Terms & Conditions
1. Information about us
Ford Millinery is located in Greater Melbourne, Australia and can be reached via email at email@example.com. Our ABN is 80 749 969 281.
2. Your status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years old.
3. The contract
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product(s). All orders are subject to availability and acceptance by us and we will confirm such acceptance to you by sending you an e- mail that confirms that the product(s) has been dispatched. The contract between Ford Millinery and the buyer will only be formed when we send you the dispatch confirmation.
- We will not process your order until payment has been received in full.
- If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order beingprocessed, in accordance with our refunds, exchanges & returns policy.
- We are entitled to refuse any order made by you for any reason.
- When making a request you undertake that all details you provide to us requesting goods or services are true andaccurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
4. Refunds, exchanges & returns
All Ford Millinery pieces are made to order, be they purchased via the online shop or customised via Made-To-Match. As such, we do not issue refunds, returns or exchanges for change of mind or any error made on behalf of the purchaser. Whilst a high level of care is placed in the creation of all Ford Millinery items, they are very delicate and should be handled with the utmost of care. Goods that are damaged in transit or on receipt are not the responsibility of Ford Millinery and will therefore not be repaired, refunded, replaced or exchanged. Should you wish to discuss your purchase/delivery, please contact Ford Millinery within 3-days of receipt. If a product is no longer available, due to unavailability of materials or milliner time, the purchaser will be offered an alternative product, or issued with a full refund.
5. Availability & delivery
- As Ford Millinery hand-crafts all products displayed on their website (in addition to all Made-To-Match orders), immediate availability of items cannot be guaranteed.
- We will endeavour to process your order request within 3-business days. Your item will then be hand-crafted, whichcan take anywhere between 3-7 days. Upon completion, the final product will be shipped to you (within 10-days of placing your order). Delivery times may vary, however delivery within Australia can usually be expected between 3-5 business days.
- From time to time, Ford Millinery products may be unavailable, out of stock (supplies etc), or the milliners may be unavailable to produce the products that you have ordered and/or payed for. Should this occur, you will be notified as soon as possible, and given the option to either wait for products to become available (if possible) or you will be issued with a full refund.
- Ford Millinery delivers within Australia to all major capital cities and towns and outside Australia by agreement only.
- Free shipping promotions are available to residents of Australia’s major cities and surrounding suburbs only, unless otherwise agreed to by Ford Millinery.
- Items will be shipped using Australia Posts’ registered mail. Should the recipient wish to arrange an alternative delivery method, this must be agreed to by Ford Millinery prior to fulfilling the order. If agreed to, these additional shipping costs will come at the expense of the recipient and must be pre-paid at time of placing an order.
- Whilst Ford Millinery shall use all reasonable endeavours to meet the delivery date on the nominated day, you agree that Ford Millinery is not and will not be liable for any loss or damage, howsoever it arises, if the products are not delivered by the estimated time for delivery.
- You, or your authorised representative, must be available to collect the product at the estimated time for delivery and location. If you are not available at the delivery time and location, Ford Millinery reserves the right to charge an additional delivery fee.
- When shipping fees are present (i.e. when Ford Millinery is not offering a free shipping promotion), delivery fees are non-refundable.
- It is your responsibility to ensure correct delivery address details are provided to Ford Millinery. Where delivery is made to an incorrect address, an additional delivery fee will be charged to you for re-delivery to the correct address.
- Deliveries will be made only on a Business Day.
- As most Ford Millinery items are delicate, all efforts will be made to protect all items shipped. In the case that items arrive damaged, this must be addressed with Australia Post. Ford Millinery will not be held responsible for items damaged in transit.
- Title and risk to the products offered for sale, and purchased by you, will pass to you upon payment being received by Ford Millinery.
- Initial Made-To-Match submissions via the Ford Millinery website pose as a request for further information only, and do not constitute as Ford Millinery’s agreement to enter into a working contract or produce a headpiece(s) for the submitter. Only once both parties have agreed to the terms and conditions (including but not limited to price, design, turnaround time and shipping) via email, is the submission considered a formal agreement to produce a customised headpiece.
