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TERMS AND CONDITIONS

Welcome to the website of Curtis Collection By Victoria online (“Site”). Curtis Collection By Victoria (“Curtis Collection By Victoria” or “we” or “us” or “our”) provides the services available on the Site to you, subject to the following terms and conditions (“the Terms and Conditions”). The following Terms and Conditions along with our Security Policy, Privacy Policy and any other policies that you may find throughout the Site, collectively constitute our Terms and Conditions. By accessing or using the Site, you acknowledge that you have read, understand and agree to, without limitation or qualification, to be bound by these Terms and Conditions.

1. Modification of Terms and Conditions

Curtis Collection By Victoria may from time to time we may modify its Terms and Conditions, policies or the content of the Site, without notice. Any such changes are effective immediately once posted on the Site. Please read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless Curtis Collection By Victoria is required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time.

2. Our Policies Form a part of these Terms and Conditions

These terms and conditions include the additional policies related to orders placed through this Site (such as order processing, shipping and handling, Delivery Charges, Pricing Policy, Returns Policy, Security Policy and our Privacy Policy)

3. Accuracy of Information

Although we aim to keep the Site and our information as up to date as possible, the information including product descriptions, appearing on this Site at a particular time may not always reflect the product exactly at the moment that you place an order.

We endeavour to ensure that the details, descriptions, images, colours and prices of products or other content available on the Site are accurate; however, to the extent permitted by law, we do not warrant that the product or service descriptions, colours, information or any other content available on the Site are accurate, complete, reliable, current or error-free.

4. Eligibility

In order to make purchases through this Site, you will be requested to provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering 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 who meet the Curtis Collection By Victoria terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to Curtis Collection By Victoria, applications must be acceptable to Curtis Collection By Victoria and who have authorised Curtis Collection By Victoria to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise. Curtis Collection By Victoria reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase goods or services form us, you expressly authorise us to perform credit checks and, where Curtis Collection By Victoria feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your personal information. We reserve the right to only accept orders from those over 18 or 21 as legislated by the relevant state of residence.

5. Pricing Policy

Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.

6. Placing an Order and Order Acceptance

You will be guided through the process of placing an order by a series of simple instructions on the Site. You will have the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.

Once you have placed your order, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, it is simply a confirmation that Curtis Collection By Victoria has received it. Please print and retain a copy for your reference. Review the information and verify that everything is correct as processing of your order will commence shortly after submission. If any changes are necessary please contact us via email at info@curtiscollection.com.au. Please refer to Section 9 for further details on how to make changes to your order.

Orders may take up to 48 hours to process and ship from the time the order is placed. Orders placed on a weekend or a Public Holiday will not begin processing until the following business day.

Unless you cancel your order within the given time period outlined in Section 9, acceptance of your order and completion of the contract between you and Curtis Collection By Victoria will be completed when Curtis Collection By Victoria emails you to confirm the goods have been dispatched and have been handed over to the designated carrier. It is at this point that the sale contract is deemed to be completed.

Curtis Collection By Victoria reserves the right to not accept an order in the event that: payment authorisation is unobtainable, if any item ordered is out of stock or that you do not meet the eligibility criteria set out within the Terms and Conditions.

Curtis Collection By Victoria reserves the right to refuse service to anyone at any time at its sole discretion.

To cancel your order once prior to dispatch, you will need to contact customer service at the following email address (during business hours, excluding Public Holidays and weekends). Please also refer to our Shipping and Returns Policy and Section 9 of these Terms and Conditions.

We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.

If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.

7. Payment

You may make payment using any of the methods specified in the Payment section of this Site. We accept VISA and MasterCard. We do not accept cheques or postal orders.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

Offer codes may be redeemed by entering the “Special Offer Code” in the Shopping Cart. Special Offer Codes are case sensitive and should be entered exactly as they appear.

8. Credit Card Fraud

Curtis Collection By Victoria employs the latest in the Secure Sockets Layer (SSL) technology software for its transactions with its customers. Curtis Collection By Victoria, will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

9. Cancellation or Change of Order

You may cancel or change your order by contacting Customer Service at info@curtiscollection.com.au but ONLY if your order has not been dispatched from our premises. If your order has not been dispatched but payment has been processed, we can change the order or offer you a credit for the amount.

