Terms of Service

Terms of Service

Use of Site, Online Shopping and Returns

1. Background
   In these terms and conditions (“Terms”), the words “we”, “our” and “us” refer to Fineyield Retail Pty Ltd as trustee for the Fineyield Trust trading as Miss Louise (and includes its directors, officers, employees, agents and affiliates) (“Miss Louise”) and “you” or “your” means the person who agrees to be legally bound by these Terms.
   The Terms govern your access to, and use of, the Site.

By using the Site, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, the Site. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use this Site.

By placing an Order for Products, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, the Site. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, place an Order for Products.

1. Definitions
   Unless expressly provided otherwise, in these Terms:
   “Intellectual Property” means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.
   “Order” means an order for one or more Products made on the Site.
   “Products” means the product items listed for sale on the Site from time to time.
   “Site” means misslouise.com.au and any systems used by or in connection with this website, including servers and networks that host this website, and any information or content used on or in connection with this website, including but not limited to data, source codes, graphics and images.
   “Privacy Policy” means the privacy policy for Miss Louise (as amended from time to time), the current version of which can be accessed at the following link: [insert link].
   Any reference in these Terms to the singular includes the plural, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.

1. Site Use
   Unless we agree otherwise in writing, you may only access or use this Site for your own personal use.
   You must ensure that your access to and use of this Site is not illegal or prohibited by laws which apply to you.
   This Site and its content, including links, are provided to you ‘as is’ and your access to and use of this Site is at your own risk.
   In order to use this Site you will need internet access and devices and systems which are compatible with this Site. These requirements may at our sole discretion and without notice change and it is your responsibility to ensure that your devices and systems meet the relevant requirements. We have no obligation to make this Site available to you at any time or on any device or system.
   You are responsible for taking all necessary steps to ensure that your access to and use of the Site does not expose you or your computer system to interference or harm, including interference or harm from viruses or other malicious computer code. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Site or any linked website or service.
   You must not and must not attempt to misuse, hack into, circumvent, disable, undertake any activity which will place an unreasonable burden on or otherwise disrupt the operation of this Site or any part of it.
   In order to use the Site or part of it, you may be required to provide certain personal information (including your name, current address, current telephone number and a valid email address) and nominate and maintain a username and password. You must keep this user information secure and you must notify us immediately if you become aware of any unauthorised use of your user information.
   You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   We may at our sole discretion and without prior notice stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of the Site or our permission to link to our Site.
   You may create an account on the Site. To do so, you will need to supply your first and last name and email address. You may choose to supply your address. All information will be collected in accordance with our Privacy Policy.

1. Social Media
   Miss Louise uses social media sites (eg. Facebook and Instagram), but these may change over time. We reserve the right to cease any such sites in our discretion.
   Third party social media sites will also be governed by their own particular terms of use.
   Miss Louise does not necessarily endorse, support, sanction, encourage or agree with any comments, opinion or statements posted by users on Miss Louise’s social media sites.
   Miss Louise may moderate user-posted content and may remove any content that is, in Miss Louise’s opinion, inappropriate. Miss Louise may also block or suspend users of their accounts in its sole discretion.

1. Orders
   Subject to these Terms, you may place an Order for Products using the Site.
   If you make an Order you:

1. agree to pay the price of the Products and the applicable delivery fee;
2. warrant to us that all information provided by you in relation to that Order is accurate, complete and current; and
3. warrant to us that the Products in your Order are intended for personal, domestic use only and are not intended for commercial use.
   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 Product due to inaccurate or incomplete details provided in an Order.
   If you place an Order and the Products are to be delivered to someone other than you, you warrant to us that you have obtained that person’s consent to provide us with their personal information and that they agree to accept delivery of the Products.
   You acknowledge and agree that each Order that you make, if accepted by us, is a separate and binding agreement between you and us for the supply and delivery of those Products in accordance with these Terms.
   If we accept your Order, we will send a confirmation email to your nominated e-mail address.
   If you request we change or cancel your Order, we will use our reasonable endeavours to cancel or change that Order if it has not already been shipped but we make no representation that we will be able to do this.
   We may at our sole discretion cancel your Order at any time prior to shipping of the Products. Unless we agree otherwise, we will only accept Orders for delivery within Australia and may reject Orders for delivery to rural or remote locations or to post office boxes or postal lockers.
   If we change or cancel your Order, we will send a confirmation email to your nominated e-mail address.

