1.1. GENERAL
The website www.collectionsbykatiem.com.au and the associated applications (“Site”) is owned and operated by KATIE.M and its subsidiaries (t/as and referred as “COLLECTIONS BY KATIE.M”, “we”, “our”, “us” or the “Company”).
These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product, you agree to be legally bound by these Terms and Conditions.
1.2 ACCESS AND USE OF THE SITE
1.2.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.
1.2.2 You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
1.2.4 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address.
(b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
1.2.5 You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on the Services (including product reviews, the items you select as part of “Saved Items”) will be able to be viewed by other users of the Services and through third party services and websites. You can go to your account “Settings” page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
1.2.6 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. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.2.7 You must not use another person’s Account without our, and/or the other person’s, express 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 us immediately and take immediate steps to re-secure your Account (including by changing your password).
1.2.8 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
1.2.9 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
1.3 INFORMATION ON THIS SITE
1.3.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to COLLECTIONS BY KATIE.M.
1.3.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
1.3.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
1.3.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
1.4 ACCOUNT REGISTRATION
1.4.1 In order to register, you are required to provide your username, email address and password. You are also able to add a profile and bio, and add user preferences.
1.4.2 All personal details disclosed by you on the Services will be collected and processed in accordance with our Privacy Policy and Cookie Policy. You warrant that all the information you provide to us is accurate and complete.
1.4.3 You agree to register with COLLECTIONS BY KATIE.M and access and use your account solely for personal use. You may not authorise others to use your account.
1.4.4 You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
1.5.5 You shall promptly notify COLLECTIONS BY KATIE.M of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.
1.5.6 You warrant that all registration information and personal details provided to COLLECTIONS BY KATIE.M is true and accurate.
1.6 FACEBOOK CONNECT
1.6.1 You can elect to register using Facebook Connect, which allows you to register with COLLECTIONS BY KATIE.M via your Facebook account.
1.6.2 If you decide to do this, you give us permission to access basic information from your Facebook account.
1.6.3 This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy.
1.6.4 We have no control over individual account privacy settings on such services or policies on how your personal information will be used.
1.6.5 You and Facebook are in control of these matters, not us.
1.6.6 Before using these features, you are encouraged to read all policies and information on Facebook to learn more about how they handle your information.
1.6.7 COLLECTIONS BY KATIE.M is not responsible for any acts or omissions by Facebook and any connected social media service providers’ use of features that come from Facebook’s platform.
1.7 FINDING AND BUYING OUT OF STOCK ITEMS
If an item is out of stock, you may ask us to locate the item on your behalf via the form provided on the relevant product page.
We will let you know by email if we are able to locate the item for you. We will then send you a tailored checkout page where you will be able to place the order for the item(s) with the retailer, via COLLECTIONS BY KATIE.M.
1.8 BUYING CURATED PRODUCTS (PARTNER RETAILER)
COLLECTIONS BY KATIE.M is an online intermediary which partners with some of the world’s best known brands to give you a wide array of fashion items to buy.
Curated products are purchased directed from the COLLECTIONS BY KATIE.M Partner website.
When you select a particular product that you wish to buy, you will be taken directly to the third party COLLECTIONS BY KATIE.M merchant (the “COLLECTIONS BY KATIE.M Partner”) website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details.
The personal details you enter on these COLLECTIONS BY KATIE.M Partner websites will be collected, stored and processed in accordance with the terms and conditions and privacy policy of these websites.
You must read and accept the terms and conditions and privacy and cookie policies of the COLLECTIONS BY KATIE.M Partner website before purchasing your items from them.
COLLECTIONS BY KATIE.M is not responsible for the terms and conditions, privacy policies of and/or practices on other sites.
The COLLECTIONS BY KATIE.M Partners are solely responsible for any and all issues related to products and services offered on their websites, including but not limited to issues arising from the processing of your transactions on the COLLECTIONS BY KATIE.M Partner websites.
We are only responsible for personal information collected on the Services. Please see our Privacy Policy and Cookie Policy for further information.
1.9 PAYMENTS TO COLLECTIONS BY KATIE.M PARTNER WEBSITES
If you are making a payment on one of our COLLECTIONS BY KATIE.M Partner websites, payment can be made by any card accepted by the COLLECTIONS BY KATIE.M Partner that delivers the product.
You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the COLLECTIONS BY KATIE.M Partner.
1.10 PAYMENTS FOR COLLECTIONS BY KATIE.M BRAND
If you are making a payment for COLLECTIONS BY KATIE.M clothing, we accept Visa, MasterCard, Amex, PayPal, Bank transfer, and International wire transfers.
It is your responsibility to ensure that you review the terms and conditions before placing an order.
1.11 GENERAL INFORMATION ABOUT ONLINE PAYMENTS
- However you pay for an item, you will need to follow instructions on the relevant checkout page.
- All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
- If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
- We take reasonable care to make our site secure.
- All billing and customer information transmitted by COLLECTIONS BY KATIE.M will be fully encrypted and only used to process card transactions which you have initiated. Please note, however, that we are not responsible, and have no liability, for transactions which are made on our COLLECTIONS BY KATIE.M Partner websites.
- Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering through the Services.
1.12 STORAGE OF YOUR INFORMATION
- If you are a COLLECTIONS BY KATIE.M member, your shipping and billing details will be stored in accordance with our Cookie Policy and the Services will remember your shipping and billing details the next time you go to purchase COLLECTIONS BY KATIE.M CLOTHING.
- If you are not a COLLECTIONS BY KATIE.M member, you may be required to enter your shipping and billing details each time you purchase an item.
1.13 ACCESSING THE SERVICES
- Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period.
- We reserve the right to modify, restrict access or terminate access to the Services at any time.
- From time to time, we may restrict access to some or all parts of our Services.
- You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
1.14 INDEMINITY
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
1.15 MEDIATION AND DISPUTE RESOLUTION
In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
1.16 GENERAL
1.16.1 ENTIRE AGREEMENT
These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
1.16.2 ASSIGNMENT
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
1.16.3 FORCE MAJEURE
We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
1.16.4 WAIVER
No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
1.16.5 NOTICES
Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
1.16.6 THIRD PARTY RIGHTS
All provisions of these Terms and Conditions apply equally to and are for the benefit of The Iconic, its subsidiaries, any holding companies of The Iconic, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).
1.16.7 SURVIVAL
The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
1.16.8 SEVERABILITY
If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
1.16.9 GOVERNING LAW
These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
1.16.10 CHANGE OF TERMS & CONDITIONS
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
1.17 DEFINITIONS AND INTERPRETATION
1.17.1 DEFINITIONS
In these Terms and Conditions unless the contrary intention appears:
Account means the account that you will need to register for on the Site if you would like to submit an Order on the Site in accordance with clause 1.4 of these Terms and Conditions;
Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Business Day means a day which is not a Saturday, Sunday or a public holiday in Perth Australia;
Company means KATIE.M and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
Confirmation of Order means our email to you, in which we accept your Order;
Contract means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with this Terms and Conditions;
Delivery means the process in clause 4 of these Terms and Conditions;
Delivery Fee means any charges you are liable to have the products delivered to the address provided by you;
GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
Order means the order submitted by you to the Site to purchase products from us.
1.17.2 INTERPRETATION
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.