PART A: INTRODUCTION
These terms govern the use of rebeccavallance.com ("this Website") and the purchase of any goods from it.
By accessing, using, browsing, registering with, contributing to, or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Rebecca Vallance Pty Ltd ABN 80 137 453 06 and apply to the ordering, purchase, fulfilment and delivery of goods from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Care Team and a representative will be happy to assist you. The Customer Care Team operates from Monday to Friday (excluding public holidays in Sydney, Australia) from 9:00 am until 5.00pm (Australian Eastern Standard/Daylight Savings Time).
You can contact our team via phone on +612 8074 5338 or via email.
The following definitions are used in these Terms and Conditions.
Rebecca Vallance Retail Store means a physical (not online) retail outlet trading under the name Rebecca Vallance and listed as a “Rebecca Vallance Boutique” at https://www.rebeccavallance.com/boutiques/.
Business Day means a weekday in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Rebecca Vallance.
Delivery Fee means the fees charged for the delivery of Goods.
Gift Card means an electronic or physical gift card issued through this Website or a hard copy gift card issued through a Rebecca Vallance Retail Store, through the acquisition of which you or a recipient may make non-cash payments for goods from Rebecca Vallance.
Goods means the items offered for sale which are described or displayed on the Website.
GST has the meaning provided by 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 Rebecca Vallance on the Website.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
- 1. where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);
- 2. where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority).
Returns Policy means the Rebecca Vallance Returns Policy found on the Website at Exchanges and Returns.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
we or us or our or Rebecca Vallance means Rebecca Vallance Pty Ltd ABN 80 137 453 064.
Website means https://www.rebeccavallance.com/
you or your means you as the user of the Website, including as a purchaser of Goods from Rebecca Vallance.
PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE REBECCA VALLANCE WEBSITE
2. COMPLIANCE WITH TERMS AND CONDITIONS
- 2.1 You agree to be bound by the Terms and Conditions when you submit an Order.
- 2.2 Each Order you submit will be a separate and binding agreement between you and Rebecca Vallance with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS
- 3.1 You may place an Order through the Website by submitting the electronic Order form on the Website.
- 3.2 An Order submitted by you in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
- 3.3 You acknowledge that all Orders through the Website are with respect to Goods intended for non-commercial, personal and domestic use only and quantity restrictions may apply.
- 3.4 In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Rebecca Vallance will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Rebecca Vallance is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Rebecca Vallance. You agree to obtain consent from the recipient of a gift when providing their personal details to Rebecca Vallance.
- 3.5 You may Order from Rebecca Vallance if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
- 3.6 You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy, including where payment has been made wholly or partly by Gift Card.
- 3.7 Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee (if any) will apply to each Order in accordance with clause 7.
- 3.8 You will be provided with an automatic Order number upon submission of your Order. The Order number is required when contacting our Customer Care Team.
- 3.9 In submitting an Order you represent and warrant to Rebecca Vallance that:
- 1. you are over the age of 18;
- 2. you have read and agree to these Terms and Conditions; and
- 3. you have complied with all applicable Laws.
4. ACCEPTANCE AND REJECTION OF ORDERS
- 4.1 Rebecca Vallance reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. Rebecca Vallance retains the right to determine what it can and cannot deliver to any particular location.
- 4.2 When we accept an Order, it represents an agreement by Rebecca Vallance to supply you the Goods in accordance with the Order and these Terms and Conditions.
- 4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Rebecca Vallance will not be liable to you for your loss or that of any third party for the rejection of an Order.
- 4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Rebecca Vallance is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
- 4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we may reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
- 5.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Rebecca Vallance will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Rebecca Vallance is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- 5.2 We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Rebecca Vallance will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
- 5.3 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Rebecca Vallance will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
- 5.4 You acknowledge and agree that:
- 1. all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- 2. you have read any corresponding written description of the Goods prior to submitting your Order;
- 3. the colour of Goods as shown on the Website may vary slightly in shade in real life;
- 4. where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- 5. any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENT
- 6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.
- 6.2 Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there may also be an additional admin charge from our logistics partner for handling the customs clearance.
- 6.3 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or payment service. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or payment service.
- 6.4 Rebecca Vallance reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
- 6.5 In respect of any Order, we will charge you and you agree to pay to us:
- 1. the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
- 2. the Delivery Fee (if any).
- 6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which include but are not limited to credit card, Afterpay, Zip, Openpay and Paypal. When paying, you authorise Rebecca Vallance to debit your nominated card or account at the time you submit your Order.
