you acknowledge and agree that Rush Orders cannot be varied unless otherwise agreed by us in writing.
- If EBB accepts a variation to the Product that will result in an increase to the Purchase Price (as result of additional manufacturing, alteration, delivery or other costs being incurred by EBB) you must pay the increase prior to EBB proceeding with the requested variation. You indemnify and keep indemnified EBB from any additional cost, liability and expense incurred by EBB should you make changes to the Order.
- Dress alterations
- Given all Product is based on Standardised Sizing, one or more alterations are required to achieve the best fit. It is your responsibility to arrange such alterations and pay for the associated costs. We recommend you visit one of EBB’s preferred seamstresses, who are experienced with EBB Products.
- Our dresses can be altered to increase or decrease by one full Standardised Size. However, you acknowledge that altering the Product to this extent (or greater) may compromise its original design.
- EBB will not be liable for any damage or error caused to or suffered by the Product during any alteration services.
- EBB (via any delivery contractors we use from time to time) will arrange for the Product to be delivered to the address specified by you in the Order (Delivery Address).
- For Rush Orders, it is your responsibility to provide us with an appropriate Delivery Address that is not likely to change before delivery, and for all other Orders, you must notify us in writing of any changes to the Delivery Address as soon as possible.
- Once manufacturing of the Product is complete, we will deliver the Order to the Delivery Address. The date of delivery will be as notified to us by Australia Post or any other delivery contractor we use (Delivery Date). All products require a signature on delivery. You must ensure you or someone else is available at the Delivery Address to sign for your Product.
- EBB may charge you a delivery fee for delivery of the Product (in addition to the Purchase Price), that will be notified to you at the time of placing your Order. You acknowledge that any special delivery requirements requested by you may incur additional costs and are subject to availability and timeframes. You agree to pay us for such additional costs.
- If the Product is returned to EBB as sender (due to an error or omission in the Delivery Address notified by you to EBB), EBB will store the Product for two weeks on your behalf, after which ownership in the Product transfers to EBB. You acknowledge that any Product returned and stored by EBB is at your risk and you accept responsibility for all loss, damage and/or deterioration caused to or suffered by the Product.
- To the extent permitted by law, we do not accept any liability whatsoever for delayed or failed delivery or Product that is lost or damaged during delivery, where the delay, failure, loss or damage is caused by you or any third party.
- Defects, errors, refunds
- The rights conferred on you in this clause 9 are in addition to and not intended to limit your rights under the Australian Consumer Law.
- You must try on the Product as soon as possible after delivery, without make-up, lotions or fake-tan. If you believe EBB has made an error with the Product you must notify EBB of the error in writing (with photos to show the error) within 72 hours of the Delivery Date. If notification is not received within this timeframe, then subject to the Australian Consumer Law, you shall be deemed to have irrevocably accepted the Product.
- Subject to any rights you may have under the Australian Consumer Law, if EBB accepts the Product as defective, EBB will at its discretion, replace the Product free of charge, repair or alter the Product (at EBB’s cost) or provide you with a credit or refund. EBB reserves the right to inspect Product prior to determining whether any defect or error exists. For the avoidance of doubt, at no time will EBB’s liability for any claim for defective Product exceed the Purchase Price.
- The following items are not defects in workmanship or materials and are excluded from the scope of clause 9(c):
- accidental damage caused by you, wear, tear, fraying or otherwise that appears or occurs after the Delivery Date;
- imperfections or variations in placement in any irregular or hand stitched fabrics such as lace;
- colour fading over time;
- failure to maintain and clean any part of the Product in accordance with any specific directions given to you or that accompany the Product.
- Title to Product
The legal and equitable title to the Product will only be transferred from EBB to you when the Purchase Price has been paid in full, or the Product has been delivered to the Delivery Address, whichever is the later. Legal title of the goods will immediately revert to EBB if we refund any such payment to you.
Risk in the Product passes to you upon you taking possession or control of the Product or upon title in the Product passing to you, whichever is the earlier. The responsibility for insuring the Product passes to you contemporaneously with the passing of risk.
