1. Copyright Policy
The website https://www.couturierbysd.com (“Site”) and the digital sales platform is operated by AeonBevy Pty. Ltd. (ABN 81621990225) on behalf of Couturier by Shehara De Silva (and referred as CouturierbySD, “we”, “our”, “us”).
These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of designer dresses ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a designer dress, you agree to be legally bound by these Terms and Conditions.
You confirm that the Purchases of any designed dress you make through CouturierbySD is for personal use only and not to be commercially resold.
© CouturierbySD 2018; you may not reproduce or communicate any of the content and designs on this website, and dresses purchased through this website, without the permission of the copyright owner.
You shall not make, store, transmit or make available unauthorized copies of copyrighted material on third party systems, equipment or storage media.
If you have any questions about this Copyright Policy, please contact us.
CouturierbySD, powered by AeonBevy Pty. Ltd. ABN: 81621990225, informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of our Website.
Information Collection And Use
While using our Site, we will ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address, phone number and address. We use your Personal Information only for providing and improving the Website. By continuing to use the Website, you agree to the collection and use of information in accordance with this policy.
We may use your Personal Information to contact you with marketing or promotional materials and news related to CouturierbySD.
Like many website operators, we collect information that your browser sends whenever you visit our Website (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from the website and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
3. Terms & Conditions
Please read these Terms and Conditions (“Terms”) carefully before using the https://www.couturierbysd.com website and the “Service” operated by us.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
If you are a stylist, a blogger or an influencer, we require you to utilize our services through our contact us form.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You acknowledge and agree that, by continuing to access and/or use the website, its pages and services, and/or by purchasing a designed dress through this website, that you have read, understood and agree to be bound by these terms, whether or not you have registered with the website. If you do not agree to part and/or all of these terms, you relinquish the right to access and/or use the website and/or its services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “You”, “Your” will refer and apply to that company or other legal entity.
Pricing & Taxes
Pricing is displayed in AUD (Australian Dollars) including compulsory goods and services (GST) tax, applicable for Australian transactions. You will receive a Tax Invoice at the completion of the transaction. You acknowledge that the Website adds this tax to the amount charged.
For transactions that are made outside of Australia, the Goods and Services (GST) tax will not be applied. However, the exchange rates will apply, pertaining to the country the customer is purchasing from.
Our service offers customers the choice of requesting product shipping insurance at the time of purchase. The default pricing of product does not include the shipping insurance. The customer has the option to add shipping insurance for delivery of product for an additional 2% fee on the total invoice value which is paid to the shipping company.
NOTE: Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that due to photographic and screen limitations associated with the representation of dresses, some actual dresses may differ to a small extent in visual appearance, such as the colour from the way they appear on the website. In addition, where it is suitable to do so, some depictions of dresses are created and used for promotional purposes and may not be an exact representation of the dresses received.
CouturierbySD reserves the right, at its sole discretion, to modify, discontinue or terminate the Website or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Website or Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services.
Website Access Eligibility
The Website and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 18 or older.
Purchasing CouturierbySD Designer Dresses
If you wish to purchase any Dress, designed, produced and sold through https://www.couturierbysd.com, you will be asked to supply certain information relevant to your Purchase including, without limitation, creation of an account and you will establish a username and a password. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown the price you must pay including GST for Australian customers and excluding GST for other customers from around the world.
You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before
providing you with the product and carry out security checks. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
- us suspecting that you might on sell our Products to other consumers.
- the payment has not gone through.
Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
We have contracted the service of delivery agents who will aim to leave the Order at the address advised by you at the time of purchase. The terms and conditions of the shipping company.
You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us;
- no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
for more information.
Please note that any customs tariffs and other charges applicable by law will be borne by the customers at the time of collecting the product as per the regulations of the country the purchase takes place from.
If you have any questions about these Terms & Conditions, please contact us.
- Returns & Refunds Policy
https://www.couturierbysd.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Refunds will be issued within 10 business days of receipt of returns.
We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
If you wish to cancel your order, please contact us via [add contact us URL]. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
4. Faulty Product Returns
We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us via [add contact us URL] as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
If the Product is confirmed to have a defect, we will refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect, we will ship the Product back to the customer, with an explanation of the reason for rejection. No refund will be issued for rejected returns.
It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
You can return any Product
(a) within 14 days of receiving the product;
(b) unworn and unused with the original tags still attached, where applicable; (c) in the original packaging, which must be in the original condition.
Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with our return clauses, we will, at your request,refund the Price of the Product returned to your original payment method;
Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
Mediation and Dispute Resolution
In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute.
Registering to the Website
You register to our website to make a purchase and/or to receive information related to the work of CouturierbySD. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
See CouturierbySD Copyright Policy for information and notices concerning CouturierbySD designed dresses and use of the website. All listed and dresses sold through https://www.couturierbysd.com belongs to CouturierbySD and is for your personal use only, and are not to be commercially sold and/or resold.
Guarantee & Liability
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
- To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
- We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
- You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
- We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
- To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
- Our total Liability under any Contract shall in no circumstances exceed,
- in the case of Products, refund of the Products or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
If you have any questions about this Returns & Refunds Policy, please contact us.