TERMS & CONDITIONS

Terms and conditions that apply to your dealings with Emily & Steve and emilyandsteve.com.au are accessible below. These terms and conditions are collectively and individually referred to on the Website as ‘Terms’. The Terms are binding on you as a customer of Emily & Steve and as a user of the Website. Emily & Steve reserves the right to change the Terms at any time. Changes take effect upon posting to the Website. In the Terms, except to the extent that the context otherwise requires, a reference to “Emily & Steve”; “we”; “us”; or “our”, is a reference to the Australian company (ABN: 68 165 207 287) trading as Emily & Steve.

USE OF WEBSITE

The ‘Website’ (emilyandsteve.com.au) is owned and operated by Emily & Steve. Use of the Website is subject to the Terms. Access to the Website is an acknowledgment that these Terms, as amended from time to time, have been read and accepted. As you are bound by the Terms, you are encouraged to review the Terms prior to placing an order. Emily & Steve grants you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the Website and reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted by the Terms is strictly prohibited. You agree that you will not: alter the content provided on the Website in any way; use the Website to reproduce copyrighted material; commercially exploit, create derivative works from, or sell any of the Website content; otherwise, breach the Terms. You may be denied access to the Website with or without prior notice at the sole discretion of Emily & Steve, including if you do not comply with any of the Terms. All disclaimers and limitations of liability set out in the Terms survive termination of access.

DISCLAIMER

The Website (including all its Content) is provided by Emily & Steve on an “as is” basis. (‘Content’ includes, without limitation, any graphics, photographs, image rights, sounds, music, video, audio, or text on the Website.) You use the Website at your sole risk. To the maximum extent permitted by law, Emily & Steve makes no guarantee, representation, or warranty that: your use of the Website will be uninterrupted, timely, secure, or error-free; the Website will be free from loss, destruction, damage, corruption, attack, computer viruses, data non-delivery, interference, hacking, or other security intrusions; (collectively ‘Loss’), and Emily & Steve disclaims any liability to you for any Loss. You agree that you will be personally responsible for your use of the Website and for all your associated communication and activity. Your submission of any information to Emily & Steve is at your own risk.

EXTERNAL LINKS

The The website may contain hyperlinks to sites operated by parties other than Emily & Steve. Such hyperlinks are provided for your convenient reference only and linking to another site is at your own risk. Emily & Steve does not control such sites and is not responsible for their availability or content or the privacy or other practices of such sites, nor any loss or damage caused by or connected with your use or reliance on such external links or third-party sites.

SECURITY

Emily & Steve takes care to protect your online order information by using Secure Sockets Layer (SSL) technology. SSL is the industry-standard encryption technology for secure e-commerce transactions. When transmitting information via emilyandsteve.com.au, such as your credit card number and other personal information, the data is encrypted (scrambled) before being sent or received over the Internet. Nevertheless, the transmission of data over the Internet is not guaranteed to be totally secure and your transmission is undertaken at your own risk.

COPYRIGHT & TRADE MARKS

The Content on the Website, including (without limitation) text, graphics, information architecture, and coding, is subject to copyright. Merchandise and company names mentioned on the Website may be the trademarks of other people or entities. All title and intellectual property rights in and to the Content is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You are provided with access to it only for your personal and non-commercial use. Nothing contained on the Website should be construed as granting any license or right of use of any trademark or part of any trademark displayed on the Website without the express written permission of Emily & Steve or the third party owner.

AUTHENTICITY

Emily & Steve is an authorised online distributor for all designers displayed on the Website. The authenticity of every item offered for sale on the Website is guaranteed.

SOCIAL MEDIA

At its discretion, Emily & Steve uses social media sites but does not necessarily endorse or sanction the opinions or statements posted by users. Users of Emily & Steve social media sites must not post any comment or upload any content which is defamatory in nature, indecent, inflammatory, or discriminatory. Emily & Steve may moderate user-posted comments and content, including by removing inappropriate postings, and may otherwise block or suspend users.

COOKIES

Emily & Steve uses technology, such as “cookies”, to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. As you browse emilyandsteve.com.au, advertising cookies will be placed on your computer. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.

APPLICABLE LAW

The The website may be accessed globally. The laws of Victoria, Australia, apply to the Website. Emily & Steve makes no representation that the Website complies with the laws (including privacy and intellectual property laws) of any place outside Victoria, Australia. Any transaction on the Website is deemed to have taken place in Melbourne, Victoria, Australia.

ORDERS

These Terms apply to all purchases of merchandise from Emily & Steve. Purchases may be made in-store or by electronic means, (i.e., via the Website, phone, or email). By placing an order using any of these channels, you confirm your unconditional acceptance of the Terms. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. Merchandise is offered for sale for personal non-commercial use and not for resale or any other commercial benefit. Quantity restrictions may apply.