- Intellectual Property
You acknowledge and agree that nothing in these Terms gives you any proprietary rights in or to any of EBB’s intellectual property (including, for the avoidance of doubt, all copyright subsisting in the designs and other materials generated by or on behalf of EBB in connection with the Product).
- EBB may collect, use and disclose that personal information for all purposes relating to the Order or fulfilling EBB’s obligations under these Terms. This includes processing the Order, scheduling of manufacturing, delivery of Product, market research, business development, marketing, debt collection, customer reference checks and dealing with personal information in connection with any acquisition or potential acquisition of any part of EBB’s business.
- You agree EBB may use your image and name for promotional purposes or on its social media pages. You may advise us at any time if you do not agree to such use.
- EBB may exchange personal information supplied by you with EBB’s related bodies corporate, your authorised representatives and EBB’s service providers that help us operate our business.
- Force Majeure
EBB is not liable for failure to perform its obligations under these Terms to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by EBB because of circumstances outside EBB’s control, failure of EBB’s systems or failure of a supplier to EBB, provided that EBB gives notice to you of the delay and uses reasonable efforts to remedy the cause of the delay.
- You may have certain rights and remedies under the Australian Consumer Law (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these Terms. For example, Products come with non-excludable guarantees that they are of acceptable quality and fit for the purpose for which they are commonly acquired. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would contravene that statute or cause any of these Terms to be void (the Non-excludable Liabilities).
- All conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on EBB are expressly excluded under these Terms. This does not apply to the Non-excludable Liabilities.
- Except in relation to Non-excludable Liabilities, EBB’s liability to you arising directly or indirectly under or in connection with these Terms or the performance or non-performance of these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
- EBB has no liability whatsoever to you for any loss, harm, damage, cost or expense (including legal costs on a full indemnity basis) in the nature of special, indirect or consequential loss or damage;
- for any liability relating to the Product not conforming to the Measurements or for any claim that the Product is defective or deficient, EBB’s liability to you is limited to replacing the Product, or repairing the Product (at the election of EBB), and the cost of re-delivery to you; and
- for all other liability relating to any other loss or damage suffered or incurred by you in any way relating to these Terms and the Product, EBB’s liability is excluded to the maximum extent permitted by law.
- In relation to EBB’s liability to you for a failure to comply with any Non-excludable Liability EBB acknowledges and agrees that:
Our 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 and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
- Electronic communications
You agree to have notices or other relevant information sent to you via email by EBB and to notify us of any changes to your contact details. If we cannot contact you on the details you provided, we will not be liable for any associated delays or non-delivery of the Product. EBB accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission or your access to, or the use of the Website or any information contained therein (including for the avoidance of doubt, any viruses, malicious code or other forms of interference which may damage your computer system). You agree to take your own precautions to ensure that the systems you use for email and accessing the Website do not expose you to risk and contain appropriate protection to prevent damage to your hardware and software caused by viruses, malicious code or other forms of interference.
Except as expressly set out in the Terms, a party waives a right under these Terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
If a provision of these Terms would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of these Terms.
EBB may at any time vary the Terms applicable to future Orders and may notify you of the changes or provide any other notice under or in connection with the Terms by email. EBB may also vary the Terms at any time by publishing the revised Terms on its website and the revised Terms become effective from the date of publication.
EBB may assign its rights, or transfer its obligations, under these Terms, (in whole or in part) to any of its related parties without your consent.
Notices given by EBB will be deemed to be received:
- if given by email, on being sent, provided the notice is sent to the email address you gave EBB and no automated reply is received indicating that the message has not been received by the recipient of that email address or is undeliverable to that email address;
- if given by post, on the third day after posting.
- Applicable Law
These Terms are governed by and interpreted in accordance with the laws of the State or Territory of Australia of the Delivery Address, and if the Delivery Address is outside of Australia, then these Terms are governed by and interpreted in accordance with New South Wales law. The parties submit to the jurisdiction of the relevant State or Territory courts.