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TERMS & CONDITIONS  

Last updated: 13 March 2017

These terms and conditions as amended from time to time (the “Terms”) regulate the business relationship between you and us. By using our Website in any way, or by purchasing products and goods, you agree to be bound by them.

We are: 3Dfashionable (hereinafter referred to as “3Dfashionable”)

Our address is: 1/19 Wellington Street, Bondi, New South Wales, Australia, 2026

You are: a visitor to our Website / customer of 3Dfashionable

 

1. Definitions

In these Terms:

"Content" Means any content in any form published on our Website by us or any third party with our consent.

"Services" Means the service being provided by 3Dfashionable on our Website and/or through any other lawful means of provision of services. 

"Our Website" Means any website of ours, and includes all web pages controlled by us, including / and its subdomains, our mobile applications and any other access to our Services through any interface we may develop.

 

2. Interpretation

2.1 In these Terms unless the context otherwise requires:

- A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- By accessing the Services through our Website or otherwise, you unconditionally and irrevocably agree to be bound by these Terms, all applicable laws and/or regulations and you agree that you are responsible for this compliance.
- These Terms prevail over any terms proposed by you.
- Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- Any obligation of any person arising from these Terms may be performed by any other person.
- In these Terms references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- The headings to the paragraphs and schedules (if any) to these Terms do not affect the interpretation.
- A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- If there is any conflict between these Terms and other terms and conditions on our Website, these Terms will prevail.
- These Terms are made only in the English language. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.

 

3. Our contract with you

3.1 These Terms contain the entire agreement between the parties and supersede all previous agreements and understandings between the parties. 

3.2 If you use our Website in any way and make an order on behalf of another person, you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

3.3 We do not guarantee that Services advertised on our Website are available. We may change these Terms from time to time. The Terms that apply to you are those that are posted on our Website at the time you place an order for Services. 

3.4 If in future, you purchase Services from us under any arrangement which does not involve your payment via our Website; these Terms still apply so far as they can be applied. 

3.5 We provide Services for our customers across the globe. However, we may refuse to deliver the Services at a location we do not serve for any reason.

 

4. Acceptance of your order

4.1 Your placement of an order is an offer to order our Services. Nothing said or done by us is an acceptance of an order until we confirm acceptance in confirmation email, referring to the order.

4.2 All orders are subject to availability and confirmation of the order price. At any time before an order is dispatched, we may decline to complete the order to you without giving any reason.

4.3 Dispatch times may differ according to availability. Delays resulting from postal delays or force majeure for which we will not be responsible may occur.

4.4 When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

 

5. Prices, additional fees and payment

5.1 All prices payable for the products that you order is clearly set out on our Website. The cost of products may fluctuate due to currency change.

5.2 Our prices for products may be changed by us at any time prior to you placing an order. We will never change the prices after you have ordered products, except for errors. If we discover an error in the price of any product which you have ordered, we will notify you in writing as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

5.3 Please be aware that some banks and credit card companies impose fees for international transactions. As a result, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of your country of residence. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the order. 

5.4 Our prices include goods and services tax (“GST”). 

5.5 We accept all card types, including Visa, Visa Electron, Mastercard, Maestro, American Express, as well as other payment methods, such as, without limitation, PayPal.

5.6 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.

 

6. Security of your credit card

6.1 We take care to make our Website safe for you to use.

6.2 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

 

7. Returns and Refunds 

7.1 You are entitled to return any product you ordered within 30 days of receipt for refund or for exchange. We will refund or exchange the product only if such product is in its original condition and unused, which includes original packaging and unattached tags.

7.2 If you need to refund or exchange your order, you will need to enclose your delivery and return note that accompanies the package.

7.3 Please be aware that before the product returned reaches our warehouse, the safety of returning products is your responsibility. Please make sure that the packaging of returning products is reliable.

7.4 We will inspect all products on return.

7.5 We will usually refund any money received from you with the same payment method you used to purchase the products you ordered.

7.6 If we owe you money we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 20 days from the date when we accept that repayment is due.

