Terms & Conditions of Sale
|Brides Closet | Terms and Conditions of Sale
PO Box 8260
Glenmore Park NSW 2745
P: 1300 040 853
M: 0424 283 486
Brides Closet ABN to 47 151 399 512 (Brides Closet) agrees to provide you with the Goods on the following terms and conditions.
In these terms and conditions:
Dress Sizes- Standard sizes and measurements for Goods as listed on the Brides Closet website.
Goods - the goods specified in the Quote.
GST – has the same meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
Order - placing an online, by phone or in-store order for the purchase of the Goods based on the Quote.
Deposit- 50 per cent of the Purchase Price.
Online Deposit- For orders made online, 50 per cent of the Purchase Price.
Purchase Price - the amount specified in the Quote for the Goods and includes the postage and handling fees.
Quality Control- Inspection of the Goods prior to supply to you in order to check for any faults and/or defects.
Quote - the quote provided to you by Brides Closet.
Tax Invoice – has the same meaning as in the GST Act.
we or us means Brides Closet ABN 47 151 399 512 and our has a corresponding meaning.
you means the customer referred to in the Quote.
2. Terms and Conditions to Govern
You accept the Quote by submitting the Order online or in-store. If you place an Order you agree to these terms and conditions. These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Brides Closet unless made in writing, signed and approved by the director of Brides Closet. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
On placing the Order you must pay the Deposit or the Online Deposit if you are ordering the Goods online. On collecting your Order or at the time the Order has been received by us and is being posted to you, the remainder of the Purchase Price must be paid in full prior to collection or postage of the Goods.
4. Cancellation and Refunds
If you then cancel the Order for any reason after seven (7) days from the date of the Order, you agree and acknowledge that the Order is non-refundable.
If you cancel the Order within seven (7) days of the date of the Order, your Deposit or Online Deposit will be refunded if work has not commenced on making of the Goods.
Standard goods are non-customised items eg. ready to wear dresses, shoes and veils. You are entitled to an exchange, repair, replacement or refund if the standard goods you receive are damaged/defective or do not comply with the specifications of your order.
Customised goods are standard goods that have been customised to your specifications.
If you receive damaged/defective customised goods, a replacement, a repair or exchange of the goods will be offered. Refunds on customised goods are only offered at our discretion e.g. A faulty zipper or loose thread on a customised gown is not considered sufficient grounds for a refund. Please refer to clause 10 in relation to our repair of faults in construction.
We will consider each case individually, and will work with you to resolve and remedy any problem situations that may arise
All goods are inspected for damage/defects prior to postage and we do not intentionally dispatch damaged/defective goods to our customers. If you receive any goods from us that are damaged/defective or if the goods do not comply with the specifications of your order, please send us an email explaining the problem within seven (7) days of receipt of the goods, with photographs of the problem, so that we can see the issue clearly and resolve the matter quickly. All notifications received are attended to and resolved on an individual basis. No exchanges, replacements or refunds will be considered if notification is not received within seven (7) days of receipt of the goods, or if the goods have been worn or show evidence of wear. Customers are responsible for the cost of return postage and ensuring the safe return of goods to us.
In line with prevailing Australian consumer legislation, we do not offer exchanges, replacements or refunds on any goods if you simply change your mind, find a similar product cheaper elsewhere, get pregnant, cancel your wedding, or for any other reason. There are no exceptions. Please choose carefully as all sales are final, and subject to the conditions outlined herein.
We have a lay-by option and if this is requested by you, at the time of placing the Order you must pay 30% of the Purchase Price by way of a deposit. You agree that you will have paid 50% of the Purchase Price 6 months prior to the wedding date. You further agree to pay the balance of the Purchase Price at the time of collection of the Goods. You acknowledge that we will not commence any work on the Goods until 50% of the Purchase Price is paid.
The Purchase Prices listed on our website include 10% GST. However, unless expressly included, the consideration for any supply under or in connection with the Quote does not include GST.
To the extent that the supply of the Goods is a taxable supply the recipient must pay, in addition to the consideration provided under this document for that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the additional amount at the same time as the consideration to which it is referable.
7. Sizes, Measurements & Alterations
Brides Closet no longer makes the Goods to measurements provided by you. Our Goods can be ordered in Dress Sizes AU2/US0 to AU26/US24. Please refer to the measurements provided on our website for the sizes in order to determine the best size for you. Any alterations you may require in order to resize the Dress Size you order to fit you is to be paid by you. Brides closet will refer you to our preferred alterer, however, you may elect to retain your own alterer. The responsibility of any alterations is your own and to be undertaken at your own cost. Brides Closet takes no responsibility for any changes made to the Goods after collection.
We recommended that you get a qualified seamstress or tailor to take your measurements as outlined in the Measurement Guide provided to you by us. It is your responsibility to ensure you take correct measurements for the Goods. We do not take any responsibility for incorrect measurements or information provided to us by you. However, if you select a size too small and a larger size is available, Brides Closet will exchange the Goods for the larger size. We recommend you select a larger size if you are in between two sizes and have the Goods altered to fit you at your own cost. Brides Closet does not carry enough stock to exchange the Goods for different Goods, only different sizes of the same design of the Goods.