Curtis Collection By Victoria may cancel your order at any time. If your order has been cancelled you will receive an email to explain the reason for the cancellation. Your original payment method will be refunded for the appropriate amount. Some reasons for cancellation include but are not limited to, item not available, difficulty in processing payment information, can not deliver to address provided, duplicate order placed, credit card name does not match billing name,

10. Out of Stock Items

If an item is not available, it will be shown as out of stock on its product page, within the online shop. Unfortunately you cannot add out of stock items to your Shopping Bag. If the item you are after is temporarily unavailable, please email our Customer Service Department at info@curtiscollection.com.au and we try to track one down for you, or help you find an alternative.

11. Risk of Loss

Risk in the goods will pass to you upon delivery to you.

12. Shipping, Delivery and Unforeseen Events

We will deliver the goods in accordance with the delivery option selected by you during the order process. Please refer to our Shipping and Returns Policy on the Site. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party or any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

For further information on our Shipping and Returns Policy and Procedures, please refer to the Shipping and Returns section on our Site.

13. Acceptance of Goods and Returns

Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us within 3 days of receiving the goods, that you wish to return the you return them in accordance with the Shipping and Returns Policy and Procedure. ALL PACKAGING MATERIALS MUST BE SAVED AND NO REFUNDS, CREDITS OR REPLACEMENTS ARE OFFERED IF YOU HAVE CHANGED YOUR MIND ABOUT THE PRODUCT, MADE AN INCORRECT CHOICE OR FAILED TO VERIFY AND ACCURATELY PROVIDE INFORMATION WHEN PLACING AN ORDER. If your item arrives damaged or you find a defect arises after delivery and a valid claim is received by Customer Service within 3 days of delivery, Curtis Collection By Victoria will exchange the product where possible, or refund you the purchase price of the product. If you contact us outside the 3 day period, Curtis Collection By Victoria’s Customer Service department will evaluate each claim individually and consider an exchange or return based on the circumstances.

If your return is accepted, you will be obligated to pay for the return of the product to Curtis Collection By Victoria.

14. Your account

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. Please refer to our Privacy Policy regarding the use and treatment of your personal information.

If you choose to register on the Site, you will have an email address/username and password for your Curtis Collection account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

15. Intended Use

By placing an order with Curtis Collection By Victoria you agree to use the products only for their intended purpose. If you use the products for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

16. Intellectual property rights

The Site and all intellectual property rights, including its “look and feel”, information, trademarks, designs, graphics, logo and all software relating to this website, are owned by Curtis Collection By Victoria, or in some cases, a third party. These intellectual property rights are protected by Australian and international laws.

Your use of the Site and its content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes Curtis Collection By Victoria Software and all HTML and other code contained in this Site.

You are permitted to use the Content only as expressly authorised by Curtis Collection By Victoria, its third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Curtis Collection By Victoria makes no recommendations as to the use of any information or Content on this Site which may infringe the intellectual property rights of itself or any third parties. Curtis Collection By Victoria makes no representations or warranties that use of the information or Content on this Site will not infringe such intellectual property rights.

17. Content and Warranties

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Curtis Collection By Victoria tries to ensure that the information on this site is accurate and complete.

The advice and information contained within this website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within this website is accurate, Curtis Collection By Victoria takes no responsibility for any loss or damage arising from its use.

Curtis Collection By Victoria does not promise that the Site Content is error-free. Curtis Collection By Victoria does not promise that the functional aspects of the Site or Curtis Collection By Victoria’s Content will be error free or that this Site, Curtis Collection By Victoria’s Content or the server that makes it available are free of viruses or other harmful components. Curtis Collection By Victoria recommends that all users of the Internet ensure they have up to date virus checking software and necessary firewalls installed on their personal computers.

The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.

Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.

18. Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 18 without prejudice to any other remedy provided by applicable law.

19. Limitation of liability

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

20. Indemnity

  • You agree to defend, indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
  • your breach or non-observance of any term of these Terms and Conditions;
  • any breach or inaccuracy in any of your responsibilites or warranties; or
  • your use of the Site.

21. 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 website or otherwise.

22. Use of information

If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any User Content; or
  • encourages or incites any other person to engage in any of the above behaviour.

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any User Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.

23. Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than Curtis Collection By Victoria. The links appearing on our Site are for convenience purposes only. Curtis Collection By Victoria is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, products, advertising nor other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

We are in no way responsible for examining or evaluating, nor do we warrant the offerings of, off-Site pages. We suggest that you make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

24. No Agency or partnership with you

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.