7.7 When dispatching your order, we always inspect the quality of products. In rare situations you may receive products with defects. In this case please contact us via contact us and send us the products back to our warehouse in accordance with our Returns and Refunds Policy described above.

7.8 We will inspect the products. If the quality of products is defective, then we will offer you refund or replacement of your order. If the product is not defective, then we will not accept refund or replacement, and ship the product back to you.

 

8. Cancellation

8.1 If you wish to cancel your order, please contact us via contact us No cancellation fee will apply. We cannot cancel your order, once we have processed it. If you still want to cancel your order, the Return and Refund Policy described above shall apply.

 

9. Gift cards 

9.1 Our customers may buy gift cards of 3Dfashionable as a present or for their personal use. Such gift cards may be of any value that you desire.

9.2 Gifts cards can only be used on our Website and cannot be changed in cash. When purchasing any product on the Website, the amount of the product will be deducted from the value of the gift card. You can check the remaining balance in your account. 

 

10. Intellectual Property

10.1 All rights, title and interest on product that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by 3Dfashionable and its affiliate businesses and/or companies. This product includes, but is not limited to, all images, photos, text, information, graphics and videos.

10.2 An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal purposes.

10.3 We will defend the intellectual property rights in connection with products, Services and our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

10.5 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

10.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

11. Service Warranties

11.1 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by 3Dfashionable to you which cannot be excluded, restricted or modified (“Statutory Rights”). Our liability is governed solely by the ACL and these terms and conditions. 3Dfashionable excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

11.2 If you are a consumer as defined in the ACL, the following applies to you: 3Dfashionable guarantees that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us what you are acquiring the Services for, or that you have told us about a result which you wish the Services to achieve (unless we consider and disclose that this purpose is not achievable); and will be supplied within a reasonable time. 

11.3 To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the services to you, or, at our option, 3Dfashionable refunding to you the amount you have paid 3Dfashionable for the product to which your claim relates, minus any payment processing fee or payment gateway refund fee.

 

12. Disclaimers 

12.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.

12.2 All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from these Terms to the extent permitted by law.

12.3 We or our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Services, at any time and without advance notice.

12.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

12.5 You are advised that some products may slightly differ in its visual appearance from their screen appearance. This may be caused by photographic and screen limitations.

12.6 Use of our Website is at your own risk. To the extent permissible by law, 3Dfashionable does not make any, and excludes all express or implied warranties, representations, statements, terms and conditions relating to your use of the Services or Content available on or from our Website.

12.7 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the Services.

 

13. Matters beyond our reasonable control

13.1 There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Services or for breaching our obligations.

 

14. Your account with us

14.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.

14.2 If you use our Website and register an account, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

14.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

15. Security of Our Website

15.1 If you violate our Website and/or any terms of these Terms, we shall take legal action against you.

15.2 You now agree that you will not, and will not allow any other person to:

- Modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it.
- Link to our Website in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- Download any part of our Website, without our express written consent;
- Collect or use any product listings, or descriptions, or images;
- Collect or use any information obtained from or about our Website or the Content except as intended by these Terms;
- Aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by these Terms or as is reasonably necessary for your use of our Website;
- Share with a third party any login credentials to our Website.

 

16. Indemnity

16.1 You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

- Your failure to comply with the law of any country;
- Your breach of these Terms;
- Any act, neglect or default by any agent, employee, licensee or customer of yours;
- A contractual claim arising from your use of the Services;
- A breach of the intellectual property rights of any person.

 

17. Miscellaneous matters

17.1 When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

17.2 If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. 

17.3 The rights and obligations of the parties set out in these Terms shall pass to any permitted successor in title.

17.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.5 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

17.6 In the event of a dispute between the parties to these Terms, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.7 These Terms do not give any right to any third party.

17.8 Neither party shall be liable for any failure or delay in performance of these Terms which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.

17.9 In the event of any conflict between any term of these Terms and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of these Terms shall prevail.

17.10 The validity, construction and performance of these Terms shall be governed by the laws of the State of New South Wales, Australia.