- Upon completion, Ford Millinery will send a photo(s) of the final product to the orderer, via email. Submitters/orderers have 7-days from this time to notify Ford Millinery of their intent to either buy or decline the product.
- Should the Made-To-Match customer wish to purchase the final product, the outstanding balance (agreed price minus the $50 deposit, plus any applicable shipping costs) must be settled prior to Ford Millinery’s shipping of the product to the customer.
- Made-To-Match submitters/orderers are under no obligation to purchase the final customised piece that was created for them, however the standard $50 deposit for Made-To-Match pieces is non-refundable, regardless of whether or not the final piece is selected for purchase, regardless of whether or not the item is purchased by another buyer.
- Pieces that are declined (not purchased by the submitter) will be immediately made available for purchase by the public. The price of which is up to Ford Millinery’s sole discretion.
- Unless otherwise stipulated in writing by Ford Millinery, Made-To-Match pieces that have not been paid in full within 7- days of notification of completion will automatically be considered a decline of purchase and will be made available for public sale.
- Ford Millinery retains all design rights of all Made-To-Match pieces, and may recreate these designs and make available for sale at their sole discretion.
- Whilst every effort is made to produce an entirely unique piece for each Made-To-Match order, some pieces may take influence from other Ford Millinery creations, use similar/exact materials or resemble other headpieces on the market.
- Ford Millinery will not be held responsible for any time delays or deadlines missed should orderers decline the finalproduct.
- Once a customer has approved the photo(s) of the final Made-To-Match piece(s) and payment has been received, norefund will be issued (in part or in full) for a change of mind, dissatisfaction with the physical product or for any other reason.
7. Price & payment
- Prices displayed on the Ford Millinery website are inclusive of GST (Australian Goods & Services Tax), and exclusive of deliver charges (unless otherwise stipulated). Delivery charges are shown separately when ordering and must also be paid in advance.
- Payment shall be made by the purchaser by the means specified on the website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
- Prices are subject to change without notice but changes will not affect orders that have already been paid and processed.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
- Payment for all products must be by credit or debit card, via Paypal’s secure online payment system. Paypal’s standard email account payment is also acceptable.
- The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
8. Our liability
- If we do not deliver or if the products we deliver are not what you ordered or were damaged on creation (not via shipping or on receipt), our only obligation will be, at our option to:
- Make good any shortage or non-delivery or incorrect delivery; or
- Replace or repair any products that are damaged or defective at the fault of Ford Millinery (damage during transitor after receipt is not the responsibility of Ford Millinery); or
- Refund to you the amount paid by you for the products in question.
- We shall have no liability to you for any consequential, special or indirect losses including without limit loss of time, loss of opportunities, loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
- Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the products.
- Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
- Nothing in this contract shall exclude or limit your statutory rights.
- A person who is not a party to this contract has no right to enforce any term of this contract.
9. Intellectual property rights
All and any intellectual property rights in connection with Ford Millinery’s products, customised designs, copywriting, web design and other I.P shall be owned by Ford Millinery absolutely.
You agree to indemnify, defend and hold harmless Ford Millinery, its directors, owners, 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, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
11. Import duty
a. If you order products from our site for delivery outside of Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Ford Millinery has no control over these charges and cannot predict their amount.
Please contact your local customs office for further information before placing your order.
b. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Ford Millinery will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications Ford Millinery sends to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e- mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights & obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising underit, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligationsarising under it, at any time during the term of the contract.
15. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threator preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or privatetransport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
g. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and iscommunicated to you in writing in accordance with clause 12 above.
- If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
18. Entire Agreement
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our right to vary these terms & conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which we may decide.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
20. Law & jurisdiction
These terms and conditions are to be construed in accordance with the laws of Australia and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Australian Courts.
21. After-sale service
a. Questions, comments or requests regarding these terms and conditions or our products should be addressed to
b. If you have any complaints these should be addressed in writing to email@example.com.