HOUSE OF CAMPBELL (ABN 80 556 567 217)
Welcome to our website wwwhouseofcampbell.com.au. These Terms apply to our Site and any Order you place on this Site. By accessing and using this Site and by placing Orders you will be deemed to have accepted these Terms. If you do not agree with any of these Terms, please leave this Site and do not place any Orders.
2.1 Subject to clause 2.2, you must be a registered user of this Site to place an Order. To register as a user and to place an Order you must (i) complete the registration application on this Site; and (ii) be at least 16 years of age. You must provide true and accurate information when registering to use this Site.
2.2 If you elect to register as a wholesale customer, we may require you to provide additional information to support such a registration application including your Australian Business Number.
3. Placing an Order
3.1 You may place an Order by:
3.1.1 selecting one or more Products using this Site;
3.2.2 completing any relevant details required by this Site including details of the Delivery Address;
3.1.3 where you are a retail customer (as elected when you register to use this Site), (i) paying the Product Price, Delivery Fee and any other fees we notify you of prior to you submitting your Order in accordance with these Terms; or (ii) paying the Deposit with respect to Pre-orders; and
3.1.4 where you are a wholesale customer (as elected when you register to use this Site), paying the Deposit, Delivery Fee (if any) and any other fees we notify you of prior to you submitting your Order in accordance with these Terms.
3.2 We may request you to confirm details of your Order for the purpose of processing your Order. If you delay responding to our request for information there may be a delay in the delivery of your Order. We accept no responsibility for delayed deliveries and you release us from any loss, costs, damage or consequential loss incurred as result of the delay whether or not foreseeable.
3.3 You must ensure that any details required by this Site to process your Order is current, complete and accurate. If such details change you must notify us immediately and we will use best efforts to accommodate any change but always subject to our absolute discretion. You release us from any loss, costs, damage or consequential loss incurred as result of out of date, incomplete or inaccurate details you provide us.
3.4 Where there is a limit or condition on the volume of Products that may be purchased by a single person, you agree to abide by the same and agree not to make multiple Orders for the purpose of exceeding such limits or conditions.
3.5 Unless you register as a wholesale customer, you must only use this Site to order Products for your own use and must not order Products for resale or trade purposes and you must not order commercial quantities. Where we suspect you are breaching this obligation, we may (in our absolute discretion) cancel your Orders and your account.
4.1 A contract between us is formed only once we have accepted your Order.
4.2 If we accept your Order, we agree to supply the Products specified in your Order in accordance with these Terms.
4.3 We may reject your Order for any reason including because your Delivery Address is not within our Approved Delivery Locations. If we reject your Order we will notify you of such rejection as soon as possible after you submit your Order. If your credit card has been charged and we subsequently reject your Order, we will credit your credit card the amount charged.
5.1 Subject to clauses 5.2 and 5.3, in consideration of the Products, you agree to pay us the Product Price and any other fees we notify you of prior to you submitting your Order. You must pay by using one of the credit cards specified on the Site when placing your Order. Where you are a wholesale customer (as elected when you register to use this Site), we may allow you to pay the Product Price by way of electronic funds transfer.
5.2 Where you are a retail customer (as elected when you register to use this Site) and you have only paid a Deposit at the time of submitting your Pre-order, unless agreed otherwise in writing, you must pay the balance of the Product Price to us in full prior to your Order being shipped which we will notify you of. You authorise us to debit your nominated credit card for such payments.
5.3 Where you are a wholesale customer (as elected when you register to use this Site) and you have only paid a Deposit at the time of submitting your Order, unless agreed otherwise in writing, you must pay the balance of the Product Price to us in full prior to your Order being shipped. You authorise us to debit your nominated credit card for such payments (if applicable). We may allow you to pay the balance of the Product Price by way of electronic funds transfer.
5.4 In consideration for delivery of the Products you agree to pay us the Delivery Fee unless we agree otherwise.
5.5 Where applicable, amounts payable under these Terms are GST inclusive.
5.6 Payment must be made using a credit card at the time you submit your Order. The name on any credit card used for payment must match the name on the Order.
5.7 We will provide you with a tax invoice at the time you submit your Order. Subject to our rights in these Terms, we will provide you with an amended tax invoice at the time we deliver your Order which will specify (among other things) any out of stock Products including details of any refund made to your credit card.
