Welcome to https://everydaylingerieco.com (our Site).
These terms and conditions (Terms) govern your use of this Site, as well as our products, and form a binding contractual agreement between you and King Saba Unit Trust Pty Ltd (ACN 429 251 115) ATF The Danmar Unit Trust trading as ‘Everyday Lingerie Co.’ (ABN 89 429 251 155) (Everyday Lingerie Co., us, we, our).
These Terms are important, and you should ensure that you read them carefully and contact us if you have any questions prior to purchasing our products.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
1. Purchasing items
1.1. To buy products via our Site, you must be at least 18 years of age. You may buy products offered online by placing an order on our Site, via an online shopping cart or online order form, as available. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
1.2. You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order on this basis, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion. Where we can refund before processing your order, we will.
2. Discounts, promotions and limited-edition items
2.1. We may offer discounts or promotions on our products from time to time, where customers may be offered the opportunity to purchase products at a discounted price, deal, or alternate offer for sale, including “on sale” items, all of which are promotional only. Each promotion is an offer to you which is available for acceptance according to the individual terms and conditions of sale prescribed within each respective promotional offer, as advertised by us to you at the time of promotion, or otherwise upon notice to you (as per clause 2.2).
2.2. You acknowledge and agree that we reserve the right to vary or rescind the length of time that a promotion is made available for acceptance by you until, but only upon prior written notice to you.
2.3. We may also release limited edition items for purchase from time to time, where customers may be offered the opportunity to purchase unique items on a limited (availability), pre-order basis. Each limited-edition item is an offer to you for purchase and is available for acceptance according to the individual terms and conditions of sale prescribed in each respective limited-edition offer, as advertised by us to you at the time of release.
2.4. You acknowledge and agree that all limited-edition items that are released for sale are not currently in stock and available, at the time of purchase, where we offer these items solely for pre-order and we deliver upon receipt of stock. While we will keep you updated on the delivery time for your purchase, you also acknowledge and agree that all limited-edition items have an approximate 4 week wait time.
2.5. Refunds are not available on discounted, promotional, or limited-edition items other than in accordance with clause 12.
3.1. All prices are in Australian dollars (AUD) and include GST, unless indicated otherwise.
3.2. All prices exclude shipping/delivery charges, which are calculated and paid for by you at the time of purchase.
3.3. All prices exclude customs duty and other taxes applicable within your country of origin or residency.
3.4. All prices are subject to change without notice.
4.1. From time to time there may be errors on our Site, such as incorrect pricing, incorrect descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and issue the credit for the amount charged according to the payment method used. We otherwise reserve the right to withdraw products or change the descriptions and prices of products where they are affected by error, or otherwise unavailable.
5.1. All products are offered for purchase subject to available stock, other than limited-edition items which are offer for purchase in accordance with clause 2. If an item is out of stock, we may contact you to offer a substitute.
5.2. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue the credit for the amount charged according to the payment method used.
5.3. If you order goods and some are not in stock, you agree that we may only process that part of your order for which stock is available.
6. Delivery / Shipping
6.1. We ship within Australia and overseas where these charges are paid by you, subject to eligibility for any promotion or discount on delivery/shipping as notified by us from time to time.
6.2. Delivery/shipping charges will be displayed and confirmed prior to you purchasing the product. It is your obligation to enter the correct delivery address details at the time of ordering. Please note that we are unable to deliver to a P.O. Box.
6.3. We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive. Once we learn an order has not arrived within a reasonable period, we will lodge an enquiry with the shipping provider or courier.
6.4. We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. Further, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
6.5. We otherwise use all reasonable endeavours to ensure your products are delivered and shipped to you, however we do not have control over the delivery/shipping process and your patience is appreciated.
7.1. If you receive any products in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.
8.1. Risk of damage, loss or deterioration to goods passes to you upon delivery in accordance with these Terms.
9.1. Title to products passes upon receipt of payment and delivery of the item, and so all products ordered by you remain our property until they are paid in full and received by you.
10.1. Invoices and receipts for our products purchased online are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing firstname.lastname@example.org.
10.2. Some of our payments are operated through an online and automated billing system, through the use of a third-party payment provider (Online Payment). Our third-party payment provider may include Stripe, PayPal, ZipPay or such other third-party payment providers as nominated by us and made available via our Site from time to time. Where your payments are made via Online Payment:
- You authorise the third-party provider to debit your account for a once-off payment, or a periodic payment (as the case permits), to ensure that all payments are made in accordance with the schedule imposed by the third-party payment provider.
- You agree to ensure sufficient funds are available in your nominated account to meet each payment debited by the third-party payment provider.
10.3. Any default in payment by the payment date may lead to suspension, or termination of the Site or the ability to purchase or use our products in accordance with clause 15.
11. Warranties and claims under warranties
11.1. Everyday Lingerie Co. designs, manufactures, supplies and sells its lingerie to customers.
11.2. To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products supplied by us (Warranties), other than those implied by statute which may not be legally excluded (including but not limited to the Australian Competition and Consumer Act 2010 (Cth), and in particular the Australian Consumer Law as specified at Schedule 2 of that Act), or as otherwise expressly stated herein.
11.3. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
11.4. This means that as a manufacturer and supplier of products, our 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; and/or
- 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.
11.5. If you receive goods from us that are faulty or defective at the time of purchase or delivery (whichever is later), you can claim the above warranties by immediately contacting Everyday Lingerie Co. in writing at email@example.com by notifying us of the defect or fault, together with photographic evidence of the defect or fault, and proof of purchase / receipt.
