Terms & Conditions

Introduction

1. The conditions of use of  Opal Abaya Boutique (OAB)  website include these terms, the Online Shopping Terms and Conditions, our Privacy Policy, and any other terms and conditions that appear in or are linked to or from the Site (Terms). These Terms govern your use of and access to the Site.
2. These terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and Opal Abaya Boutique ABN 57 706 534 931.  By using the Site in any manner, you agree and accept the Terms.
3. These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.  OAB reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site.  Each time you use the Site, you should review and be aware of the current Terms.

Content

1. The Site and its content are subject to copyright and or other intellectual property rights.
   These rights are owned by Opal Abaya Boutique ABN 57 706 534 931, or in the case of some
   material, a third party, where the third party has provided permission to use the content
    
2. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt,
   distribute, sell, modify or publish or otherwise use any of the material on this Site, including
   audio and video excerpts, except as permitted by statute or with our prior consent
    
3. Our Site include registered trade marks, and other marks that are otherwise protected by
   law. You may not use our trade marks without our consent or any third party’s trade marks
   without their consent
    
4. The Site may contain links to third party sites. The links are provided solely for your
   convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites
   or the information, products or services provided at those sites. You access those sites and
   use the information, products and services made available at those sites at your own risk
    
5. You must not misuse this Site and only use it for lawful purposes. You will not use the Site
    for any activities, or post or transmit to or via the Site any information or materials, which:
        a. breaches any laws or regulations, infringes a third party’s rights or privacy, or which are
   contrary to any applicable standards or codes
        b. interferes with other users, or defames, harasses, threatens, bullies, or offends any
   person, or which inhibits any other user from using the Site.
        c. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give
   rise to civil or criminal proceedings
        d. commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or
   post any other material which is malicious and technologically harmful
        e. hacks or disables any part of the Site to corrupt data, cause annoyance to other
   users, send any spam, unsolicited advertising or promotional material, or attempt to
   affect the performance or functionality of any technology of or accessed through this
   Site
       f. provide false information when registering or changing your registration details
    
6. OAB will not be liable for any loss or damage caused by a distributed denial-of-service attack,
   viruses or other technologically harmful material that may infect your computer equipment,
   computer programs, data or other proprietary material due to your use of this Site or to your
   downloading of any material posted on it, or on any Site linked to it.

Cookies

Cookies are small pieces of information captured when your device is used to access online content.            OAB Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may   not be able to fully experience all features of the Site.

Liability

1. OAB makes no representations or warranties of any kind, express or implied as to the
   operation of our Site or the information, content, materials or products included on our
   Site, except as otherwise provided under applicable laws
    
2. OAB , nor its, directors, officers,
   employees, agents, contractors, successors or assigns will be liable for any damages arising
   out of, or in relation to, the use of our Site or sites linked to our Sites. This limitation applies
   to direct, indirect, consequential, special, punitive or other damages suffers, as well as
   damages for loss of profits, business interruption or the loss of data or information
    
3. You assume all risk of use of all features of the Site. You release OAB of all responsibility for any
   consequences of their use
    
4. By continuing to access our Site you agree that your access to, and use of it is subject
   to these terms and all applicable laws, and is at your own risk
    
5. Our Site and its contents are provided to you on “as is” basis; our Site may contain errors
   and inaccuracies and may not be complete or current. We cannot guarantee our Site will
   always be available or fault- or virus- free

Updates & termination

1. OAB may vary these Terms at any time. By continuing to use the Site you consent to any
   variations. It is your responsibility to regularly check these Terms for any variations
    
2. At any time, we may, in our sole discretion, suspend or terminate the access to the Site for
   any user without notice for any reason, including but not limited to a breach of these Terms.
   Suspension or termination shall not affect either party’s rights or liabilities
    
3. OAB may disclose any information we may have about a user in relation to an investigation or
   allegation that your use of the Site breaches these Terms, or any applicable laws
    
4. OAB may identify or bring legal action against any person who is or may be breaching these
   Terms, including obtaining injunctive relief
    

Jurisdiction

1. These Terms and the Site are governed by and construed in accordance with the State of
   Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the nonexclusive
   jurisdiction of the courts of Victoria, Australia, except in relation to application for
   any injunctive relief sought by OAB.
    
