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After Eight's Terms and Conditions

1. Overview

Welcome to After Eight. We, After Eight operating under The Trustee for After Eight Unit Trust (“After Eight” “we”, “us”, or “our”), are an online retailer which sells fashion brands who have sustainable business practices. We also offer virtual and in person personal styling services.

The website located at itsaftereight.com (“Site”) is owned and operated by us.

These Terms and Conditions, our Privacy Policy (here) and any other terms posted on the Site (collectively, the “Terms”) govern the use of the Site and your purchase of the goods available through the Site (“Products”).

The Terms form a binding contractual agreement between you and After Eight. If you do not agree to the Terms, please refrain from using the Site.

These Terms may be amended by us at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.

2. Access to Site and Products

  1. By registering for, accessing, browsing and/or otherwise using the Site and purchasing the Products available through the Site, you acknowledge that you have read, understood and agree to be bound by these Terms.
  2. To make purchases through our Site, you may sign up for a member account (“Account”) or as a guest (collectively, “Customer”). By signing up for an Account or as a guest, you accept the Terms as a condition of making a purchase as a Customer.
  3. To use our Site and place an order of our Products, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including but not limited to, your name, phone number, a valid email address and password (“Registration Information”).
  4. If your Registration Information changes, you must promptly update your Account to reflect those changes.
  5. As a Customer of this Site, you agree that:
    1. your access to and use of our Site is non-transferable;
    2. you will use our Site only for purposes permitted by the Terms;
    3. you are responsible for maintaining the confidentiality of your Registration Information at all times; and
    4. we may, in our sole discretion, deny anyone access to an Account, our Products or the Site at any time.

3. Use of Site

By accessing the site, you shall:

  1. use the Site for lawful purposes only;
  2. not commit any act, engage in any practice or omit to commit any act that:
    1. is harmful to our systems, reputation or goodwill; or
    2. interferes with the integrity of the Site, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
  3. not create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
  4. not restrict, or attempt to restrict, another user from using the Site; and
  5. not encourage or facilitate violations of the Terms.

4. Purchase Terms and Use of Products

4.1 Purchase Terms

  1. To purchase Products on the Site, you must place an order.
  2. You may place an order for Products (“Order”) by adding items to ‘My Cart’ on the Site and clicking the ‘Check Out’ button.
  3. When you place an Order with us, we will issue you with an Order confirmation and Order number. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms. We reserve the right to ask you to provide additional details or to verify your identity before we process your Order.
  4. We are not obliged to accept any order. In the event we reject your order, we will refund you any monies paid.
  5. Your cooperation in complying with these Terms is essential to ensure that all customers can enjoy their experience with our Products.
 

4.2 Availability of Goods

All orders are subject to availability of the Products requested. In the event we are unable to fulfill your order or any part thereof, we will refund you the price paid for the Product(s) that are unavailable. We reserve the right to restrict the quantity of Products for any one order.

4.3 Product Recalls

In the event of a product recall, you must provide us and, where applicable any third party, such assistance as is required.

4.4 Errors and Inaccuracies

  1. From time to time, the Site may contain incorrect or inaccurate information relating to (amongst other things) the price of Products, product description or availability.
  2. We reserve the right to update or correct any incorrect or inaccurate information at any time without notice. We further reserve the right to reject any Order that has been placed in reliance on incorrect or inaccurate information.
  3. Where your Order has been confirmed, and we subsequently become aware that the Order (or any part thereof) is affected by an inaccuracy or error with respect to the Price, we will notify you as soon as possible of the error and give you the option to purchase the Product/s affected by the inaccuracy or error at the correct price or cancel the order. If we do not hear from you within two (2) calendar days, we will cancel your order in full and issue you with a full refund.
  4. You acknowledge that we have done our best to display and describe as accurately as possible the colours, shapes and sizes of the Products shown on this Site. Because the Products’ specifications you see will depend on your monitor and the device on which you view the Products, we cannot guarantee that your monitor’s or device’s display will be accurate.

