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TERMS & CONDITIONS

In General

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website without notice.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. By using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to you on or through this website remain the property of Order Of Style PTY LTD and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (“Order Of Style”) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Order Of Style and its licensors.

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery | Returns  pages for further information.

In order to contract with Order Of Style you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Order Of Style retains the right to refuse any request made by you.

OUR CONTRACT

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

PAYMENT

Upon receiving your order we will process the payment through our payment gateway. Goods will not be dispatched until the payment has been processed and approved.

We may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue including but not limited to discount codes, free shipping offers and any other offers we may extend to the customer.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Order Of Style and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Order Of Style ‘s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability, which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

INDEMNITY

You agree to indemnify, defend and hold harmless Order Of Style, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

VARIATION

Order Of Style shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our Customer Service team know if you have any complaints or comments by emailing us at [email protected]

Waiver

If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Order Of Style.

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

SEVERABILITY

Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Order Of Style.

ORDER OF STYLE AFFLIATE PROGRAM TERMS OF USE

These Affiliate Program Terms and Conditions are in addition to the above Terms and Conditions, to which you agree by using this Website. To the extent the Terms and Conditions are inconsistent with these terms, these terms will control with respect to the Affiliate Program only.

For you to receive a referral gift certificate for inviting a new customer through the Affiliate Program:

  1. You must have a valid customer account on orderofstyle.com (the “Website”);
  2. You must send an email invitation using the email form mailer located on our site.
  3. The customer whom you refer must click on the link in your email invitation and register a new account. We will determine in our sole discretion whether your email invitation was used to create the account.
  4. The referred customer who registered the new account must be a new customer and not an existing or returning member of the Websites. We will determine in our sole discretion whether the customer is a new customer.
  5. The referred customer must make a purchase on the Website.
  6. The referred customer must not return that purchase.

You are not eligible to receive more than $599.99 in referral gift certificates in any year.

You will receive a referral gift certificate credited in your account within 45 days after a customer referred in accordance with these terms; makes a purchase. Referral gift certificates can be redeemed only on the Website and are valid for one-time use only, are non-refundable and non transferrable. They are only valid for 3 months from date of issue and no rain-checks or holds can be placed on there use.

If you use referral gift certificates to purchase a returnable item and you return that item, the amount of the referral credits used to pay for the item will be deducted from the total amount of the refund.

We may specify certain products that are ineligible for payment using referral gift certificates from time to time.

Referral gift certificates are issued to the referring account at our discretion and cannot be transferred, bartered, or sold.

Participation in the Affiliate Program may require you to submit personal information about you and the customers you refer, such as name and email address. You agree to receive communications from us with regard to your participation in the Affiliate Program and to allow us to communicate with referred customers about your participation (for example, by disclosing to them that an invitation was sent by you). Any information collected from you or your referred customers as part of the Affiliate Program will be subject to our Privacy Policy

We may void your referral gift certificates, terminate your eligibility to earn referral gift certificates, or terminate your account or the accounts of customers you refer if we determine in our sole discretion that you or they take any of the following actions:

  1. Open multiple accounts, including with different email addresses, for the same person in order to generate additional referral gift certificates;
  2. Refer customers using, spam, display advertising, sponsored links, unsolicited emails, or links on message boards, or forums.
  3. Distribute your personal invite link via email or text message or in any offline method (e.g., in any printed material, mailing, or other document, or any oral solicitation), other than through any online tools we make available to you;
  4. Use false names, impersonate other people, or otherwise provide false or misleading information to us;
  5. Offer any incentive to others to register new accounts;
  6. Violate these terms or any other of the Websites’ terms and conditions in any way; and
  7. Participate in the Affiliate Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove, or otherwise change these terms, including without limitation by changing the amount of the referral gift certificates; modifying how you may earn and spend referral gift certificates; modifying the duration and expiration of referral gift certificates; requiring minimum purchase amounts for use of referral gift certificates; changing the maximum amount of referral gift certificates that you may earn; and discontinuing the Affiliate Program entirely. We will post an updated version of these terms on the Website, and you will be deemed to have accepted such changes by continuing to use the Website or the Affiliate Program after the date such changes are posted.

ACCOUNTS

An individual is deemed to be an Account Holder of an Order Of Style My Account when they sign up on the Website and activate their Order Of Style Account.

Activation of the Order Of Style Account is deemed acceptance by the Account holder in acceptance of the Account Terms and Conditions.

Membership for the Order Of Style Account is only open to individuals with a valid email address.

At any time, Account Holders can only have one Account with Order Of Style.

Order Of Style reserves the right to refuse or terminate any Account of the Order Of Style Account Program without prior notice or reason and in its absolute discretion.

Accounts are not transferable.

It is the responsibility of the Account Holder to update their Account profile.

An Account Holder can at any time terminate their membership by providing written notice to Order Of Style or my contacting customer service at [email protected]

ORDER OF STYLE ACCOUNT TERMS OF USE

Individuals who create an Order Of Style agree to be legally bound by the Account Terms and Conditions.

The Account Terms and Conditions may be modified at any time without prior notification by Order Of Style in its absolute discretion. Despite anything to the contrary contained in this document, any modification to the Terms and Conditions may be applied to an account holder retrospectively.

Order Of Style will not accept any liability for any email communication to any account holder that is misdirected, lost or not received.

Order Of Style will not accept any liability for any technical issues that may cause damage to any computer related to or used in connection with the Order Of Style Account.

Order Of Style may collect personal information from the account holders for the purpose of facilitating the Order Of Style Account Program. Please see Order Of Style’s Privacy Policy for more information.

In its absolute discretion, Order Of Style reserves the right to cancel, terminate, modify or suspend the Order Of Style Account function at any time.

The Account Terms and Conditions are to be read in conjunction with any additional conditions associated with the Order Of Style Website’s Terms and Conditions. In the event of any discrepancies, Order Of Style’s decision in its absolute discretion will be final and binding.

Order Of Style’s decision in relation to all matters arising in relation to the Order Of Style Account is final and binding.

Definitions

Activation/Activate refers to the process required to activate the Order Of Style account.

Benefits means any benefits given to the account holders.

Account holders means individuals who sign up and create an Order Of Style Account.

Account Holder Profile means the personal details of the account holder that can be updated on the Website.

“Account Terms and Conditions” mean the terms and conditions set out on this page and as updated on this page from time to time.

Website refers to the website Order Of Style.com.au where details of the Order Of Style My Account program (including the most up to date Terms and Conditions) can be found. The Website also provides for the facility to activate the Order Of Style My Account and update the My Account Holder Profile.

Technical Issues means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.

Terms and Conditions mean the Terms and Conditions set out in this agreement and as updated on the Website from time to time.

Order Of Style Account means the loyalty program operated by Order Of Style providing account holders with access to their purchase history, including but not limited to the value or purchases made, the size of the items purchased, returns made, and anything else that Order Of Style deems appropriate to record in theses Accounts.

Order Of Style means Order Of Style Pty Ltd ABN 96 530 685 693, its related bodies corporate and its authorized representatives.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

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