These terms apply to the ordering, purchase and delivery of Goods from the Website, and In-Store, and form a contract between you and Silk and Sparkle Wedding Hub Pty Ltd ABN 47 605 541 839 of Shop 4/295-299 Pennant Hills Road Thornleigh NSW 2120. If you have a myaccount, you agree that these Terms (as amended from time to time) will apply to all of your Orders. These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability. If you have any questions, please contact our Customer Service Centre on 02 9484 2098 and we will be happy to assist you.
While we do our best, we cannot guarantee that the colors shown on the website exactly reproduce the colors of our products. This may depend on the color reproduction on your computer or mobile device.
Information on this website is subject to change without notice.
Unless otherwise indicated, copyright in the information on this website is owned by or licensed to “Silk and Sparkle”. This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or specifically authorized by law or in writing by “Silk and Sparkle”.
- Compliance with Terms
1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and “Silk and Sparkle” for the supply of Goods.
- Placing Orders for Goods
2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.2. From time to time, “Silk and Sparkle” restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
2.3. “Silk and Sparkle” will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
2.4. You agree to obtain consent to provide “Silk and Sparkle” with Personal Information of recipients of gifts or Goods Ordered by you.
2.5. You may Order from “Silk and Sparkle” if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.
2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order. In-Store Order cash payments will be limited up to a total Order value of $9,999.99 (including GST).
2.7. “Silk and Sparkle” reserves the right to accept or reject your Order for any reason at any time. If “Silk and Sparkle” rejects your Order you will receive a refund of any money paid.
- Availability of Goods
3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. “Silk and Sparkle” Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
3.4. “Silk and Sparkle” reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. “Silk and Sparkle” Online will fulfill the remainder of your Order.
3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
4. Custom Stitching
4.1 Custom stitching (size at your own risk) is limited to stitch your dress as per the product image and also according to your measurement with the material provided by the supplier.
4.2 Sometimes the tailor has to alter the design as per the customers’ measurements after taking consent from the customer. So as a result of this alteration, the dress may look a bit different from the product’s image. We recommend that you please select the design with your size/height in mind, as not every dress will look exactly the same on you due to your size/height. Please discuss your requirements in detail with the tailor before you want her to proceed with the stitching.
- Price and payment
5.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
5.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
5.3. “Silk and Sparkle” reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
5.4. Payment methods are specified on the Website or told to you at the time you place your Order. They include credit card, PayPal. The name on any credit card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for In-Store Orders, but not for Orders placed through the Website. Cheques cannot be used as a payment method for any purchases from “Silk and Sparkle”, including Orders.
5.5. Any payment for an Order must be cleared by “Silk and Sparkle” before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
5.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- Exchange and Returns
6.1. No return or exchange of Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, color etc.
6.2. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
6.3. “Silk and Sparkle” will process any refunds within a reasonable time if agreeing to do so.
6.4. If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
7.1 We aim to deliver products to you at the place of delivery requested by you during the order time within a timeframe indicated by us when you place your order, but we cannot guarantee any firm delivery dates. We usually ship goods with in two business days after the order is successfully paid. Shipping time depends on customer location and usually may take two to ten business days. Pick up for goods is usually available within next two business days.
7.2 We will try to let you know if we are 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.
7.3 You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
7.4 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 you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. 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; or
- 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).
7.5 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.
7.6 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.
7.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
8.2 .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
8.3. Unless otherwise indicated in your account settings or at the time you placed your Order, “Silk and Sparkle” may send you marketing information
8.4. If you wish to change or update your online account information (including your email address, password or communication preferences).
8.5. “Silk and Sparkle” reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
9.1. We may, at our discretion, terminate the agreement for the supply of Goods to you: a. for convenience, at any time, on giving notice to you; or b. immediately if “Silk and Sparkle” reasonably believes that you have breached these Terms and:
- that the breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
10.1. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
10.2. “Silk and Sparkle” may give notice to you by electronic mail. You may give notice to “Silk and Sparkle” by electronic mail to our Customer Service Centre.
10.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
10.4. A failure or delay by “Silk and Sparkle” to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by “Silk and Sparkle” does not preclude its future exercise or the exercise of any power or right.
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by “Silk and Sparkle” to deliver Goods.
Delivery Fee means a fee for the delivery of Goods.
Goods means the items offered for sale on the Website, through our In-Store Ordering system. GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
In-Store Order means an Order placed on your behalf by a “Silk and Sparkle” team member within selected “Silk and Sparkle” stores using a tablet or other electronic device. Only valid when paid by the customer in store
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
myaccount means your “Silk and Sparkle” online account through which you can facilitate your Order.
Order means a request by you to purchase Goods from Silk and Sparkle Wedding Hub under these Terms (whether through the Website, an In-Store Order).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website, on the In-Store Order confirmation or provided by a Customer Service representative.
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Returns Policy means the “Silk and Sparkle” Returns Policy. Website means the sites available from www.SilkandSparkle.com.au.
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.
We, Us, Our and “Silk and Sparkle” means Silk and Sparkle Wedding Hub Pty Ltd (ABN 47 605 541 839).
You and Your means you as the purchaser of Goods from Silk and Sparkle Wedding Hub pursuant to these Terms.