- 6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Rebecca Vallance before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
- 6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- 6.9 You will receive an invoice by email once payment in respect of your Order has been processed.
- 6.10 Rebecca Vallance uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
- 7.1 Rebecca Vallance uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
- 7.2 You should refer to the Delivery section of the Website for the applicable Delivery Fee for the Goods.
- 7.3 Indicative delivery time frames are set out in the Delivery section of the Website.
- 7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
- 1. Rebecca Vallance cannot guarantee that delivery will occur in the stated delivery time frames;
- 2. delivery time frames may change from time to time due to unforeseen circumstances; and
- 3. except where required by applicable law, Rebecca Vallance is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
- 7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
- 7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
- 7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact our Customer Care Team using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
- 7.8 Upon delivery, you should inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you should contact our Customer Care Team as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you should call our Customer Care Team, or can return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
- 7.9 You warrant to Rebecca Vallance that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
- 9.1 Unless provided for under these Terms and Conditions, Rebecca Vallance is not obliged to accept any request by you for a cancellation or amendment of an Order. If you discover you have made a mistake with your Order after you have submitted it to Rebecca Vallance via the Website, you may request the Order be cancelled or amended. Rebecca Vallance does not guarantee that it will be able to cancel or amend the Order in those circumstances.
- 9.2 If you have made an Order and Rebecca Vallance is unable to process the Order or Rebecca Vallance does not accept the Order, Rebecca Vallance will notify you and the Order will be cancelled.
- 9.3 Rebecca Vallance will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by Rebecca Vallance.
- 9.4 On occasion, Rebecca Vallance may cancel styles after the end of a trunkshow due to production reasons. If your Order or Goods have been cancelled, you will be notified immediately and refunded for the full deposit amount to the original method of payment. Refunds should be reflected on your statement within five (5) business days.
- 9.5 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Rebecca Vallance is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- 9.6 It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Rebecca Vallance is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
- 10.1 Rebecca Vallance offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. If your code is lost or stolen it will not be reissued.
- 10.2 Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any % off, are not available when purchasing gift cards.
- 11.1 In this Part C:
- Remaining Gift Card Value means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms and Conditions.
- 11.2 To purchase a Gift Card from the Website, navigate to Gift Certificates on the Website select the Gift Card of choice and fill in the required information on the online form. Once completed add to your cart and then proceed to payment/checkout as normal. Once you complete the online transaction and it is validated, an e-Gift Card’s will be sent via email to the recipient email address nominated in the form. It is then ready to use on the Website.
- 11.3 You may also purchase a Gift Card from a Rebecca Vallance Retail Store. Once purchased and value loaded onto the Gift Card, it is then ready to use at a Rebecca Vallance Retail Store
- 11.4 Gift Cards may not be used to make purchases by email or facsimile, pay store accounts, credit card or other bills or purchase other Gift Cards or other legal tender.
- 11.5 Gift Cards are treated like cash. If your Gift Card is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Rebecca Vallance, its agents or contractors.
- 11.6 To redeem a Gift Card at the Website, at the point of checkout, select “Coupon/Gift Certificate” in the checkout and insert the Gift Card details requested.
- 11.7 You agree that we can reduce the Remaining Gift Card Value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by giving us, or another person, details of the Gift Card and authorising the transaction in some other way, including at the Website.
- 11.8 When you authorise a transaction you are confirming that the transaction correctly represents the purchase price of the goods or services obtained and you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
- 11.9 Gift Cards purchased from 28 March 2018 expire thirty six (36) months from the issue date. Gift Cards purchased before 28 Match 2018 expire twelve (12) months from the issue date. Any unused amount after the expiry date of the Gift Card is forfeited and will not be refunded or credited. Gift Cards cannot be reloaded.
- 11.10 Gift Cards cannot be cancelled once they are issued except if voided by Rebecca Vallance, if their value is used or if they expire. We reserve the right to void any Gift Card that appears to have been defaced, mutilated, purchased fraudulently, altered or tampered with in any way and Rebecca Vallance may subject Gift Cards to a verification process. We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except where a Gift Card is void) we will elect to provide a refund or a replacement Gift Card. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
- 11.11 You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance and expiry date at any time by calling +612 8074 5338.
- 11.12 You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us. If you have reason to believe that an error has occurred in relation to your Gift Card, you should call +612 8074 5338 or contact us by email.
- 12.13 Additional terms and conditions regarding the use of Gift Cards may be set out on the Website.
- 13.1 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.