5. Price, Payments, Delivery and Returns

5.1 Price

  1. Prices displayed on the Site (including the price of the goods and delivery charges) are in Australian Dollars.
  2. After Eight reserves the right to change or alter Prices of Products on the website without notice to the customer. You agree and acknowledge that we can vary any fees or costs related to our Products at any time.
  3. We may offer promotional discount codes to be used on all or part of the Site. Any offer we make with respect to promotional discount codes will be subject to specific conditions which we will make available at the time of the offer.
  4. “GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth). Subject to this clause, if GST is payable in respect of any supply made to you by us, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the Price at which a Product is sold on this Site.

5.2 Payments

  1. Payment for the Products and any applicable delivery fees are required in full on placement of the Order.
  2. Where the option is given to you, you may make payment for your Order (“Payment”) by way of:
    1. credit card payments (“Credit Card”)
    2. Debit Cards; or
    3. Afterpay
  3. All Payments are made in Australian Dollars (AUD) and may be converted to your local currency at the time of your order.
  4. You are responsible for ensuring your Payment details are correct. Changes to Payment details can be made by contacting us at our contact details listed below in clause 19. If your Credit Card expires or your Payment method is invalid, access to our Products may be disabled or revoked.
  5. Your Order will not be dispatched until Payment has cleared. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.
  6. We have the right to deny any Customer access to the Site or terminate any Order if we are unable to process Payment.
  7. All orders are subject to availability of the Goods and confirmation of the correct Order price.

5.3 Delivery and Returns

  1. The costs of delivery and shipping are stated in Our Shipping Policy and may vary from time to time.
  2. We do not guarantee the quality of the freight and delivery services of any third-party service providers.
  3. After Eight reserves the right to amend delivery methods without notice.
  4. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia, are intended as an estimate only and are subject to any delays resulting from delivery service providers or other events outside of our control, for which After Eight will not be responsible.
  5. The Customer acknowledges that all Orders through the Site are with respect to Products intended for personal, domestic and non-commercial use only.
  6. You agree to be bound by our Returns Policy which forms part of these Terms.
  7. We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.

5.4 Risk and Liability

Risk of loss or damage to the Products will pass to you upon delivery to your specified delivery address.

6. Intellectual Property

  1. In these Terms, “Intellectual Property Rights” means all rights, title and interests, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, source code, domain names, logos, button icons, scripts, design elements, graphics, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.
  2. We own or are the licensee of all Intellectual Property Rights in the Site or to the material (including all text information and content, graphics, logos and software) made available to you on the Site (collectively, “Site Content”). Your use and access of the Site do not grant or transfer any rights, title or interest to you in relation to the Site Content.
  3. You may view the Site using a web browser or mobile device, and electronically copy and print in hard copy the Site Content solely for your personal and non-commercial use.
  4. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.
  5. The obligations accepted by you under this clause survive termination or expiry of these Terms.

7. Licenses and User Content

  1. We grant you a limited, worldwide, non-exclusive, non-transferable, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and order our Products in accordance with these Terms.
  2. You are solely responsible for any material, content or data that you:
    1. post, publish or otherwise transmit through the Site, if available; or
    2. obtain through accessing or using the Site (collectively, “User Content”).
  3. Your User Content must:
    1. not infringe any law, third-party intellectual property rights or any other contractual or proprietary rights of a third-party;
    2. not contain abusive, defamatory, libelous, hateful, discriminatory, obscene or inflammatory language; and
    3. not harass, bully or intimidate any person.
  4. You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.
  5. The views expressed in any User Content are the views of users and not those of us unless specified otherwise, we are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.

8. Third-Party Links

  1. The Site may contain links and other pointers to websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk.
  2. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.

