TERMS & CONDITIONS OF SALE
Unique Bridal Collection Australia agrees to provide you with the Goods on the following terms and conditions:
In these terms and conditions: Dress Sizes- Standard sizes and measurements for Goods. Goods - the goods specified on this Invoice. GST – has the same meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) GST Act – a New Tax System (Goods and Services Tax) Act 1999 (Cth) Order - placing an online, by phone or in-store order for the purchase of the Goods based on the Quote. Deposit- 50 per cent of the Purchase Price. Online Deposit- For orders made online, 50 per cent of the Purchase Price. Purchase Price - the amount specified in the Quote for the Goods and includes the postage and handling fees. Quality Control- Inspection of the Goods prior to supply to you in order to check for any faults and/or defects. Invoice - the invoice provided to you by Unique Bridal Collection Australia, Restocking Fee- 50 per cent of the Purchase Price. Tax Invoice – has the same meaning as in the GST Act. I, me, myself means Unique Bridal Collection Australia. You mean the customer referred to in this Invoice.
2. Terms and Conditions to Govern
You accept the Invoice by submitting the Order online or in-store. If you place an Order you agree to these terms and conditions. These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Unique Bridal Collection Australia unless made in writing, signed and approved by Unique Bridal Collection Australia. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
On placing the Order you must pay the Deposit or the Online Deposit if you are ordering the Goods online. The balance 50% is payable once your order has been completed. The remainder of the Purchase Price must be paid in full prior to collection or postage of the Goods.
If you then cancel the Order for any reason after seven (7) days from the date of the Order, you agree and acknowledge that a Restocking Fee of 50% of the total amount of this invoice is non-refundable. You agree that the Restocking Fee is a pre-determination of the liquidated damages that would flow to me as a result of your cancellation of the Order and represents the cost to Unique Bridal Collection Australia for restocking of the Goods in order to resell them.
If you cancel the Order within seven (7) days of the date of the Order, your Deposit or Online Deposit will be refunded if work has not commenced on making of the Goods. If work has commenced on making the Goods, you agree that a Restocking Fee of 50% of the total amount of this invoice is non-refundable.
Unless expressly included, the consideration for any supply under or in connection with the Quote does not include GST.
To the extent that the supply of the Goods is a taxable supply the recipient must pay, in addition to the consideration provided under this document for that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the additional amount at the same time as the consideration to which it is referable.
6. Sizes, Measurements, Final fitting; Desired fitting & Alterations
Our dresses can be ordered in standard sizes only. We will take your measurements and let you know your recommended size. It is highly recommended that you order one size up and then have the dress altered down. It is your responsibility to inform me in writing the size you wish to order. Please note that most standard size dresses need final alterations for a preferred / desired look and/or fit.
There is no way to the determine the extent of alterations and whether alterations will be needed to the goods before the goods are made. Any information given about the structure, fit, alterations or any other information given is based on feedback from previous clients and may vary from order to order. Any alteration(s) you may require in order to resize the Goods, is to be paid by you. Unique Bridal Collection Australia cannot be held responsible for any sizing or fitting issues. It is highly recommended that you choose a lace-up back for the closure of the dress. Should alterations be needed, I can refer you to Angela Dore Dressmaker or you may elect to retain your own alterer. The responsibility of any alterations is your own and to be undertaken at your own cost. Unique Bridal Collection Australia takes no responsibility for any changes made to the Goods after collection or delivery and can not accept any returns once alterations have been made in any way. I cannot guarantee your satisfaction, the size or the fit of the Goods after alterations have been made. Puckering may be present throughout the dress – this is not a fault in construction, but the way the material moves with your body and cannot be avoided.
I highly recommend that you get a qualified seamstress or tailor to take your measurements as outlined in the Measurement Guide provided to you by me. It is your responsibility to ensure you take correct measurements for the Goods. I do not take any responsibility for incorrect measurements or information provided to me by you. In the case where I measured you, you have to get re-measured by a professional seamstress to confirm your measurements.