- 13.2 Rebecca Vallance is not liable or any Loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your Account login information secure. You must not use another person’s Account without Rebecca Vallance’s, and/or the other person’s, express written permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify Rebecca Vallance immediately and take immediate steps to re-secure your Account (including by changing your password).
- 13.3 Rebecca Vallance may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.
- 18.1 Please be polite and only write in English.
- 18.3 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
- 18.4 Submissions should not include:
- 1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- 2. comments about other reviewers or bloggers
- 3. remarks making criminal accusations, or false, defamatory or misleading statements
- 4. material which impersonates others
- 5. spam or advertising
- 6. third party brand names or trademarks
- 7. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- 8. HTML code, computer script or website URLs
- 9. availability, price or alternative ordering or delivery information
- 10. information about Rebecca Vallance’ suppliers or manufacturers
- 18.5 Rebecca Vallance, in its absolute discretion, reserves the right to:
- 1. not publish the Submission or remove it
- 2. take any appropriate action if deemed necessary
- 3. remove reviews which relate to seasonal products which are no longer in season
- 4. Please let us know if you see any Submissions which do not comply with our rules.
- 19.1 The Website and all material provided on the Website are owned or licensed by Rebecca Vallance, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Rebecca Vallance.
- 19.2 Various trademarks displayed on the Website (whether registered or otherwise), including REBECCA VALLANCE are owned by us. Other product and company names mentioned on the Website may be the trademarks of other people or entities. The trademarks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner.
- 19.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.
- 20.1 The information contained on the Website is provided by Rebecca Vallance in good faith. To the best of Rebecca Vallance' knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Rebecca Vallance and its related bodies corporate, and their directors, officers, employees, and agents ("Rebecca Vallance' Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
- 20.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Rebecca Vallance excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
- 21.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Rebecca Vallance will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website or resulting from use of goods or services supplied to you, or on your behalf, through the Website.
- 21.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Rebecca Vallance or Rebecca Vallance' Associates in connection with goods or services supplied to you will, at the election of Rebecca Vallance, be limited to:
- 1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- 3. In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
- 21.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
- 29.1 Rebecca Vallance reserves the right to, at its discretion, terminate your access to and use of the Website:
- 1. for convenience, at any time, upon provision of notice to you;
- 2. immediately:
- (a) if Rebecca Vallance reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
- (b) 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).
- 1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- 2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- 3. The Promotion will be conducted during the Promotion period.
- 4. The Prize/s are specified in the Details of prizes section of the Schedule.
- 5. The total prize pool is specified in the Total prize value section of the Schedule.
- 6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
- 7. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
- 8. Entrants agree to comply with any conditions which accompany the Voucher.
- 9. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
- 10. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- 11. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- 12. The time of entry will be deemed to be the time the entry is received by the Promoter.
- 13. Entrants may submit up to the Maximum number of entries (if applicable).
- 14. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- 15. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
- 16. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
- 17. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
- 18. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- 19. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- 20. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
- 21. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- 22. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- 23. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- 24. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
- 25. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- 26. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
- 27. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
- 28. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
- 30. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
- 31. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
- 32. Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
8. RISK AND TITLE
8.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
10. PROMOTIONS AND DISCOUNTS
PART C: SPECIFIC GIFT CARD TERMS AND CONDITIONS
11. GIFT CARDS
PART D: REBECCA VALLANCE ONLINE ACCOUNT
PART E: TERMS AND CONDITIONS FOR SUBMISSIONS
14. OWNERSHIP OF SUBMISSIONS
14.1 Other than personal information which is subject to our Returns Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Rebecca Vallance on or through the Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Rebecca Vallance once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Rebecca Vallance the rights set out in these Terms and Conditions in respect of your Submissions.
15. SOCIAL NETWORKING SITES
16. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS
16.1 A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Rebecca Vallance of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Rebecca Vallance’ related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.
17.1 Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Rebecca Vallance’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).
18. RULES FOR SUBMISSIONS
PART F: GENERAL
19. COPYRIGHT AND TRADEMARKS
21. LIMITATION OF REBECCA VALLANCE’S LIABILITY
22.1 You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
23.2 You represent and warrant to Rebecca Vallance that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Rebecca Vallance.
24. VIRUS WARNING
24.1 All care is taken to ensure that the Website and data transmissions are free from viruses. However, Rebecca Vallance cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Rebecca Vallance entirely of all responsibility for any consequences of its use.
26. THIRD PARTY SITES
26.1 The Website may contain links to third party sites. Rebecca Vallance is not responsible for the condition or content of those sites as they are not under Rebecca Vallance’s control. You access those sites and/or use those sites’ products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Rebecca Vallance of the sites or the products or services provided on the sites. Rebecca Vallance does not permit any linkages to the Website without prior permission.