2. The Site may be accessed in Australia and overseas. We make no representations that
   the Site comply with the laws (including intellectual property laws) of any country outside
   Australia. If you access the Sites from outside Australia, you do so at your own risk and are
   responsible for complying with the laws in the place where you access the Sites

Online Shopping Terms and Conditions

1. Compliance with Terms

1.1. You will be bound by these Terms each time you submit an Order.

2. Placing Orders for Goods

2.1 By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.

2.2. Each Order you place will be a separate contract. 

2.3 An invoice will be issued at the time the Goods are ready for despatch. 

2.4. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.

2.5. From time to time, We may restrict the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or as otherwise advised to you.

2.6. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.

2.7. You agree to obtain consent to provide Us with Personal Information of recipients of gifts or Goods Ordered by you.

2.8. You may place an Order on the Site if you are aged 16 years or over , and have an active email account or a telephone number at which you can be contacted.

2.9. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order. 

2.10. We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.

2.11. Your Order becomes a sale when your Order is dispatched and We have issued you an Invoice.

3. Availability of Goods

3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.

3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice. OAB will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us in accordance with clause 6.

3.4. OAB reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with clause 6, and OAB will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

3.6. You acknowledge and agree that:

a) all pictures and images of Goods displayed are for illustrative purposes only;

b) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and

c) where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

d) Whilst we have made every effort to describe and display as accurately as possible the colours and images of our products that appear in the store we cannot guarantee that your device's display of any colour will be accurate. 

4. Price and payment

4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

4.3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).

4.4. Payment methods are specified on the Website at the time you place your Order. The name on any credit card used for payment must match the name on the Order. Payment methods may be subject to change.

4.5. Any payment for an Order must be cleared by OAB before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

4.7. Lay-by is not available for Orders.

5. Delivery 

5.1. Click here for delivery options and conditions.

5.2. Delivery timeframes are estimates only. Dispatch and delivery timeframes can depend on things like stock availability, delivery-service provider availability/delays and events beyond our control. Please note that during major sale events there may be a minor delay in preparing your order.

6. Order cancellations and returns

6.1. Unless provided for under these Terms or as otherwise agreed by OAB, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.

6.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.

6.3. Unless otherwise explicitly stated by Us, Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.

6.4. Any Goods you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.

6.5. OAB will process any refunds within a reasonable time of agreeing to do so.

6.6. If the original payment was made:

a) on a credit card, refunds will be processed on the same card as the original payment was made.

7. Privacy

7.1. Personal Information, which you provide to us during the Order process including contact details, will be kept, used and disclosed by Us in accordance with OAB’s Privacy Policy for the purpose of processing and delivering your Order. See OAB’s Privacy Policy. 

7.2 .We may also collect (even if you do not register to the Website) location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.

7.3. Unless otherwise indicated at the time you placed your Order, OAB may send you marketing information

7.4. OAB reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.

8. Risk & Liability

8.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent. 

8.2. 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 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.

8.3. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

8.4. You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

8.5. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

9. Cancellation and Termination

9.1.  We may refuse to accept or process payment on any Order, cancel any Order in whole or part, or terminate or suspend your access to the Website, if in Our reasonable opinion you have:

a)     violated OAB policies or these terms and conditions;

b)     engaged in:

i)           fraudulent or suspected fraudulent activity;

ii)          unlawful or suspected unlawful activity; or

iii)        deceptive or improper conduct.

9.2.  We may refund any money received from you for Orders cancelled by Us.

10. General

10.1. See OAB ’s Website Terms for further information on trade marks, copyright and other applicable terms including those relating to use of the Site.

10.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.

10.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

10.4. Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.

10.5. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne, Victoria.

11. Definitions

The following definitions apply to these Terms.

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.

Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.

Delivery Fee means the applicable fee for the delivery of Goods.

Goods means the items offered for sale on the Website.  

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

OAB means Opal Abaya Boutique (ABN 57 706 534 931).

Order means a request by you to purchase Goods from OAB.  

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website.

Returns Policy means the OAB Returns Policy. 

Website means the site available from opalabayaboutique.com

We, Us and Our means OAB in respect of an Order and you and your means you as the purchaser of Goods from OAB pursuant to these Terms.