TERMS AND CONDITIONS

Terms and conditions that apply to your dealings with Emily and Steve Pty. Ltd and emilyandsteve.com.au are accessible below. These terms and conditions are collectively and individually referred to on the Website as ‘Terms’. The Terms apply to all users of the Website and by using the Website and purchasing from us, you agree to be bound by these Terms. Whilst the website can be viewed by the general public, all persons who purchase products from us must select to have products sent to a verified postal address. Emily and Steve Pty. Ltd 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 Emily and Steve Pty. Ltd.

PRE-ORDER POLICY

Pre-order items are stock which are not in hand and therefore, will be a waiting period around 15 to 30 business days to receive the items. (unless otherwise specified)
BEFORE PRE-ORDERING, PLEASE READ THE RULES & REGULATIONS BELOW:

  • Pre-orders require full payment to be made upfront at checkout.
  • Please note that due to the nature of pre-order items, we will not be accepting order cancellations.(unless we cannot fulfil the order)
  • We cannot estimate or guarantee a specific dispatch date so we cannot guarantee products will be available within 3 weeks, due to external reasons (eg. shipping delays, custom delays, etc.) We will dispatch orders the moment they arrive.
  • The pre-order is to secure you an item regardless of market changes. We will ship your order even market price of the item going up, on the other hand we cannot control market price fluctuations and we do not apply price match to pre-order items, hence we cannot provide any refund, nor accept order cancellations due to such reasons.
CLICK AND COLLECT POLICY

Our ‘Click and Collect’ service is available from 1pm to 6pm by APPOINTMENT ONLY in the duration of lockdown restrictions. Please contact us via PHONE / EMAIL / MESSAGES to book/confirm your ‘Click and Collect’ appointment.
‘Click and Collect’ location: 135 A’Beckett Street, Melbourne VIC 3000
To collect your purchase, simply present your receipt or email confirmation to us along with a valid photo ID and the card you purchased with.
Please note that purchases will be dispatched upon credit card authorisation and verification.
Should you have any questions in relation to your purchase, please contact our support team at [email protected]

SHIPPING POLICY

We aim to deliver your chosen items to the place and person of your choice in perfect condition and in the shortest possible time for delivery within Australia, we endeavour to ship your order within 1-3 working days via Australia Post, with delivery likely to be made within a further 1-3 working days. Our delivery charge within Australia is currently AUD $14. And we offer Australia wide free shipping to merchandise over AUD $300. Free shipping offer may end any time without notice.
International delivery is available, the International shipping costs is AUD $50. And we offer free International shipping for orders over AUD $1000. Please note, your merchandise 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 be required to pay additional customs clearance charges. Emily & Steve is not liable for, nor responsible 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 Emily & Steve, you are responsible for the original shipping charges (even on purchases that included free shipping at a cost to Emily & Steve), duties, fees, taxes and / or customs charges incurred, and the cost of return shipping. 
You can track your shipment on the Australia POST or DHL International Express website by the tracking number in the shipment completed email.
Delivery timeframes are approximate and should your delivery not be made within the timeframe specified we will make every effort to notify you and to rectify the the situation as quickly as is practically possible.
“Working day” means a day that commercial banks are open for business in Melbourne, Australia.

RISK OF LOSS

All products purchased from the Website (or email / phone purchases for delivery) are transported and delivered to you by an independent carrier not affiliated with, or controlled by Emily & Steve. Title to the merchandise purchased on the Website (and by email / phone), as well as the risk of loss for such merchandise passes to you when Emily & Steve delivers the merchandise to the carrier.

EXCHANGE & RETURN POLICY

This returns policy is only eligible to orders from Emily & Steve websites.

Emily & Steve is committed to meet its obligations to provide customers with goods that are of acceptable quality, and, when ordering from the Website, match the description and sample displayed on the Website.

Returned items must comply with our returns policy:
  • Items must be returned unworn, undamaged and unused, with all tags attached and the original packaging included.

  • Footwear and accessories must be returned with the original branded boxes and dust bags, where provided, and placed inside a protective outer box for shipping. 