26.2 Any third-party advertising on Rebecca Vallance’s pages of third party social networking sites are not the responsibility of, or endorsed by, Rebecca Vallance. All rights, including copyright in Rebecca Vallance’s pages, are owned by or licensed to Rebecca Vallance. Any use of any Rebecca Vallance’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Rebecca Vallance. All worldwide rights reserved.
27. ELECTRONIC COMMUNICATIONS
27.1 You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
28. SECURITY AND VIRUSES
28.1 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
30.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia or New South Wales Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card. In any purchase of Goods, your transaction is deemed to have taken place in Alexandria, New South Wales.
30.2 The Website may be accessed from Australia or overseas. Rebecca Vallance makes no representations that the content of 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 the site if and to the extent that they are applicable.
30.3 Only you and Rebecca Vallance shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
30.4 Rebecca Vallance reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Rebecca Vallance with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.
30.5 Rebecca Vallance may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.
30.6 Any provision of these Terms and Conditions 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 and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
30.7 A failure or delay by Rebecca Vallance to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Rebecca Vallance does not preclude its future exercise or the exercise of any power or right.
PART G: PROMOTIONS & OFFERS
31. CURRENT OFFERS
SALE: Selected styles only, while stocks last. Prices are as marked. Time frame and nature of each sale varies.
Please note that unless specifically mentioned, all promotions and offers cannot be used in conjunction with any other promotions, offers or used to purchase Gift Cards.
30% OFF SELECTED STYLES
Get up to 30% Off selected styles (“Discount”) at Rebecca Vallance online store (www.rebeccavallance.com) or Rebecca Vallance retail stores here subject to these terms and conditions (the "T&Cs"):
• This promotion is run by Rebecca Vallance Pty Ltd and/or its affiliates trading as “Rebecca Vallance”.
• To redeem this offer, purchase any product located at https://www.rebeccavallance.com/sale/sale-edit / and the Discount will be automatically deducted at checkout
• The Discount is available on an eligible order placed from 07:00 AEST on 13 September 2022 up to and including 23:59 AEST on 18 September 2022 (the “Promotion Period).
• The Discount cannot be combined with any other promotion, discount, offer, code, certificate, or coupon (including SALE and the purchase of gift cards).
• The Discount is non-transferable, non-exchangeable and no cash alternative is offered.
• Rebecca Vallance reserves the right at our discretion to revoke, suspend, cancel and/or amend the offer and these T&Cs at any time and without notice.
• In the event of a dispute regarding this promotion, the decision of Rebecca Vallance is final and no correspondence or discussion shall be entered into.
Need assistance? Email firstname.lastname@example.org, call us on +612 8074 5338 or click on the live chat icon on the right hand corner of your screen Monday – Friday 9am – 5pm AEST.
32. GIFT CARD GIVEAWAY
|PROMOTION NAME||Rebecca Vallance Online Gift Card Giveaway|
|ELIGIBLE STATES AND TERRITORIES||Australia Only|
|PROMOTION PERIOD|| Start: 1st October 2022 9:00 AM AEDT
End: 31st October 2022 11:59 PM AEDT
No entries will be accepted outside this time.
|PROMOTER|| Rebecca Vallance Pty Ltd ABN 80 137 453 064
37 Doody Street Alexandria NSW 2015
|ELIGIBLE ENTRANTS||Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older.|
|DETAILS OF PRIZES||1 x $1000 Online Gift Voucher
Total prize value: $1000AUD
|TOTAL NUMBER OF PRIZES||1|
|TOTAL PRIZE VALUE||Total prize pool (inc GST): $1000AUD|
|METHOD OF ENTRY||Join the Rebecca Vallance mailing list|
|MAXIMUM NUMBER OF ENTRIES||One|
|PRIZE DRAW||Entries close 31st October 2022 at 115p AEDT
Winner announced 1st November 2022 by 5:00pm AEDT
Location of draw:
37 Doody Street Alexandria NSW 2015
|NOTIFICATION OF WINNERS||Winners will be notified by email no later than 2 business days after each draw.|
|UNCLAIMED PRIZE DRAW||A random unclaimed prize draw will occur by 5:00 PM AEDT on 25 January 2023.
Location of draw:
37 Doody Street Alexandria
Sydney NSW 2015
|NOTIFICATION OF UNCLAIMED PRIZE WINNERS||Unclaimed prize winners will be notified by email no later than 2 business days after each draw.|
TERMS AND CONDITIONS OF ENTRY