9. Privacy and Security of Information

  1. We will collect, use and disclose any personal information which you provide to us when accessing the Site and purchasing our Products, in accordance with our Privacy Policy, which can be viewed here.
  2. We will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of your personal information and any content posted by you on the Site from unauthorised access or use by a third party or misuse, damage or destruction by any person.
  3. Notwithstanding (b), we do not warrant and cannot ensure the security of any information which you may provide to us. Accordingly, any information you provide to us is provided at your own risk.
  4. We recommend you protect your computer system from potential hazards by firewalls, anti-virus software and any other such security applications.

10. Exclusions and Limitation of Liability

10.1 Exclusion

  1. To the maximum extent permitted by law, we exclude all warranties and representations of any kind relating to the subject matter of these Terms, our Site and the use of our Products. This exclusion includes, but is not limited to:
    1. the completeness, suitability or accuracy of the information or Product descriptions published on our Site (including third-party material and advertisements);
    2. any other Customer’s conduct; or
    3. that the information on the Site is current.
  2. We do not warrant or represent:
    1. our Products will meet your requirements or expectations;
    2. the accuracy of the captioning, keywording, heading, or any other information, representation or thing depicted on or associated with the Site;
    3. that the Site will be available without interruption or error-free;
    4. that the images are an exact representation of the actual goods, though we will take all reasonable care to ensure that the images of goods available for purchase on the Site accurately represent the goods; or
    5. that any errors or defects on the Site or with our Products will be corrected.
 

10.2 Limitation of Liability

  1. We are not liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Site and the Terms, except to the extent that such liability may not be lawfully excluded.
  2. Everything on the Site is provided to users “as is” and “as available”. None of our affiliates, directors, officers, employees, agents, contributors and licensors makes any representation or warranty about our Products referred to on the Site.
  3. Subject to clause 10.2(d), in the event that any exclusion or other provision contained herein is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, such liability will be limited to the fee paid for the Products and access to the Site.
  4. The limitations expressed in clause 10.2 does not apply to our liability for loss suffered or incurred by you in respect of:
    1. fraud or other unlawful acts committed by us;
    2. our gross negligence; or
    3. liability that cannot be limited or excluded by law, including under the Australian Consumer Law.

11. Indemnity

  1. You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the losses, damage, liability, claim or expense.
  2. We reserve the right to assume control of any matter that you are required to indemnify us for and you agree to cooperate and provide assistance with our defence of such a claim, where reasonably requested to do so by us.

12. Terminations

  1. We may at any time, terminate the Terms with you and your access to the Site and your Account, if:
    1. you have breached any provisions of the Terms; or
    2. we are required to do so by law.
  2. We reserve the right to cease operating the Site, without notice and for any reason.
  3. If one of the events described in clause 12(a) and (b) occurs, then:
    1. you will not have any access to the Site or User Content; and
    2. we will not be liable for any losses arising as a result of terminating your access to the Site.

13. Disputes

  1. The parties must use reasonable endeavours to resolve any dispute through negotiation.
  2. If the dispute cannot be negotiated between the parties within 30 days of the dispute arising, either party may commence proceedings.

14. General

14.1 Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.

14.2 Jurisdiction

These Terms are governed by and construed in accordance with the laws of Tasmania, Australia. You submit to the non-exclusive jurisdiction of the Courts of Tasmania and Courts of Appeal from them for determining any dispute concerning these Terms.

14.3 Variation

  1. We may, at any time and at our sole discretion, amend, modify or otherwise alter the terms of this Agreement.
  2. Any amendments, modifications or alterations to the Terms shall become effective upon the posting thereof.
  3. Your continued use of the Site following the posting of amendments, modifications or alterations constitutes your acceptance of the revised terms. It is your responsible to regularly check the Site to for any amendments, modifications or alterations to the Terms.
 

14.4 Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Products (“Feedback”). You may submit Feedback by contacting us at hello@itsaftereight.com.

Terms last updated: November 2020

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