In the case where you order standard-size goods, I recommend you select a larger size if you are in between two sizes and have the Goods altered to fit you at your own cost. I don’t carry enough stock to exchange the Goods for different Goods, only different sizes of the same design of the Goods if and when available.
I highly recommend you not to buy a dress that you have not seen and / or tried on in person as each dress is made individually and the fit on you will vary as there may be some variances.
If the material you have requested at the time of the Invoice and/or Order is unavailable or becomes unavailable, the dressmaker will endeavour to find a replacement material that is as close a match as possible to the ordered material. You agree that if the exact shade, style or colour of the material is or becomes unavailable you will allow the dress maker to provide you with the closest substitutes. You agree and acknowledge that you will not be provided with a refund of the Purchase Price if a substitution material is required.
8. Tailoring Time and Delivery
The time periods outlined in this clause for the making of the Goods begins only once I have received the deposit, measurements and final confirmation for the Goods. It will take approximately 16-20 weeks for the dressmaker to make a wedding dress. It will take approximately 12-16 weeks for our dressmaker to make bridesmaid’s dresses, flower girl dresses and other items available for purchase.
Work will not be undertaken on Goods over public holidays, Christmas and Easter holidays and any other holiday periods. You agree that you must take any and all holiday periods into account when placing your Order. You agree that it will not be my responsibility if you do not leave enough time prior to your wedding date or event to receive the Goods and have time for alterations, which may be necessary. You further agree that I cannot be held responsible in the case that you are unsatisfied with your Goods in any way and you need to purchase something else at a higher price.
Any delivery times made known to you are estimates only. You will be advised by me should the time be expected to exceed this estimate. You agree that I will not be liable for any late delivery and I will not be liable for any loss, damage or delay occasioned to you or any other person(s) arising from late delivery.
9. Quality & Satisfaction guarantee
Prior to any order made, whether online or in-person, you guarantee that you have seen the quality and workmanship of the dresses and it is acceptable and meets your satisfaction. The quality and craftmanship can be seen in-store or on my website at www.uniquebridalcollection.com. Please note due to screen resolution, fabric colours may appear lighter or darker in person.
I guarantee the same quality and workmanship on all the dresses. All the dresses are made by the same dressmaker with the same standard and quality materials. However, some detail may vary due to each item being made individually.
I highly recommend that you do not to buy a dress that you have not seen and / or tried on in person. I also highly recommend that you do not request any changes an existing design as it may have various complications or may not meet your expectancies.
In the case where unclear requests, limited details or limited pictures were provided, you consent that the dress maker can use her own initiative to create the style.
I guarantee that I will send the order confirmation which you confirm on to the dress maker to follow the instructions thereon, but cannot guarantee that all your requests will be fulfilled. In the case where some or all requests are not fulfilled, I cannot be held responsible. It is your responsibility to check that all your requests are clearly indicated on the final order confirmation sheet sent to you by me.
If you order online or in-store and the Goods require alterations due to a fault on my part, which is acknowledged by me as my error, I agree to pay for alterations to be made by a local tailor or dressmaker. This payment is subject to you advising me of the contact details and/or quote from your local tailor or dressmaker prior to the alterations being made for my final approval. In the case where alteration costs exceed the cost for a new dress to be made, I will have a new dress (same design) made within 8-10 weeks. It is your responsibility to leave enough time prior to your function date in the case where a new dress needs to be made.
Please note that fine marks / scratches on the materials may occur during the dressmaking process. By accepting these terms and conditions, you give your full consent that the dressmaker use her initiative to work around any marks / scratches that may occur.
10. Images used for marketing and advertising
Please note that images used for marketing and advertising purposes are for imaging purposes only. There may be variances in each individual style, as each dress is hand made individually. Therefor, the exact duplication can not be guaranteed.