1. Products, pricing, delivery fees and discounts
   Products are listed on the Site and are subject to change at our sole discretion and without notice.
   Prices for Products and delivery fees for Orders are listed on the Site and, unless otherwise specified, are in Australian Dollars and are inclusive of any applicable Australian taxes, including GST.
   Prices for Products in an Order and the delivery fee for that Order are fixed once an Order has been confirmed, but prices for Products and delivery fees for Orders are otherwise subject to change at our sole discretion and without notice.
   Discounts may be given at our sole discretion on terms and conditions notified to you by us at the time of the relevant offer.

1. Payments
   Payment methods are listed on the Site and are subject to change at our sole discretion and without notice.
   Your Order must include details of your nominated payment method. If the name on the Order does not match the name of your nominated payment method, we may ask you to provide additional information (for example, proof of identity documents). By providing details of your nominated payment method with your Order you authorise us to deduct the price of the Products and the delivery fee for that Order from your nominated payment method.
   If we accept your Order, we will process payment for your Order then or shortly thereafter.
   You acknowledge and agree that we may not be able to or may decline to accept payment from you by your nominated payment method at our sole discretion and without notice.
   If we accept your Order but then on your request change your Order, we will charge or refund you in full (to the payment method you used to make the Order) the difference between your initial Order and your subsequent Order.
   If we accept your Order and then on your request or at our sole discretion cancel it, we will refund you in full (to the payment method you used to make the Order) the value of that Order.
   We will not ship the Products in your Order unless we have accepted your Order and we have received in full payment for that Order from your nominated payment method.

1. Delivery
   If we have received payment in full for your Order, we will use our reasonable endeavours to ship your Order to you in a timely manner.
   Following shipping of your Order, we will send a confirmation email and invoice for your Order to your nominated e-mail address.
   You acknowledge and agree that the shipping or delivery of your Products may be delayed and, to the maximum extent permitted by law, we will not be liable for and you forever release and discharge us from any claims you may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to that delay.
   If you have provided us with an incorrect or incomplete delivery address for your Order or your Order is otherwise returned to us, we may charge you a delivery fee for each subsequent delivery attempt.
   Title and risk in the Products passes to you at the time of delivery of the Products to your nominated delivery address.
   If you purchase Products from outside Australia, your purchase may be subject to import duties, fees and taxes, which are determined once your shipment reaches your country and are payable by you. You may also be required to pay additional customs clearance charges. Miss Louise is not liable for such import duties, fees, taxes or charges. In addition, orders shipped internationally may be subject to customs clearance procedures that can cause delays beyond our control. If you choose to refuse a shipment from Miss Louise you are still responsible for the original shipping charges, duties, fees, taxes and / or customs charges incurred, and the cost of return shipping.

1. Rights under Australian Law
   Australian law, including the Australian Consumer Law, provides you with certain rights in respect of your Order that cannot be excluded by these Terms, including that your Products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the Products will correspond with any relevant description.
   Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.

1. Returns, refunds, exchanges and store credits
   If you believe you are entitled to a refund or exchange of a Product or a store credit, resulting from the purchase of a Product on the Site, please notify us via email at enquiries@misslouise.com.au. In the email please specify the following information:

1. your name;
2. your address;
3. your phone number;
4. your email address;
5. a description of the Product that you believe you are entitled to have exchanged or refunded and the reason for this; and
6. details of the relevant Order, including your receipt number and an invoice for that Order.
   Products can also be refunded or exchanged in person in store (Shop G4, 205 Collins Street, Melbourne, Victoria, Australia).
   Unless we are obliged to exchange or refund your Product under Australian law, any exchange or refund of your Product or store credit is at our sole discretion. In particular, refunds or store credit will not be given for change of mind or incorrect choice of size, colour or style.
   A refund or exchange of any Product must be:

1. initiated within 7 days of receipt of shipment;
2. in the original packaging, in original condition (unworn), including sealed boxes, tags, branded dust bags and shoe boxes; and
3. not have been a sale item, as all sale items are not refundable, exchangeable or returnable.
   
