Terms

 

This website is operated by Australasia Fashion Group Pty Limited (ABN 78 602 205 998) and on behalf of its associated entities (collectively called ‘HolidayShop’).

1. Terms

By accessing and using this website you agree to be bound by these terms and conditions of use, our Returns Policy, our Privacy Policy and Shipping Terms, which all form part of these terms and conditions (‘Terms’), as updated from time to time without notice. 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 all of this Website. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to our collection of your personal information and warrant that all data provided by you is accurate.

3. Prohibitions

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of the website; or in any way which is malicious, unlawful, offensive or obscene, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not post or transmit any material to this website which breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent.

4. Intellectual Property

The materials, images and content displayed on this website are owned by the Australasia Fashion Group and/or its licensors. They are protected by copyright, trade mark and other intellectual property laws. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, distribute or otherwise reproduce, in any format, any 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.

5. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. To make a purchase from this website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age, and be making purchases for personal use only. You must not make purchases for any commercial purpose. Purchases from this website can only be made using the online payment facility on this website with a valid credit card (Visa or MasterCard), gift card or PayPal account. HolidayShop reserves the right to refuse to fulfil or cancel any order; including those that it considers to be a bulk order, fraudulent, not for personal use or otherwise do not comply with these Terms.

a. Shopping Online

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.

b. Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error or we are unable to fulfil the order we will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method. If your order is cancelled in accordance with these Terms, your payment will be refunded, crediting your original method of payment. We reserve the right to refuse to fill any orders that you may place based on incorrect information on the website or withdraw any product from sale without notice, for any reason. Dispatch times may vary according to availability and we take no responsibility for any delays in delivery. All purchases are charged in the store's main currency (AUD). Our currency conversion tool converts from the store's main currency to your elected currency using the today's exchange rates. This conversion acts as a guide only.

c. Product descriptions

We have made every effort to display colours, textures, appearances as accurately as possible of our products that appear on HolidayShop. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate. HolidayShop is not responsible for any such variations.

d. Promotion and offers

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. All promotions and offers are non-transferable or redeemable for cash. Promotional offers strictly cannot be redeemed against prior purchases. Promo codes must be applied at checkout and cannot be redeemed after a order has been placed. Sale items cannot be returned for a refund. If website difficulties are experienced, HolidayShop is not liable for missed opportunities.

e. Final Sale

All prices in the Final Sale category are final and as marked. Not in conjunction with any other offers. All Final Sale items cannot be returned for a refund, exchange or credit note, unless otherwise required by Australian consumer regulations. Not valid for prior purchases. No rain checks. HolidayShop may, in our discretion, accept size exchanges. The customer will be responsible for all postage costs. Please email online@holidayshop.cc for approval prior to sending items back.

6. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on HolidayShop’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on HolidayShop's web site; iv. remove any copyright or other proprietary notations from the materials; or v. transfer the materials to another person or "mirror” the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by HolidayShop at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

7. Complaints

If you have any queries or concerns regarding HolidayShop or this website please contact our customer service team by email at online@holidayshop.cc.

8. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

9. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of the State of New South Wales, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.

10. Entire agreement

These Terms constitute the entire agreement between you and HolidayShop’s in relation to your use of this website. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of HolidayShop.