Terms and Conditions
Introduction
This page refers to your purchase or hire of any of our products. Any of which are subject to these terms and conditions, and by placing an order for any of our product or services you agree to be bound by them. In regards to any orders that are placed by telephone, by correspondence or in person, our standard terms are applicable and enforced as stated below.
We reserve the right to change our terms and conditions. This will not affect any orders already placed with us before the changes have been made.
Suppliers
Unless otherwise stated on the Site, the supplier of any products and/or services for your order is Churchill Gowns Pty Ltd.
Product Description
Churchill Gowns have taken reasonable steps to depict all of our products as precisely as possible. However, due to the limitations of your computer monitor, items may not exactly reflect the actual detailing of a product when you receive it.
Any information regarding sizing of is included as a guide only. If you are in any doubt as to the size of any Product you require or have special requirements (for example an extra-small outfit), Churchill Gowns strongly advises that you email prior to placing an order, and we will endeavour in trying to assist you.
Ordering and availability of stock
When ordering, please check and correct any input errors in your order up until the point at which you submit your order to us. After placing an order, you will receive an email from us acknowledging that Churchill Gowns have received your order and giving you an order reference number (Order Confirmation). All stock is subject to availability. It is particularly important if your order is for hire that you place your order as early as possible to avoid disappointment because we only have a limited number of hire Products and photography appointments available for any one Ceremony.
If, for any reason, Churchill Gowns are unable to accept your order (for example, because of insufficient stock or a product discontinuation), we will notify you by email. If for whatever reason we cannot accept your order, we will quickly give you a full refund.
Changes to orders
If you wish to change your order (for example, changing Products, Ceremony or other details), you should contact us as soon as possible, and we will do our best in attempting to help you, please note that, due to availability and other constraints we may not always be able to accommodate changes and we reserve the right to charge you an administration fee. If this is the case we will notify to you.
Requests for exchanges cannot be considered beyond 28 days after your order is placed. This does not affect your right to cancel your order within the Cooling-off period.
Delivery
All purchased products including merchandise will be delivered to the delivery address you specify in your order. Churchill Gowns will only dispatch when all items of the order have become available in stock, including any non-stock item, which has to be ordered in, and therefore the delivery time will depend on when the last item comes into stock. Different products comprised within the same order cannot be delivered to different addresses.
Our deliveries are made by courier and will take place from Monday to Friday, excluding bank and public holidays, and usually within the hours of 9am and 6pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
It would be advisable if you could provide an address where someone will be in throughout the working day (for example, a work address). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of an order that needs to be signed for. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were not in. Products ordered will be at your risk from the time of delivery. Ownership of purchased Products will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
All Prices are as quoted on the site. Prices include GST but exclude delivery costs for purchased products, which will be automatically added to the total amount due, once you have selected your chosen delivery method. Prices (and delivery costs) are liable to change at any time, but changes will not affect orders which we have already accepted.
Churchill Gowns website contains a large number of products and despite our best efforts, some of the Products listed on the website may be incorrectly priced. We will normally verify prices as part of our order processing procedures. However, if an error occurs we will inform you as soon as possible and endeavour to charge you the lower amount, nevertheless your order may have to be refunded and resubmitted.
Payment for all orders must be made by valid credit /debit card on the checkout page. We accept payment by most credit and debit cards. Online payment transactions are subject to validation checks by your card issuer. As a result, we are not responsible if your card issuer declines to authorise the payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, again we are not responsible for this. Where payment is authorised, your credit or debit card will be charged as soon as you complete the checkout procedure.
The country of merchant domicile isĀ Australia.Ā
Hire & Returns
Hired Products will be send out to you in the same way a normal purchased item would. It will be sent to address you provided. During the hire period, you are responsible for the safekeeping of the hire Products. You agree to take care of the hire Products and to not cause any damage. Products which are damaged beyond āfair ware and tareā cannot be returned and the full purchase price will be incurred.
You may keep your hire Products for an additional 3 days after the Ceremony. After that, you have the responsibility for returning the hire Products to us in the postage-paid bag provided. When sending your items, please keep a proof of postage. The reason being, that if any fault on the part of the postage system, you will have proof. You will be charged the difference between the hire cost and the purchasing price if items are not returned within the specified time.
You will be also liable for the full retail price of the hire Products in the event of any damage or loss occurring due to your failure to take proper care of the item(s). In this case, we will debit your credit or debit card (where payment has been made by such method) for the sum due and will inform you (using the email you provided) that we have done so.
Cooling-off Period
According to consumer rights legislation and practice, your cooling-off period is the period of time following your purchase when you purchaser may choose to cancel a purchase, and return goods which have been supplied, for any reason, and obtain a full refund. You may cancel your order for hire of products within 14 days after the date we send you the Order Confirmation, but you will lose this right if the Ceremony takes place before then because, in that case, you acknowledge and request that the hire Products will be made available at the Ceremony (i.e. within the 14-day period).
If you cancel your order within the cooling-off period, you will receive a refund in accordance with our Refunds policy. To cancel your order, you must email us, stating your address and order reference and stating that you wish to cancel.
Refunds & Faulty Products
If any item you ordered is damaged or faulty when delivered to you, you must make us aware of the problem by email. We will then look to replace or refund the product after inspection and if need by investigation.
Churchill Gownsā liability
Nothing in these Terms of Supply shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any statutorily-implied term as to ownership of the Products;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that may not, under Australian law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer shall not exceed the price payable for the purchase or hire of the relevant Products (as the case may be) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.