6. Delivery of Products
6.1 We will deliver the Products in your Order at the Delivery Address and will use reasonable endeavours to deliver such Products by the Delivery Date.
6.2 You acknowledge that the Delivery Date is an estimate only but we will use all reasonable efforts to meet the same. You will not be entitled to any claim for loss, cost, damage or consequential loss where we fail to supply the Products by the Delivery Date.
6.3 We may use a delivery company to deliver your Order in which case the relevant terms and conditions of such third party delivery company will apply to such delivery.
6.4 We shall be taken to have delivered your Order where your Order is left at that the Delivery Address with or without someone being present and we are not liable in the event your Order is lost or stolen after being delivered.
6.5 We will only deliver Products to you if your Delivery Address is within the Approved Delivery Locations.
6.6 You acknowledge that any person at the Delivery Address who receives the Products is authorised by you to receive your Order.
6.7 If it appears to us that no person is in attendance at the Delivery Address to accept your Order or delivery of your Order is refused, we may leave the Order at the said Delivery Address, or at our discretion organise for the Order to be stored and you shall pay or indemnify us for all costs and expenses incurred as a result of such storage and any re-attempted delivery.
7. Failed Delivery
7.1 We may refuse to deliver your Order if:
7.1.1. there is no one at the Delivery Address to accept the Order;
7.1.2 subject to clauses 3.1.4 and 5.3, full payment for your Order has not been received prior to the time we deliver your Order; or
7.1.3 any other reason we determine from time to time in our absolute discretion.
7.2 If we refuse to deliver your Order in accordance with clause 7.1 we will use best efforts to contact you:
7.2.1 to re-arrange delivery of your Order in which case we may charge an additional Delivery Fee; or
7.2.2 to inform you that your Order has been cancelled by us in which case we will refund to your credit card the Product Price less the Delivery Fee but we may in our absolute discretion charge you the Cancellation Fee which we may set-off against any credit we make to your credit card.
8. Out of Stock Products
8.1 From time to time, some of our Products may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If a Product in your Order is out of stock:
8.1.1 we will contact you to inform you of the same; and
8.1.2 You may choose a substitute Product in which case you must pay the difference in Product Price or we will refund you the difference if the substitute Product Price is less than the out of stock Product Price by crediting your credit card where you have already made payment; or
8.1.3 you may remove the out of stock Product from your Order in which case we will refund you the value of the out of stock Product by crediting your credit card where you have already made payment.
8.2 If we are unable to contact you about out of stock Products in your Order, we will remove the out of stock Product from your Order in which case we will refund you the value of the out of stock Product by crediting your credit card where you have already made payment.
8.3 Unless otherwise agreed, no rainchecks are available for out of stock Products.
9. Cancelling an Order
9.1 If there is an error on our Site such as wrong pricing, wrong descriptions and offers for Products that are not available or are no longer available or we believe that your Order has been placed in breach of these Terms, we may, to the extent permitted by law, cancel the whole or any part of your Order, even if the Order has been accepted by us and your credit card has been charged. If your credit card is charged for the purchase and we cancel the whole or part of your Order in accordance with this clause 9.1, we will notify you of the same and credit your credit card (i) the applicable amount charged for the Order but cancelled; and (ii) the Delivery Fee where the whole Order is cancelled.
9.2 If we cancel your Order because we believe that your Order has been placed in breach of these Terms, we may charge you a Cancellation Fee which may be set-off against any credit we make to your credit card.
9.3 Subject to clause 9.4, after an Order has been submitted we will use best efforts to accommodate any request to amend or vary your Order but we are under no obligation to do so. To amend your Order, please contact us at email@example.com and quote your tax invoice number.
9.4 Where you have submitted and we have accepted your Pre-order, you may cancel that Pre-order prior to the balance of the Product Price being paid in which case we will refund you the value of the Deposit you have paid by crediting your credit card.
10. Missing Items
10.1 If we fail to deliver a Product that we have charged you for, please contact us on firstname.lastname@example.org immediately and comply with any of our reasonable direction and requests.