Although the Goods are made to the Dress Sizes, customizations are available at an additional cost upon requests in writing for the following elements of the Goods:-
o Bra cup size;
o Straps (within reason);
o Colour (from charts only);
o Sizes over 26;
o Train (sweeping train included, larger trains at additional cost);
o Belts; and
Please refer to clause 4 in relation to terms of refund on customized items.
A charge for additional material required for sizes 18 and over will be applied to your Order at the time of the Quote.
Brides Closet will not charge you upon collection of your dress and the final fitting.
If the material you have requested at the time of the Quote and/or Order is unavailable or becomes unavailable, we will endeavour to find a replacement material that is as close a match as possible to the ordered material. You agree that if the exact shade, style or colour of the material is or becomes unavailable you will allow us to provide you with the closest substitutes from which you must choose a material for the final substitution. You agree and acknowledge that, subject to clause 4, you will not be provided with a refund of the Purchase Price if a substitution material is required.
9. Tailoring Time and Delivery
The time periods outlined in this clause for the making of the Goods begins only once we have received the measurements and Deposit for the Goods. It will take approximately 25 weeks for our professional dressmakers to make a wedding dress, depending on the complexity of the dress. It will take approximately 4-16 weeks for our professional dressmakers to make bridesmaid’s dresses and formal gowns, and 2- 4 weeks for veils, vests, ties and other items available for purchase. All times are approximate and depend on the complexity of the item ordered.
Work will not be undertaken on Goods over public holidays, Christmas and Easter holidays and any other holiday periods. You agree that you must take any and all holiday periods into account when placing your Order with us. You agree that it will not be our responsibility if you do not leave enough time prior to your wedding date or event to receive the Goods and have time for alterations, which may be necessary.
Any delivery times made known to you are estimates only. You will be advised by us should the time be expected to exceed this estimate. You agree that we will not be liable for any late delivery and we will not be liable for any loss, damage or delay occasioned to you or any other persons arising from late delivery.
10. Faults in Construction
Subject to the provisions of clause 4, we will pay to fix the Goods if they are faulty, meaning that there is a fault in the fabric, sewing or decoration. You must contact us within seven (7) days of receiving the Goods to report the fault. We will then advise you how to return the Goods for alteration.
If you order online and the Goods require alterations due to a fault on our part, which is acknowledged by us as our error, we agree to pay for alterations to be made by a local tailor or dressmaker. This payment is subject to you advising us of the contact details and/or quote from your local tailor or dressmaker prior to the alterations being made for our final approval.
11. Changing Your Mind
Subject to the provisions of clause 4, you agree that we are not obliged to provide you with a refund for change of mind.
12. Damaged Delivery
You agree and acknowledge that the Goods are sent to you using registered mail with Australia Post. We will provide you with the registered post tracking number once we post the Goods.
We take photographs of all Goods prior to posting to you and have records of the condition of the Goods at the time of postage. We will not be responsible for any damage to the Goods, which occur during the transit period when they are in the possession of Australia Post staff. Any claims made for damage will need to be made through Australia Post. We will assist you in these claims by providing you with the photographs of the Goods taken by us prior to postage.
Please refer to clause 4 in relation to damaged or defective goods.
13. Retention of Title
We will retain the Goods until such time as the whole of the Purchase Price has been received in cleared funds by us.
14. Force Majeure
We shall not be liable for failure to perform our obligations resulting directly or indirectly from or contributed to by acts of God; acts of you, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labour, fuel or supplies; or other circumstances beyond our reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. We may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which we deem fair and reasonable. In no event shall we be liable for special or consequential damages for any delay for any cause.
Notwithstanding the provisions of clause 7, you place no reliance on our skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. You will defend, indemnify and hold harmless us, our successors, assigns and subsidiaries from and against all costs (including solicitor's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed against us for any alleged violation of any federal, state or local law, rule, regulation or standard, by reason of or in connection with any use of the Goods delivered by us.
16. Exclusion of Warranties and Limitation of Liability
Except as may be set out in these terms and conditions and the Quote, we make no express warranties or representations in relation to the Goods or its delivery. To the full extent permitted by law we exclude all implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability, fitness for purpose or otherwise.
We will not be liable for loss of profit, indirect, consequential or incidental loss, damage or injury in connection with the Goods.
However, 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 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.
We note that Brides Closet undertakes Quality Control of the following
elements of the Goods:-
o Closures; and
The provisions upon which you may make a claim under this warranty for defects are in accordance with these terms and conditions.
Nothing in this document will prevent you from exercising any rights which you may have under the Competition and Consumer Act, 2010 or any other law which cannot by law be excluded or modified by agreement.
No waiver by us of any default, breach or repudiation by you will affect our rights in respect of any further or continuing default, breach or repudiation. These terms and conditions supersede and replace any arrangements, representations, agreements or understandings made or existing between you and us and (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of the Goods. If there are any inconsistencies between these terms and conditions and any information contained on our website, the provisions in these terms and conditions shall prevail. These terms and conditions will be construed in accordance with the laws of New South Wales.