TERMS & CONDITIONS
Ellery Land ("ELLERY LAND" “ELLERY” "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following terms and conditions.
ELLERY is a trading name of Ellery Land Pty Limited, a company incorporated in Australia under company number (ABN) 65 124 374 358. Our registered address is Studio 202, 27-39 Abercrombie Street, Chippendale, New South Wales, Australia, 2008.
Please read these terms and conditions carefully. Your use of this site including placement of an order indicates your acceptance of these terms and conditions, together with the documents referred to on it. These terms and conditions shall supersede any subsequent terms or conditions whether or not such terms or conditions are signed by us. We reserve the right to make changes to this site and these terms and conditions at any time. If you do not agree to be bound by these terms and conditions, you may not use or access this website. Users are responsible for keeping themselves updated with such changes.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us. By making an offer to purchase merchandise you expressly authorise us to perform credit checks. Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, items in your shopping basket are not reserved and may be purchased by other customers.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Unless you cancel your order, acceptance of your order and completion of the contract between you and Ellery Land will be completed when we email you to confirm the goods have been dispatched. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address. We provide goods only as a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Ellery Land.
We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.
Prices shown on the Site are in US Dollars (USD$), Euros (EUR€), Pounds (GBP£) and AUD Dollars (AUD$). Prices shown on the Site are inclusive of Value Added Tax (“VAT”) and or Goods & Service Tax (“GST”), unless you have selected an alternative country where such taxes are not chargeable. Prices are subject to change without notice.
Most countries are shipped to on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties will be included in the product price.If you are a customer whose credit/debit card is not denominated in currency, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. We are not liable for any difference between the Estimated Price quoted on the site and the actual Price charged to you for the Goods as determined by the conversion rate used by your credit card provider or Paypal.
We offer products for sale that are in stock and available for dispatch from our distribution centre. We endeavour to only display products on our site that are available to purchase. Occasionally, if items are very popular they will sell out very quickly. In this case, you will be contacted within 48 hours if we are unable to fill your order and a full refund will be processed.
The delivery times provided by Ellery Land are estimates only. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.
On delivery of the Product, you may be required to sign for delivery, unless you grant us authority to leave (“ATL”). If you grant ATL you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it. The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault. Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not, you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
CHANGE OF ADDRESS
We cannot be held responsible for an incorrect address being entered on your order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect order details, however due to the fast processing within our distribution centre, some orders cannot be adjusted. Therefore, you should carefully check that your Order is accurate before you submit it to us.
If notified before goods have been dispatched, we can accommodate order cancellations. If items have been shipped, we reserve the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.
Items returned must be unused and with all garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Please contact us immediately if any of your purchases have been delivered without Ellery tags. All items returned must have a Return Merchandise Authorisation (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
PROMOTIONS AND DISCOUNTS
From time to time you may receive online offers and promotions which include a promotional or coupon code (“Code”) for use when shopping at Ellery. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Promotion codes cannot be applied to the purchase of Gift Cards.
Gift Cards are ‘virtual’ and sold subject to the following terms and conditions. Gift Cards are treated like cash. If your Gift Card or redemption code is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are non-transferable and may not be returned or redeemed for cash. Gift Cards expire twelve months from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited. Gift Cards may only be used for the purchase of goods at our site. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. We are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
If you return products you have purchased using a Gift Card, a store credit will be issued to your account (valid for one year) and can be redeemed against subsequent orders. Sales tax and shipping may be applicable on products purchased with a Gift Card. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page. A limit of AU$500 per gift card and gift cards totalling no more than AU$2,000 per Order applies.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site and is not liable for any losses or damage caused by this website or any website linked to or from this website.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we exclude, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth). Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
This site is owned and operated by Ellery and our related companies. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of or used under license by Ellery.
The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with us with respect to that Order.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by us to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any power or right.
The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in New South Wales, Australia.