   Upon receipt and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with these Terms, we may:

1. refund the price of the Product returned to your original payment method;
2. provide you with a store credit worth 100% of the price of the Product returned; or

 

1. exchange the Product for another size or another Product, subject to availability.
   
   If you have used store credit or gift cards to pay the full price of the Product, we will only reinstate the original amount of store credit.
   If we agree to replace or exchange your Product, you must return the Product you received to us at Shop G4, 205 Collins Street, Melbourne, Victoria, Australia and we will aim to ship a replacement Product to you in a timely manner.
   If we agree to give you a refund, you must return the Product you received to us at Shop G4, 205 Collins Street, Melbourne, Victoria, Australia and we will aim to initiate your refund (or provide you with the applicable store credit) within seven business days of receiving the returned Product. Any refund will be by the same means of payment used for the original purchase. Any additional time that it may take for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
   All approved exchanges and returns will incur additional shipping fees. We will not refund any shipping costs that you have paid at purchase to have the Product shipped to you, or the cost of any packaging you provide to send the Product back to us.
   If the return, in our reasonable opinion, is not in compliance with these Terms, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us.
   Miss Louise will not take responsibly for any Products lost or damaged in transit.
   Store credits are applied to any account you may have set up with the same email address used to order your Products. Store credits cannot be transferred to other accounts. Store credit is valid for 6 months. Any balance that remains after the 6 months will be voided and will not be available for use.
   Store credit cannot be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items – you will not be able to refund or return those further items for cash.

1. Privacy
   Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms.

1. Intellectual Property
   The Site and its content are subject to copyright, and other intellectual property rights.
   Unless expressly authorised under these Terms or unless we agree otherwise in writing, you may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Site.
   If you believe content on this Site infringes your intellectual property rights, please notify us via email at enquiries@misslouise.com.au. In the email please specify the following information:

1. your name;
2. your address;
3. your phone number;
4. your email address;
5. information to allow us to find the relevant content on this Site;
6. a description of the content that you believe is a breach of your intellectual property rights and the reasons for this; and
7. where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

1. Disclaimer
   To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that our Site or Sites that we link to or your access to or use of them will be uninterrupted, secure or error free, that any defects in the Site will be corrected or that the Site is free of viruses or other malicious computer code.
   To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that the information on our Site or information on website(s) that we link to is accurate, complete, suitable or current.

1. Limitation of liability
   To the maximum extent permitted by law, you acknowledge and agree we will not be liable for and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to:

1. your access or use of, or your inability to access or use this Site, part of this Site or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or content; or
2. a Product, including the ordering, shipping, delivery and use of a Product.

Our liability that results from, is connected with, arises out of, or is incidental to your access or use of, or inability to access or use, this Site or part of this Site, and which cannot be lawfully excluded, is limited to resupplying this Site or any part of it to you or to paying for the resupply of this Site or any part of it to you (at our option).

Our liability that results from, is connected with, arises out of, or is incidental to a Product, and which cannot be lawfully excluded, is limited to resupplying the Product to you or paying an amount equal to the retail price of the Product to you (at our option).

Our liability is limited to the extent that it is caused, or contributed to, by you.

1. Indemnity
   To the maximum extent permitted by law, you agree to indemnify us and keep us indemnified against all claims, loss, damages and expenses (including legal costs) incurred by us that result from, are connected with, arise out of, or are incidental to your access or use of, or your inability to access or use, our Site, part of our Site or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or contents.

1. Links
   The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

1. Severability
   Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

1. Waiver
   Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

1. Amendment
   We reserve the right at our sole discretion and without notice to revise these Terms at any time. You should visit the Site periodically to review these Terms. Amendments will be effective immediately upon publication on the Site. Your continued use of the Site following such publication will represent an agreement by you to be bound by these Terms as amended. By making an Order following such publication you agree to be legally bound by the Terms as amended.

1. Governing Law
   These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Site.
   The Site may be accessed in Australia and overseas.  We make no representations that the Site complies with the laws of any country outside Australia, and if you access the Site from outside Australia, you do so at your own risk.

1. Effective Date
   These Terms are effective on and from 7 August 2020.