INFORMATION

Whilst Emily & Steve endeavours to ensure the accuracy of all details, descriptions, and prices which appear: on the Website; on the merchandise; in our communication with you; errors may occur. We may choose to not fill any orders (or part of an order) where an error or inaccuracy becomes apparent to us. We cannot, and do not, guarantee the correctness, precision, thoroughness, or completeness of any of the information, nor will we be liable for any inaccuracy or omission concerning any of the information provided.

ELECTRONIC ORDERS

Website, phone and email orders are available to individuals who: supply authentic personal details (including real name, phone number, email address); make payment using a valid credit/debit card issued by a bank acceptable to Emily & Steve, or via another valid payment method acceptable to Emily & Steve, such as Alipay and WeChat Pay. (You represent and warrant that your payment details are valid and correct and that you are the person to whom the billing information provided applies); authorise Emily & Steve to process a charge(s) on the credit/debit card in the amount of the total purchase price for the merchandise being purchased. Additional identification requirements may apply in order to confirm your delivery address.

To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized the user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).

Please read our “Privacy” page for information about how we use and disclose your personal information.

When you order an item via electronic means you are offering to buy it for the price stated, subject to these Terms. All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers. Emily & Steve will endeavour to notify you when you are the successful purchaser by sending an order confirmation to the email address you provide. It is your responsibility to review this notification. However, even if you do not receive the order confirmation, you are still responsible for payment. We may reject your order if an item is out of stock or we are unable to obtain authorisation for your payment.

Not all items featured on our Website, in advertisements, magazine editorial or fashion features, are available by phone order or via our Website. Please email or phone us if stocked merchandise is not available for adding to the Website shopping cart.

PRICE POLICY

Prices displayed on the Website and in-store are in Australian Dollars. Prices of merchandise may differ on the Website and in-store. “Sale Merchandise” refers to merchandise that is available for purchase at a price that is lower than an earlier published price. “Sale Price” refers to the price of the Sale Merchandise. Sale Prices on the Website already reflect reductions. When merchandise becomes Sale Merchandise, there is no adjustment or reimbursement available for prior purchases.

Price Fluctuation 

Occasionally prices may change throughout the season for reasons including (but not limited to) market pricing, currency exchange rates and other commercial factors. The price applicable to the item/s you purchase will reflect the current price at the point of your purchase. No price adjustment will be offered in the case of a change in price mid-season.

Sale Price Adjustment Policy

In the case of further markdowns on sale items, no price adjustment will be offered for items originally bought at a discounted price.

Promotion Code Policy 

Only one promotion code can be applied per order. Promotion codes are not applicable to sale items as these are already discounted.

PAYMENT

When you place an order, we will charge you, and you are obligated to pay, the price and any applicable Emily & Steve delivery and insurance charges. (Deliveries outside Australia will result in additional local import duties, fees, taxes , and charges to you, which you are responsible for.)

You can pay for your purchase by any of the methods specified on the Website or in our communication with you.

Your payment must be cleared before merchandise is delivered to you. If your payment cannot be processed, your order will be rejected.

In paying or attempting to pay for merchandise, you warrant that you have not engaged in any fraudulent conduct or contravened any law.

DELIVERY

Please read our “Delivery” page.

RETURNS AND REFUNDS

Please read our “Returns” page.

COMPENSATION

You agree to fully compensate Emily & Steve (and its directors, officers, employees, affiliates, licensors, agents, and suppliers) immediately on demand, and hold us harmless, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) any breach of the Terms by you, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (ii) the unauthorised use of your identity and credit card details for purchases on the Website caused by your action or inaction.

LIMITATION OF LIABILITY

To the full extent permitted by law and subject to your rights under the Australian Consumer Law, our entire liability in connection with the Terms will not exceed the purchase price of the merchandise in question.

We are not responsible for: any losses which are not reasonably foreseeable by you and us; any losses which are not caused by our breach or negligence; indirect losses which are a side effect of the main loss or damage (for example, business or trade losses, loss of profits, or loss of opportunity). We are not responsible for a failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.

Nothing in the Terms means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.

For clarity, nothing in the Terms is intended to limit your rights under the Australian Consumer Law as to the quality of goods sold by Emily & Steve, including the consumer guarantees.

SEVERABILITY

Any provision of the Terms which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions

NO WAIVER

If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

GOVERNING LAW

The Terms are governed by and are to be construed according to the laws of Victoria, Australia.

JURISDICTION

You submit to and accept unconditionally the exclusive jurisdiction of the courts and appellate courts of Victoria, Australia with respect to any legal proceedings brought in relation to the Terms.