  • When trying on footwear, please take care not to mark the soles or damage the shoe box.

  • If an item has a Emily & Steve security tag or brand tag attached, it must be returned with the tag in its original position.

  • For order(s) comes with our complimentary gift(s), please ensure the gift(s) remains UNOPENED/BRAND NEW, if you wishes to exchange/return your purchase.

  • Earrings, socks and underwear cannot be returned for a refund or exchange for hygiene reasons.

  • *All refunds exclude shipping cost.

For any Online purchase that is not Sale Merchandise, we offer the opportunity for you to obtain either a refund or an exchange or gift card if you are not satisfied with the size/fit of your purchase made via the Website, provided that the merchandise is returned to us and received by us in its original condition within the time frames set out below. Proof of purchase is required.  This offer does not include a refund of delivery charges.

For Sale Merchandise excluding Final Sale Merchandise, we offer the opportunity for you to obtain an exchange or e-gift card if you are not satisfied with the size/fit of your purchase made via the Website, provided that the merchandise is returned to us and received by us in its original condition within the time frames set out below. Proof of purchase is required. This offer does not include a refund of delivery charges. Sale merchandise will have limited size/fit, if there is no right size/fit for you, only the e-gift card of Emily & Steve will be provided as store credit.

For Final Sale Merchandise, they are not eligible to be returned.

(For clarity, we do not extend these offers to in-store purchases where the customer has had the opportunity to inspect and try on the merchandise before making the purchase.)

Time frames

For Refund: Received by Emily & Steve within 7 Calendar Days from the date the merchandise is deemed to have been delivered to you.

For Exchange: Received by Emily & Steve within 7 Calendar Days from the date the merchandise is deemed to have been delivered to you.

If you would like to return or exchange your electronic purchase please notify us by email at [email protected] within 24 hours of receiving your purchase, and please tell us your order number, noting the item(s) you wish to return or exchange, the reason(s).

Once we have received the returned item and have ensured the merchandise is in new and unused condition with the designer garment tags and E&S security tag(s) attached in its original position, we will either dispatch a new item or arrange a refund or send a gift card by email. Approved exchanges will incur additional delivery fees, which must be paid by you in advance of dispatch of the new item.

Please note that time is of the essence.  If the conditions stipulated by Emily & Steve are not met, including as timeframes, Emily & Steve will have no obligation to refund, exchange or return the merchandise to you.  You may arrange collection at your own expense.

Merchandise that is damaged, or soiled in transit to Emily & Steve will not qualify for refund or exchange under this Returns Policy.

Emily & Steve strongly recommends you return your item by registered mail such as Australia Post or registered courier (such as FedEx, UPS, DHL, or TNT), so your package can be tracked. Emily & Steve will not take responsibility for any undelivered merchandise.

How to return?

Please contact [email protected] for return instruction.

Product Fault/ Repair Claims: 

We take great care in packaging for all online orders and we examine all product before it leaves our Boutique to ensure the condition is perfect, however, if you find an item faulty upon receiving it please notify us via email immediately at [email protected] Please send through a brief description of the issue and supporting imagery and we will advise a solution.

If you have experienced an issue or fault with an item after use, please email us at [email protected]  providing a brief description of the issue and send supporting imagery to showcase the concern/s, and we will respond advising next steps required. As a multi-brand retailer, Emily & Steve is unable to accept responsibility for any manufacturing faults however we work closely with Brands to ensure the best possible outcome for both parties*.

Please note that items which are damaged as a result of misuse, by accident or by normal wear and tear will not be considered faulty.

*As an ambassador for the brands stocked at Emily & Steve, we will liaise between our clients and the brand to resolve all cases. Our aim is to resolve all cases with a positive outcome on behalf of our clients, however, please be advised that we must work within the guidelines provided by each individual brand.

PRICING 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.


AUTHENTICITY GUARANTEE

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.



PRIVACY POLICY

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.

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.

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.


USE OF WEBSITE

USE OF WEBSITE

The ‘Website’ (emilyandsteve.com.au) is owned and operated by Emily & Steve Pty. Ltd. 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.

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.

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.

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.

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.

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.