10.2 After taking steps to assess your claim and being satisfied with such assessment, we may, at our discretion:
10.2.1 credit your credit card the applicable amount charged; or
10.2.2 re-attempt delivery of the relevant Product to you in which case we will not charge you any additional Delivery Fee.
10.3 When contacting us to inform us of any missing Products, please have your tax invoice available.
11. Faulty Products
11.1 Where a Product is Faulty, you must contact us within 14 days of delivery occurring (or such other period of time required by law) on email@example.com so that we can guide you through our returns process. You must comply with our reasonable directions and requests to resolve claims of Faulty Products. In order to assist, you may be required to send us images of the relevant Product you claim to be Faulty.
11.2 You must (at your cost unless we agree otherwise), return the Faulty Product in its original packing to our nominated return address.
11.3 After taking steps to assess your claim and being satisfied with such assessment, we may, at your election:
11.3.1 credit your credit card the applicable amount charged or otherwise provide a credit on your relevant account with us; or
11.3.2 subject to Product availability, re-attempt delivery of the relevant Product or a substitute Product to you in which case we will not charge you any additional Delivery Fee. Where you elect to have a substitute Product delivered, you must pay the difference in Product Price or we will refund you the difference (as applicable) where the substitute Product Price is different to the Product Price for the Faulty Product.
11.4 Where we determine the Product is not Faulty, we may charge you an additional Delivery Fee to return the Product to you unless we have advised you to return the Product to us.
12. Change of Mind
12.1 This clause 12 only applies where you are a retail customer as elected when you register to use this Site but does not apply for Products sold on special or at a discounted Product Price unless we agree otherwise from time to time.
12.2 You may change your mind regarding any or all of your Order (including where you have ordered the wrong size) by returning, at your cost, the relevant Product within 14 days of receipt of delivery (Returned Products).
12.3 Returned Products must be in original condition with all tags intact.
12.4 Upon receipt of a Returned Product, you may elect for us to do any of the following:
12.4.1 credit your credit card the applicable amount charged or otherwise provide a credit on your relevant account with us; or
12.4.2 exchange the Returned Product for a different Product in which case we may charge you any additional Delivery Fee and you must pay the difference in Product Price or we will refund you the difference (as applicable) where the substitute Product Price is different to the Product Price for the Returned Product.
12.5 Products that have been worn or are damaged with make-up, dirt, food, tanning products or similar will not be accepted for return in accordance with this clause 12 and we may charge you an additional Delivery Fee if we have to re-deliver such Product to you.
12.6 You may not return any of the following Products without our prior approval: underwear, bodysuits, swimwear, earrings, hair accessions, cosmetic or such other Products we notify to you due to hygiene reasons.
13. Title and Risk
13.1 Title to the Products passes to you on the later of (i) full payment for the Products; and (ii) delivery of the Products in accordance with these Terms.
13.2 Risk in the Products passes to you once we have delivered the same to you in accordance with these Terms.
13.3 If these Terms constitute a security interest under the Personal Property Securities Act 2009 (PPSA), then you will do anything reasonably necessary to assist us in registering our security interest in the Products, including, if applicable, as a Purchase Money Security Interest as that term is defined in the PPSA. Where possible, you agree to waive your rights with respect to receipt of any notices under the PPSA including but not limited to receiving a verification statement.
14.1 Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law in any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law. In this clause 14.1, all italicised and emboldened terms, have the same meaning as in the Australian Consumer Law.
14.2 Without restricting any right or remedy you may have or our liability to you under the Australian Consumer Law:
14.2.1 to the extent permitted by law, no guarantee, conditions, warranty or other terms implied by law apply to any contract between you and us;
14.2.2 we do not make any representation or warranty about the suitability of the Products and the Products;
14.2.3 we exclude to the extent allowed by law all warranties in respect of this Site and any contract between us; and
14.2.4 we have no Liability to you for any indirect or consequential loss or damage in respect of this Site or any Order or Product whether in contract, negligence unless caused by our negligence or wilful misconduct.
