Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the website at acciacci.com.au (the “Site”) and every order you place with Acci, a brand of Lauren Acci Studios Pty Ltd (ABN 51 690 495 937) (“Acci”, “we”, “us”, “our”). By using the Site or placing an order, you agree to these Terms and to our Privacy Policy, Shipping Policy and Returns & Refunds Policy, each of which is available on the Site and forms part of these Terms. If you do not agree, please do not use the Site.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (“ACL”) or any other law that cannot lawfully be excluded. Wherever these Terms could be read two ways, the reading that preserves your non-excludable rights applies.

1.  About us and these Terms

Acci is a premium contemporary Australian womenswear brand designed in Melbourne, Australia. The Site and all sales through it are operated by Lauren Acci Studios Pty Ltd (ACN 690 495 937), an Australian proprietary company limited by shares. We may update these Terms from time to time; the version published on the Site at the time you place an order is the version that applies to that order.

2.  Using the Site and your account

You may use the Site only for lawful, personal, non-commercial purposes.

If you create an account, you are responsible for keeping your login details secure and for all activity under your account. Tell us promptly at hello@acciacci.com.au if you suspect unauthorised use. We may suspend or close an account that is used in breach of these Terms.

You must not, and must not attempt to:

·       interfere with the operation or security of the Site, or access it by automated means (scraping, bots, data mining) without our written consent;

·       place fraudulent orders, orders using unauthorised payment methods, or bulk orders for the purpose of resale;

·       misuse promotional codes, gift cards or store credit (see clauses 8 and 9);

·       upload or transmit anything unlawful, misleading, infringing or harmful through the Site; or

·       use any content from the Site in breach of clause 3.

We may restrict, refuse or cancel service where these Terms are breached. If we cancel an order for this reason before dispatch, we will refund any amount you have already paid unless the payment itself is the subject of a fraud investigation.

3.  Intellectual property

All content on the Site - including the Acci name and logo, garment designs, patterns, photography, campaign imagery, video, text, product copy and the look and feel of the Site - is owned by or licensed to Lauren Acci Studios Pty Ltd and is protected by copyright, trade mark and other laws. You may view and share our content for personal, non-commercial purposes (for example, sharing a product page on social media). Any other use - reproduction, modification, commercial use or distribution - requires our prior written permission via hello@acciacci.com.au.

If you tag us in, or respond to our request to use, content you have created featuring Acci pieces, you grant us a non-exclusive, royalty-free licence to re-share that content on our channels with credit to you. You can withdraw this permission at any time by emailing us, and we will remove the content from our channels within a reasonable time.

4.  Orders and acceptance

When you place an order you make an offer to purchase the products in your cart at the prices displayed. Our order confirmation email acknowledges that we have received your order; it is not acceptance. A binding contract is formed when we dispatch your products (or notify you that they have been dispatched). This structure protects both of us if a pricing, stock or description error is identified before dispatch.

We may decline or cancel an order before dispatch - for example where an item is unavailable, there is a pricing or description error (see clause 5), we suspect fraud or a breach of these Terms, or delivery to your location is not available. If we decline or cancel your order, we will tell you why (where we lawfully can) and refund any amount already paid in full, to the original payment method, promptly.

If an item is out of stock after you order, we will contact you and offer you the choice of an alternative, a store credit, or a full refund. The choice is yours.

5.  Pricing, GST and pricing errors

All prices on the Site are in Australian dollars (AUD) and include GST where applicable, unless clearly stated otherwise. Prices exclude delivery, which is calculated and displayed at checkout before you pay. For international orders, GST is removed (where the law requires), and import duties and taxes are your responsibility as the importer - see our Shipping Policy.

We may change prices at any time, but a change will never affect an order we have already accepted. If we discover a genuine pricing or description error affecting your order, we will contact you before dispatch: you may proceed at the correct price or cancel for a full and immediate refund. We will never dispatch at a corrected price without your agreement.

6.  Payment

We accept the payment methods displayed at checkout, which include Visa, Mastercard, American Express, Apple Pay, Google Pay and Shop Pay. Payment is processed at the time you place your order by Shopify Payments. We do not see or store full card numbers.

You confirm that the payment method you use is yours or that you are authorised to use it. If we add further payment methods (such as PayPal or buy-now-pay-later services), the methods displayed at checkout at the time of your order are the ones available to you.

7.  Promotional codes and discounts

·       Promotional codes apply only within their stated dates, conditions and product scope, cannot be exchanged for cash, and - unless we state otherwise - are limited to one code per order and cannot be applied retrospectively to an existing order.

·       Codes are issued for the recipient's personal use and may not be published, sold or redistributed. We may cancel orders that use a code that was not issued for the customer's use or that has been obtained or applied in breach of its conditions; where we do, we will refund any amount paid.

·       Items purchased with a valid promotional code remain eligible for change-of-mind returns subject to our Returns Policy; where a discounted item is returned, the refund is the amount actually paid.

8.  Gift cards and store credit

·       Acci gift cards are valid for at least three years from the date of issue, as required by Australian law, and any remaining balance can be used across multiple purchases.

·       Gift cards are not redeemable for cash (except where the law requires), cannot be used to purchase another gift card, and are your responsibility once delivered to the email address provided - treat them like cash.

·       Store credit issued by us (for example, for a returned gift) is valid for twelve months from issue, is not redeemable for cash, and can be applied to any product including delivery charges.

9.  Competitions and promotions

From time to time we run competitions, giveaways or promotional events (including with partners and creators). Each will have its own short terms published with the promotion, which prevail over these Terms to the extent of any inconsistency. Entry details are handled under our Privacy Policy; entry never requires a purchase where the law prohibits it; and our liability in connection with a promotion is limited to the value of the prize, except for rights that cannot be excluded under the ACL.

16.  Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or any other law that cannot lawfully be excluded, restricted or modified. Subject to that sentence, and to the extent permitted by law: (a) our liability for a failure of a consumer guarantee in relation to goods that are not of a kind ordinarily acquired for personal, domestic or household use is limited, at our option, to replacing the goods, supplying equivalent goods, or paying the cost of doing so; and (b) neither party is liable to the other for indirect or consequential loss. This clause does not limit your right to a refund, replacement or compensation for goods ordinarily acquired for personal, domestic or household use - which includes everything we currently sell.

17.  Your responsibility to us

You agree to compensate us for loss we suffer that is directly caused by your fraud, your unlawful use of the Site, or your serious breach of these Terms - except to the extent we contributed to the loss.

18.  Events outside our control

Neither party is liable for delay or failure to perform (other than an obligation to pay) caused by events beyond its reasonable control ,including natural disasters, epidemics, carrier or postal disruption, utility or telecommunications failure, cyber incidents, and government action. We will tell you if such an event materially affects your order, and if it prevents supply within a reasonable time you may cancel for a full refund of any amount paid for undelivered products.

20.  General

·       Governing law - these Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

·       Severability - if any provision is found to be unenforceable, it is severed and the remaining provisions continue in force.

·       Assignment - we may assign these Terms as part of a restructure or sale of our business; your rights, including under any order in progress, are unaffected. You may not assign your obligations without our consent.

·       No waiver - a failure to enforce a provision is not a waiver of it.

·       Entire agreement - these Terms, together with the policies they incorporate and your order details, are the entire agreement between us for your purchase (subject to clause 9 where relevant).

 

21.  Contact