Terms & Conditions
When using our website, engaging with us and/or purchasing from our website, you understand and agree to the following information, terms and conditions:
1. Information about us
Ford Millinery is located in Greater Sydney, Australia and can be reached via email at firstname.lastname@example.org. 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. 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 being processed, 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 and accurate, 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
- If you believe the item(s) you received is incorrect or faulty in any way, please contact us immediately at email@example.com to discuss an appropriate remedy, which could include a repair, replacement or refund.
- We are happy to offer a credit note for change-of-mind returns (subject to the below criteria), however, no refunds will be given if you have simply changed your mind. A refund/exchange/return request is considered a “change of mind” when the item(s) you received were the correct item(s) that you ordered and they were not faulty in any way.
- For hygiene reasons, we can not accept change-of-mind returns for earrings and as such can not issue a credit note or any other exchange for earrings.
- If you wish to return an eligible change-of-mind product(s) in exchange for a credit note, first please ensure the item(s) you wish to return are in their original perfect and unworn condition, with all original tags and packaging in tact and undamaged. Any change-of-mind item(s) that have been worn, marked, damaged, had labels or packaging damaged or removed or are in any other way not in the original perfect condition in which they reached you – will not be eligible for return, repair, exchange, refund or any other remedy by Ford Millinery.
- After you have ensured your change-of-mind item(s) are in the original perfect condition in which they reached you, please email us at firstname.lastname@example.org within 3-days of your goods being delivered (or attempted to be delivered) & await our delivery instructions. We will endeavour to respond within 1-business day.
- Once we have responded to your change-of-mind return request, you may return your unworn / undamaged change-of-mind item(s) with original tags & packaging to the address we provide you with via email (please note the address on your shipping notice is not the correct return delivery address!). We must receive your returned goods within 7-days of the delivery (or attempted delivery) of your order, so please ensure you select an appropriate postage method. The cost of returning any change-of-mind item(s) to Ford Millinery are at the buyer’s expense.
- Once we have received your returned change-of-mind item(s), we will inspect the goods thoroughly to ensure they are in the original perfect condition in which they reached you – unworn, undamaged, unmarked, with original undamaged tags and packaging etc.
- Goods that pass our stringent quality control process (and meet all other change-of-mind return criteria) will be issued with a credit note, valued at the original price of purchase, less the original shipping costs. Change-of-mind return credit notes are valid for 30-days and will expire if they are unused or only partially used. Please ensure you do spend your credit note, as we can not extend the validity of your credit note, nor resend your original item (or any other replacement) should you not manage your credit note correctly.
- Your credit note acts as any other form of currency on our website, and as such you understand that a credit note does not introduce any special conditions that would guarantee availability of any product on our website, including the product you originally purchased. Your acknowledge that our website product offering changes frequently, and from time to time some items are not available. It is your responsibility to ensure you are happy with the risks involved in finding a replacement item with a credit note, and that you use your credit note in the agreed timeframes.
- Change-of-mind credit notes do not void future shipping fees.
- Any change-of-mind returns that do not pass our stringent quality control process will not be granted a credit note or other remedy by Ford Millinery and will be returned to the buyer at the buyer’s expense. This shipping cost must be settled within 30-days and prior to Ford Millinery returning the goods. You acknowledge that we are not responsible for storing your goods for more than 30-days.
- We take great care in ensuring all product photographs and descriptions on our website depict each product as accurately as possible. Some computer and mobile devices display slightly different colours to one another and some slight colour variations should be expected and by ordering from us you agree that slight colour differences are acceptable and are not grounds for a refund. If you are attempting to colour-match with an outfit, we encourage you to consider shopping at a physical retail outlet that stocks Ford Millinery so you can view the exact colour/product physically before purchasing.
- Please do not attempt to post or return any item to Ford Millinery (or our associates) without prior discussion with and agreement from us, or without following the terms, conditions and instructions as outlined here. We take no responsibility for any item that a buyer has attempted to return to us (or our associates) without our prior knowledge, agreement and delivery instruction. Items that are lost or missing as a result of your attempt to return an item to us without our knowledge/agreement/instruction will not be replaced, refunded or credited. If you have chosen to send your item to an address that was not under our instruction (please note: the address on your shipping invoice is not the return address!), we are not responsible for locating your item(s).