14.3 Subject to law and any rights you have under the Australian Consumer Law (including as set out above) our Liability for breach of a condition or warranty of supply (including a condition or warranty implied by any law including by the Competition and Consumer Act 2010 (Cth) is limited to:
14.3.1 in the case of goods, (i) the replacement of the goods or the supply of equivalent goods or the repair of the goods, or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods or of the cost of having the goods repaired; and
14.3.2 in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
15.1 You must:
15.1.1 keep your Site password and login secure and not allow anyone else to use the same and are liable for any misuse of your login and password;
15.1.2 promptly notify us if you think someone unauthorised is using your login and password;
15.1.3 only use this Site to place Orders and comply with all laws in respect of your use of this Site,
16. Termination and Suspension
16.1 We may, at our discretion, terminate any contract to supply Products to you in which case our liability is limited to any amounts paid by you for any undelivered Order including the Delivery Fee less any applicable Cancellation Fee.
16.2 At any time we may cease to accept Orders from the Site.
16.3 At anytime without cause we may suspend your use of this Site.
17. Intellectual Property
17.1 Intellectual property contained on this Site is owned by or licensed to us. We reserve all rights to this Site. You may download, print and reproduce content or material from this Site without our or the specified owner’s consent solely for your own personal non commercial use. You must not alter or adapt any intellectual property you obtain from this Site without our prior written consent or the consent of the applicable third party owner.
18.2 We may give you notice by email, post, on this Site or by contacting you on the supplied contact details. You may give us notice by contacting us on firstname.lastname@example.org.
18.3 These Terms are not to be interpreted against us merely because they were prepared by us.
18.4 We will not be liable for failure to perform our obligations under a contract with you pursuant to these Terms to the extent and for so long as our performance is prevented or delayed because of circumstances outside of our direct control (including labour disputes, obtaining labour, destruction or damage to our premises or a relevant supply site, default or insolvency of any third party, an act of government or governmental authority, terrorism, disruption to the supply of power, gas, internet, water, electronic or telecommunication services, civil disorder, the weather or other natural events) and without fault or negligence by us.
18.5 We may amend, revise or change these Terms at any time. Each time you use this Site you are agreeing to the Terms applicable at that time. For your convenience, we provide a link to these Terms at the bottom of every page of this Site.
18.6 We may set off any amount we owe you under or in respect of any contract against any or all amounts you owe us under or in respect of any contract formed by these Terms.
18.7 You cannot assign or transfer rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in our absolute discretion.
18.8 These Terms are governed by South Australian law and the parties submit to the non-exclusive jurisdiction of South Australian courts in respect of any disputes arising under or in connection with these Terms.
19.1 In these Conditions:
19.1.1 Approved Delivery Locations means those approved locations which we will deliver your Order as notified on this Site from time to time.
19.1.2 Cancellation Fee means an amount equal to 25% of the value of the cancelled Order payable by you in the event your Order is cancelled in accordance with these Terms or such other amount we determine fair and reasonable in the circumstances.
19.1.3 Delivery Address means the address for delivery of your Order specified by you at the time you submit your Order.
19.1.4 Delivery Fee means the fee payable to deliver your Order being the amount noted at the time you submit your Order (if any).
19.1.5 Delivery Date means the date for delivery of your Order specified by you at the time you submit your Order and approved by us.
19.1.6 Deposit means the amount notified at the time of placing an Order being a portion of the Product Price.
19.1.7 Faulty means the Product is either (i) damaged upon delivery; (ii) has a manufacturing fault; (iii) is wrongly described at the time of the Order being submitted; or (iv) is different to the Product ordered. A Product will not be deemed Faulty where it is the subject of fair wear and tear.
19.1.7 Liability means any claim, losses, liabilities, costs or expenses of any kind and however arising, including penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
19.1.8 Linked Site means any third party website linked to this Site.
19.1.9 Order means a request by you to purchase Products from us using this Site.
19.1.10 Pre-order means a request by you to purchase Products from us using this Site before such Product becomes available for shipping.
19.1.11 Product Price means the price for the products noted at the time you submit your Order.
19.1.12 Products mean the items offered for sale on this Site.
19.1.13 Returned Products has the meaning given in clause 12.2.
19.1.14 Site has the meaning given in clause 1.
19.1.15 Terms means these Terms and Conditions.
19.1.16 we, our or us means House of Campbell (ABN 80 556 567 217).
19.1.17 you means the person accessing this Site.
Version (1): 23 August 2018