11. Changing Your Mind
You agree that I am not obliged to provide you with a refund for change of mind and you agree that I will retain the Restocking Fee and you will return the Goods if you change your mind. Any postage costs for the return of goods is to be paid by you.
12. Damaged Delivery
You agree and acknowledge that the Goods are sent to you using registered mail with Australia Post or via Courier, using Couriers Please (www.couriersplease.com.au). I will provide you with the registered post tracking number once I post the Goods or once the Goods are picked up by Courier.
I take photographs of all Goods prior to posting to you and have records of the condition of the Goods at the time of postage. I will not be responsible for any damage to the Goods, which occur during the transit period when they are in the possession of Australia Post staff. Any claims made for damage will need to be made through Australia Post. I will assist you in these claims by providing you with the photographs of the Goods taken by me prior to postage.
13. Return Policy
Please choose carefully as I do not offer exchange or refund on any custom-made garment unless the item is faulty, significantly different from what was shown to you, not doing what it is supposed to do, in breach of manufacturer's warranties or consumer guarantees; or where otherwise required by law. If under any circumstance it is agreed in writing by Unique Bridal Collection Australia that a refund will be given for any reason, you agree that I have 12 (twelve) months from date of return of Goods to refund you the purchase price of the Goods only, excluding any shipping charges, import charges, handling fees and delivery charges within Australia. By returning the goods for any reason, you agree and acknowledge that a Restocking Fee of 50% of the purchase price of the Goods is charged. You agree that the Restocking Fee is a pre-determination of the liquidated damages that would flow to me as a result of your return of the Order and represents the cost to me for restocking of the Goods in order to resell them. You agree that you will let me know within 5 (five) days from date of receipt of your Goods whether you intend to return the Goods. If I don’t hear back from you within this timeframe, I will assume that you are satisfied with your purchase.
14. Retention of Title
I will retain the Goods until such time as the whole of the Purchase Price has been received in cleared funds by me.
15. Force Majeure
I shall not be liable for failure to perform our obligations resulting directly or indirectly from or contributed to by acts of God; acts of you, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labour, fuel or supplies; or other circumstances beyond my reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. I may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which I deem fair and reasonable. In no event shall I be liable for special or consequential damages for any delay for any cause.
Notwithstanding the provisions of clause 7, you place no reliance on the dressmaker’s skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. You will defend, indemnify and hold harmless me, my successors, assigns and subsidiaries from and against all costs (including solicitor's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed against me for any alleged violation of any federal, state or local law, rule, regulation or standard, by reason of or in connection with any use of the Goods delivered by me.
17. Exclusion of Warranties and Limitation of Liability
Except as may be set out in these terms and conditions and the Invoice, I make no express warranties or representations in relation to the Goods or its delivery. To the full extent permitted by law I exclude all implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability, fitness for purpose or otherwise.
I will not be liable for loss of profit, indirect, consequential, or incidental loss, damage or injury in connection with the Goods. However, my goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
I note that I undertake Quality Control of the following elements of the Goods:
o Trains and;
Should any of these Quality Control areas be defective or damaged in a way that makes it unusable, I will refund you an amount of $35 to have it fixed by a professional alterer or cleaned by a professional drycleaner. Any amount over this amount will be for your own account.
The provisions upon which you may make a claim under this warranty for defects are in accordance with these terms and conditions.
Nothing in this document will prevent you from exercising any rights which you may have under the Competition and Consumer Act, 2010 or any other law which cannot by law be excluded or modified by agreement.
No waiver by me of any default, breach or repudiation by you will affect my rights in respect of any further or continuing default, breach or repudiation. These terms and conditions supersede and replace any arrangements, representations, agreements or understandings made or existing between you and me and (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of the Goods. If there are any inconsistencies between these terms and conditions and any information contained on my website, the provisions in these terms and conditions shall prevail. These terms and conditions will be construed in accordance with the laws of New South Wales.