- Returned items that are received by Ford Millinery without following the correct change-of-mind return request procedure or without prior written agreement from us may be returned to the buyer at the buyer’s expense. You acknowledge that Ford Millinery is not responsible for the safety or storage of any item sent to us without our agreement and will not store your item(s) for more than 30-days.
- Change-of-mind return requests may be refused if the correct criteria and procedures are not met in full. In this instance, any items that have been sent to Ford Millinery may be returned to the buyer (via post or courier only) at the buyer’s expense, which must be settled within 30-days and prior to Ford Millinery returning the item(s). You acknowledge that Ford Millinery is not responsible for storing unclaimed goods for more than 30-days, including items for which return shipping has not been settled.
- Goods that are damaged in transit or on receipt are not the responsibility of Ford Millinery.
- All items sent via post are photographed and documented before sending to ensure that items leave our studio in perfect condition.
- Whilst we do the best we can to display accurate stock levels and availability/unavailability of products on our website, immediate availability of items cannot be guaranteed.
- 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.
6. Shipping & Delivery
- You authorise Ford Millinery to send your parcel/order with any third party postage or courier service provider that we deem to be the best available option. In doing so, you permit Ford Millinery to share your contact information (such as name, business name, shipping address & contact phone number) for the purpose of delivering your item.
- Depending on the shipping option you select at checkout, you should receive your parcel within an estimated 1-4 working days or an estimated 5-8 working days. Shipping & delivery timeframes are estimates only.
- All orders placed before 10:30am on weekdays will be shipped by us (i.e. sent with a postage or courier service provider) on the same day. Orders placed after 10:30am Monday to Thursday will be shipped by us the following weekday. Orders placed on Fridays, Saturdays or Sundays will be shipped the following Monday.
- Ford Millinery uses a variety of postage and courier services to deliver parcels, including (but not limited to) Australia Post, TNT & Couriers Please. We endeavour to calculate the fastest and most cost-effective delivery option within the guidelines of the shipping option you select at checkout.
- Once your parcel has been shipped (i.e. sent with a third party postage/courier service provider), it is the responsibility of the courier service to deliver your parcel within the timeframes you requested.
- Once your order has been shipped, you will be sent a tracking number to track your parcel on the relevant postage provider’s website. If you have not received a tracking number within 2 business days, please contact email@example.com. Any postage queries should be raised with the relevant postage/courier service. Whilst we will help where we can, it is not the responsibility of Ford Millinery to track your item nor manage any postage disputes on your behalf.
- Any shipping delays caused by any third party postage or courier service provider will not be refunded nor credited.
- As Australia Post’s website will tell you, “Express” isn’t always the quickest option for some non-metro areas, so if you have selected “Express Post” and your item arrives with no Express Post sticker, it is because it was the quickest and most cost-effective option at the time of sending.
- Ford Millinery will not be held responsible for any delivery delays or lost items that may be caused by any third parties, including (but not limited to) logistical companies, Australia Post or other postage/courier service provider. Ford Millinery will not issue any refund (full or partial), exchange nor credit note for any delivery delays or lost items that may be caused by any third party.
- Free shipping promotions are available to residents of Australia’s major cities and surrounding suburbs only, unless otherwise agreed to by Ford Millinery.
- 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 or the applicable courier company. Ford Millinery will not be held responsible for items damaged in transit, nor will we be responsible for any repairs, replacement nor refund (partial or full).
- 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.
8. 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.
9. 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.
10. 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.
12. 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.
13. 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.
15. 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.
16. 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.
19. 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.
20. 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).
21. 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.
22. Use of products and marketing
We are not selling this to you as a business; this is a consumer transaction for your individual use only. Unless given written consent prior to purchase, no reselling, leasing, or renting is ever allowed. You agree to not use the Ford Millinery names, logos, images, copyrighted material, or products for any advertising, marketing, or commercial gains whatsoever.
In addition, official Ford Millinery marketing is not to be used without written consent this includes but is not limited to campaign images, product shots, or any other copyrighted materials.
23. After-sale service
a. Questions, comments or requests regarding these terms and conditions or our products should be addressed to email@example.com.
b. If you have any complaints these should be addressed in writing to firstname.lastname@example.org.