11.6. We will respond to your claim under warranty within 5 business days, at which time we will notify you whether that claim is accepted and whether you are entitled to the replacement, refund or repair of our goods, at our option.
11.7. Where you have purchased an item in store, you can make the claim under warranty in store, where the product must be returned to the store where it was purchased. Where you have purchased an item online, we will confirm the arrangements for the return of the faulty / defective product to us at our cost (in accordance with clause 10.5), and issue you with any replacement or repaired products at no cost to you.
11.8. Whilst we endeavour to replace, refund or repair all products within a reasonable time, please take note that any products that are the subject of replacement or repair under a warranty claim are to be subject to the availability of our stock or otherwise the availability of the repairer.
12. Returns and exchanges
12.1. In addition to your statutory rights, if you change your mind within 30 days of purchasing we will happily exchange or refund your item(s) providing the following conditions have been met:
- Refunds and exchanges are only permitted on full-price items. This means that we do not offer any refunds or exchanges for sale or discounted items.
- Items must be in original condition with all swing tags still attached as purchased and the product must be fit for sale and must not have been worn (under no circumstances will products with visible signs of wear and tear be accepted).
- You must notify us that you wish to return or exchange a product for change of mind by emailing us at firstname.lastname@example.org and send through a copy of your receipt and photographic evidence of your product to show that our conditions have been met. We will process this as quickly as possible and provide you with any forms for completion when returning/exchanging our products.
- Returns or exchanges must all be returned to Everyday Lingerie Co. within 30 days of the purchase date at your cost (unless advised otherwise by ELC), together with the completed Return / Exchange Form that will be supplied to you.
12.2. Returns and exchanges are to be delivered to us at the address we provide to you when processing your refund/exchange.
12.3. If you return items to us that do not comply with the above requirements, we will return the items to you at your cost.
13. Account information
13.1. Before you purchase our products, you must supply account information by either:
- registering a guest account as a one-off user (Guest account); or
- registering your details and creating an account with us (Registered account).
13.2. You must provide accurate, complete and up-to-date account information, as requested, and it is your responsibility to inform us of any changes to your account information.
13.3. We may at any time request identification or documentation to verify your identity.
13.4. If you are a user with a Registered account to this Site, you acknowledge and agree that:
- You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
- You will immediately notify us if your Password is lost or becomes known to any other person; and
- You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person.
- You must ensure the security and confidentiality of your account details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your account details.
15. Intellectual Property
15.1. All material and products available on this Site including (but not limited to) lingerie, accessories, garments, clothing, content, text, images, graphics, designs, patents, pricing, product information, information architecture and coding, whether displayed or available for purchase (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.
15.2. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
15.3. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
15.4. The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Everyday Lingerie Co.. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Everyday Lingerie Co., in any manner that is likely to cause confusion with customers, or in any manner that disparages Everyday Lingerie Co..
15.5. You must not reproduce, copy, rip off or otherwise replicate Our Content, or the overall ‘look and feel’ of our Content, our products or the Site.
15.6. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
15.7. Violations of our intellectual property including copyright, trademarks and other proprietary rights and is strictly prohibited and you agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that The Everyday Lingerie Co. will be entitled to seek interlocutory (injunctive) relief if such steps are necessary to prevent violations of its intellectual property and other proprietary rights.
16. Right to Terminate
16.1. We reserve the right to terminate your use of the Site, your order or your ability to purchase our Products, where you breach these terms, as determined by us, without further notice to you.
16.2. Refunds are granted in accordance with our Returns and exchange policy in clause 11, or where we are in breach of the Australian Consumer Law, but otherwise are not permitted.
17. Liability is Limited
17.1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.
17.2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with our products, the use of our Site or Our Content.
17.3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the products, this Site or Our Content.
17.4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing Sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked Sites, nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
18. Your Indemnity
18.1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products.
19. No Assignment
19.1. You cannot transfer or assign your Everyday Lingerie Co. account without our prior written consent.
19.2. We may assign or transfer our obligations under these terms at any time, subject to providing thirty (30) calendar days’ written notice to you.
20.1. We may amend these Terms from time to time by posting the amended version on our Site. You should visit the Site regularly to keep up to date with any amendments. In the case of an amendment, the amended Terms only apply to the Site and products ordered via the Site after the amendment takes effect.
21.2. Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute. In the case of notices to us, please email us at email@example.com.
21.3. If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to in this clause, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days, or failing agreement within that period, as appointed by the Executive Director of the Australian Commercial Disputes Centre Limited. The costs of the mediator shall be borne equally between the disputing parties. The chosen mediator shall determine the procedures for the mediation. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
21.4. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it thinks fit in relation to the dispute.
21.5. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory (injunctive) relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
21.6. This clause 21 survives expiry or termination of these Terms.
22. Applicable law
22.1. These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and its appellate courts.
23.1. We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
23.2. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
23.3. If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of them unenforceable, illegal or void, then that provision is severed, and the rest of these Terms remain in force. If any provision in these Terms is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes these Terms or any part of them unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of these Terms in the jurisdiction where it is unenforceable, illegal or void.
24. Your Feedback
24.1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
24.2. If you have questions or comments regarding this Site or our products or services, please email us at firstname.lastname@example.org.
These Terms were last updated in February 2019.
Name: King Saba Unit Trust Pty Ltd (ACN 618 204 916) ATF the Danmar Unit Trust trading as ‘Everyday Lingerie Co.’
ABN: 89 429 251 155