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T&CS

The Elle Ferguson website is owned and operated by Elle Ferguson ACN 618 984 900 (‘Elle Ferguson’) trading as ‘Elle Ferguson’. By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this site. All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the website.

1 Governing law

Elle Ferguson controls and operates this site from Elle Ferguson offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and Elle Ferguson agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

2 Revisions to T&C’s

Elle Ferguson may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.

3 Site content, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Elle Ferguson and Elle Ferguson related companies, affiliates, licensors and licensees.

4 Advertising & Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Elle Ferguson and Elle Ferguson is not responsible for the contents of any such information or website. Elle Ferguson provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Elle Ferguson. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

This site does not and will not provide age related barriers to sites which are not relevant or appropriate for minors. Parents and Guardians must monitor their child’s online activity in respect of this site and Elle Ferguson accepts no liability, claim or action in relation to said online activity.

5 Personal, non-commercial use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

a. Placing an order with Elle Ferguson; or
b. Using this site as a shopping resource, provided that you do not modify the site and that Elle Ferguson retain all copyright and other proprietary notices contained in the Contents.
c. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.

6 Prohibited conduct

You are not authorised, without the prior written permission of Elle Ferguson and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Elle Ferguson may be used without our prior, specific, written permission or that of the trademark owner.

7 Licence to use

You grant Elle Ferguson an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Elle Ferguson from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8 User conduct

You must not upload, post, transmit or otherwise make available through this site any material which: – violates or infringes the rights of others (including their privacy and intellectual property rights);

9 Indemnity

You agree to indemnify and will keep Elle Ferguson indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Elle Ferguson in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.

10 Products

Any order placed for a Product by you in the manner described in this site is an offer by you to purchase a Product for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery and/or ownership of the Product unless you ask us to cancel that order, and we send you written email confirmation of the cancellation prior to the Product being dispatched to you.

Elle Ferguson may change the prices published on this website at any time. Prices of Products placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Elle Ferguson is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. Our policies as to delivery and returns apply as set out in these T&C’s.

11 Price

All prices are inclusive of GST unless otherwise specified. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.

12 Delivery

Title to the products purchased on this site does not pass from Elle Ferguson to you until you have received the product. All risk in the Product passes to you upon delivery to your address.

13 Authority to Leave

Elle Ferguson will send your Product to your nominated address. You agree that the Product is deemed received when left at your premises. Elle Ferguson, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Elle Ferguson from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

14 Disclaimer

To the extent permitted by law, Elle Ferguson will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

a. the use, copying, or display of the contents of this site;
b. goods or services supplied by third parties and third-party websites under these T&C’s; or
c. a failure or omission on the part of Elle Ferguson to comply with Elle Ferguson obligations under these T&C’s.

15 Limitation of liability

Our total liability to you (if any) in connection with this site, or with these T&C’s or any goods or services supplied under them, will be limited, at our election, to:

a. in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this;
b. in the case of Products supplied or activated the cost of the activation; and/or
c. the amount paid by you to Elle Ferguson (if any).

16 Disclaimer of warranty

Elle Ferguson is providing this site and Elle Ferguson contents on an ‘as is’ basis and use of this site is at your own risk. Elle Ferguson and Elle Ferguson related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Elle Ferguson expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

17 Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010 .

18 Refunds and Cancellations

We are not required to provide a refund to you if you change your mind about engaging and using our services. If within the first twenty-eight (28) days of activation you have a major problem with our service, a minor problem that cannot be fixed within a reasonable time or if our services do not meet the consumer guarantees under the Australian Consumer Law, you can elect to cancel our services and/or receive a refund depending on the circumstances of the difficulty.

19 Copyright

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Elle Ferguson and its related companies, affiliates, licensors and licensees.

20 Liability

Elle Ferguson total liability is limited to errors which are related to shipping and delivery of, or the activation of, the Product. You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Elle Ferguson in connection with any use (whether authorised or unauthorised of your user name or password).

21 Disclaimer of Warranty

Elle Ferguson is providing this site and Elle Ferguson contents on an ‘as is’ basis and use of this site is at your own risk. Elle Ferguson and Elle Ferguson related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained – on this site. To the extent permitted by law, Elle Ferguson expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

22 Delivery time

Delayed delivery is not a basis for cancellation of the Product or a request for any compensation.

23 Guarantee

Any complaints must be submitted within one week of the delivery of the Product ordered by you or on activation of the Product to Elle Ferguson. Elle Ferguson‘s liability is limited to resupplying or reactivating the Product.

24 Termination

Your ability to access this site may be terminated by Elle Ferguson and at any time without notice. All restrictions, licences granted by you and limitation of Elle Ferguson’s liability will survive termination.

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