Terms and Conditions for Buying Products and Just Browsing
Last updated on 10 August 2021
Isabella West Pty Ltd
ACN 650 036 383
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Isabella West.
In these terms, we also refer to Isabella West as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being isabellawest.com.au and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
By purchasing our Products and using our Website, you acknowledge and agree to the following.
Part A For When You Buy Products…
1. SUBMITTING AN ORDER
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
6.2. CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.
6.3. RETURNS AND EXCHANGES
(a) Due to the nature of the Products, we do not offer change of mind returns on Products or gift cards. This includes if you mistakenly purchase the wrong Product or gift card.
(b) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(ii) a Product is faulty, in accordance with clause 6.3(c).
(c) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost within 14 days of our request for further inspection, including any manuals, documentation or registration shipped with the Product. We recommend sending products back via a tracked shipping service. We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vi) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(d) Notwithstanding clause 6.3(c), if the Product you believe is faulty is disposable, personal hygiene items or intimates, we will request that you electronically send us evidence of the fault including photographs and videos. We will not request that you send the faulty Products back to us.
(e) Disposable, personal hygiene items or intimates includes (but is not limited to) feminine hygiene products, menstrual cups, tampons, pads, liners, reusable liners, period underwear, underwear, razors, blades, konjac sponges and facial pads.7. INTELLECTUAL PROPERTY
9. COLLECTION NOTICE AND PRIVACY
10. RATINGS AND REVIEWS
(a) You may rate a Product and/or may provide feedback on the Website regarding the Products or your experience with us (each a Review).
(b) Reviews can be viewed by any Website user and will remain viewable until the Product is removed or your Account is terminated.
(c) You must only provide true, fair and accurate information in your Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban you from using the Website, or posting further Reviews. We do not undertake to review each Review made by a customer.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may only write a Review about your own shopping experience or the Products you have purchased from us, which means that:
(i) you have purchased a Product from us via the Website; or
(ii) you have placed an Order with us via the Website; or
(iii) you can otherwise document your shopping experience with us, including via correspondence, customer service, or other interaction with us via the Website or otherwise,
(collectively referred to as a Shopping Experience).
(g) You may only write about your own Shopping Experience. You are not permitted to write a Review about somebody else’s Shopping Experience, such as that of a family member or friend.
(h) We may publish your Rating and/or Review on our platforms for the purpose of promoting Isabella West and the Products, including on our Website and social media accounts from time to time. You agree to us publishing your Rating and/or Review and associating your name with such Rating and/or Review.
Part B For When You Browse This Website…
11. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
12. INTERACTION WITH OUR SOCIAL MEDIA ACCOUNTS
(a) When interacting with our social media accounts (including but not limited to Facebook and Instagram) (our Platforms), you may have the opportunity to comment, post and contribute to discussions (Posted Materials).
(b) We reserve the right to remove the Posted Materials at our discretion at any time and remove you from our Platforms, including where:
(i) the Posted Materials offend other users in our community or is deemed by us to be offensive, including where the Posted Materials are harmful, discriminatory, illicit, illegal or defamatory;
(ii) the Posted Materials threaten, intimidate or bully other users in our community or Isabella West personnel;
(iii) the Posted Materials infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(iv) the Posted Materials are excessive such that hinders other users’ ability to contribute and interact with our Platforms;
(v) the Posted Materials are off topic and irrelevant to the content we share on our Platforms; or
(vi) your behaviour on the Platforms is otherwise inappropriate.
13. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Isabella West;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Isabella West, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
14. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
15. INTELLECTUAL PROPERTY
(a) Isabella West retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Isabella West or as permitted by law.
(c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
16. THIRD PARTY TERMS AND CONDITIONS
(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Isabella West will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
17. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
18. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform (currently Shopify), and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Isabella West does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
20. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms…
(a) (Disclaimer) You acknowledge and agree that nothing on the Website, including the sale of the Products, is intended to constitute medical, health, nutritional or professional advice and should not be relied on as such. We accept no responsibility from any adverse effects from using the Products or the information provided to you on the Website or on any of the Products. You are responsible for determining whether the Products are suitable for your requirements, including whether the Products are appropriate or safe for any allergies, skin conditions or current health circumstances. By using a Product, you acknowledge and agree that you have satisfied yourself completely on the suitability of the Products for yourself and that you have conducted your own research and enquiries before purchasing and/or using the Products.
(b) You acknowledge that Isabella West is not the manufacturer of the Products.
(c) To the maximum extent permitted by applicable law, Isabella West limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Isabella West, is limited to the greater of:
(i) the total Fees paid to Isabella West by you in the 3 months preceding the first event giving rise to the relevant liability; and
(d) Claims for loss of or damage to Products in transit must be made against the carrier.
(e) Products sold by Isabella West, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(f) All other express or implied representations and warranties in relation to Products and the associated services performed by Isabella West are, to the maximum extent permitted by applicable law, excluded.
(g) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(h) (Indemnity) You indemnify Isabella West and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by Isabella West.
(i) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Isabella West be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Isabella West (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
22. FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
23.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
23.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
23.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) A notice or other communication to a party under this agreement must be:
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given: