These terms set out the agreement for online trading between Spell Designs (USA) Inc (EIN 36-4825970) ("Spell Designs") and the user of this website ("You/Your") Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
This Website is owned and operated by Spell Designs.
Placing an Order and Payment
By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.
Payment must be made at the time of submitting the Purchase Order. Payment can be made by Visa, MasterCard, Amex, Afterpay or PayPal only. You warrant that You are an authorised user of the credit card, Afterpay account or PayPal account used to complete payment.
All Purchase Orders placed through this Website are subject to confirmation and acceptance by Spell Designs. We will email you with confirmation of the receipt of Your Purchase Order. Spell Designs may reject Your Purchase Order for any reason and refund any payment made by You, at any time prior to dispatch.
The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.
Spell Designs may vary prices in the event of price changes or mistakes on this Website without prior notice to You. If Spell Designs requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase.
Prohibition on Resale
Spell Designs reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not purchase any products for the purpose of using, selling or supplying them as part of a commercial business. This includes using our products to advertise or promote your own goods or services unless you have our prior written consent. Customers wishing to be a stockist of Spell Designs products must contact Spell Designs directly, where they will be informed of the options available to buy higher quantities.
Gift Cards may only be redeemed at the Spell Designs website or the Spell Designs Byron Store. Gift Cards are not valid to be redeemed at any Spell Designs stockist. Gift Cards are valid for three (3) years from the date of purchase. Gift Cards are not redeemable for cash. Unfortunately, Spell Designs does not take responsibility for any lost or stolen Gift Cards.
When purchasing with a Gift Card, you may still be required to enter your credit card details in order to verify your purchase. If your Gift Card is for the full amount of your order, your credit card will not be charged.
From time to time Spell Designs has special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Unless otherwise specified each promotional code may only be used once per customer.
All sales are subject to our Returns Policy.
Every product we send out is initially quality controlled, however if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law or similar legislation, happily replace it or refund the cost Please see our Returns Policy for further information. Please note that wear and tear in the course of normal use is not considered a manufacturing fault.
This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the site, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
Spell Designs does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
Limitation of Liability
To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If Spell Designs is liable for breach of an imposed guarantee or implied warranty or representation, Spell Designs’ liability is, at its option limited to the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired.
Spell Designs has provided information on this website as accurately as possible. We take all reasonable care - in so far as it is in our power to do so - to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.
Your Use of the Website
You agree that You will use this Website in accordance with these terms and conditions and that You will not use this Website for any unlawful purpose.
You will not violate or attempt to violate the security of this Website. You will not hack into this Website, Spell Designs computer systems or the computer systems of other users of this Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer.
As you browse Spell Designs, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with Spell Designs. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of AdRoll targeted advertising.
By entering this Website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. Spell Designs reserves the right to change this Agreement at any time. Any such changes will be posted on this Website.
From time to time down-time, either scheduled or unscheduled, may occur. Spell Designs will work within reason to ensure the amount of down-time is limited. Spell Designs will not be held liable for the consequences of any down-time.
We run competitions and contests on our Website and blog in which we may ask for subscription email information and membership. The terms and conditions of each promotion is at the discretion of Spell Designs and are subject to change.
Spell Designs owns the intellectual property in its garment designs, fabric designs and images. Spell Designs prohibits the use of its designs and images for any purpose without prior written permission from Spell Designs.
Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual and personal use no part of this Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Spell Designs or by other parties that have licensed their material to Spell Designs. Spell Designs trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Spell Designs.
All rights not expressly granted are reserved.
This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Spell Designs direct control and Spell Designs accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to this Website).
You acknowledge that Spell Designs is entitled to require you to remove any link from another website to this Website which you install without obtaining Spell Designs prior written consent.
Spell Designs reserves the right to terminate the agreement to supply Products to you at any time before the Products are dispatched to you. Spell Designs shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
If the Product has not been delivered to You prior to any termination of this Agreement by Spell Designs, Spell Designs will refund to You any payment You have made prior to termination.
Spell Designs may terminate the agreement under which you can use this Website immediately without notice if you are in breach of any term of this agreement.
This Terms of Sale and Use of Website Agreement together with the other policies on this Website are the entire agreement between us.
This Agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this agreement is not affected.
"Agreement" means the terms and conditions that apply to the use of this Website which may be amended from time to time.
"Product/s" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the product.
"Website" means internet website with the URL www.shop.spelldesigns.com.au and associated websites.