ONLINE TERMS & CONDITIONS
February 2016
Terms and Conditions

OUR AGREEMENT

Please read these Terms and Conditions and our Privacy Policy. Together, these Terms and Conditions and the Privacy Policy constitute the entire agreement (Agreement) between you and Alex Perry Pty Ltd (Alex Perry).   The Agreement governs Alex Perry’s obligations in respect of advertising and selling online at this website alexperry.com.au (Site) the high fashion women’s clothing (Goods) made by Alex Perry, your use of the Site and any order for Goods (Order) that you place using the Site.
By using this Site and by ordering Goods from this Site you agree, by your conduct, to be bound by these Terms and Conditions. We recommend you print this Agreement at the time you place an Order. If you do not agree to all the Terms and Conditions you must not, and are not, permitted to use the Site. In addition, if you cannot meet the Terms and Conditions including any preconditions relating to age, then you must not and are not permitted to use the Site.

MODIFICATIONS TO THE AGREEMENT
Alex Perry may in its sole discretion, modify any part of the Agreement at any time by posting a revised Terms and Conditions or Privacy Policy on the Site. You agree that all modifications are effective when posted.

PRIVACY
You agree that any information you provide to Alex Perry is subject to Alex Perry’s Privacy Policy.

LIMITATIONS OF USE
You agree that you must not do any of the following while accessing or using the Site: (a) obtain access to, interfere with, or use without authorisation any non-public areas of the Site, or the computer systems or network owned or used by Alex Perry;
(b) breach or attempt to breach any security measures of the system or network owned or used by Alex Perry;
(c) use automated or other means to search the Site;
(d) scrape the Site;
(e) use the Site to send source identifying information including TCP packet headers or email headers which is false or changed; or
(f) interfere with, disrupt or attempt to interfere with or disrupt, the access of any user, host or network, including by sending a virus to, spamming, or overloading the Site, or by scripted use of the Site in such a manner as to interfere with or create an undue burden on the Site.

ELIGIBILITY TO PURCHASE
When placing an Order you:
(a) must provide your name, phone number, e-mail address, billing information and all other information specified in the order form on the Site;
(b) warrant that you are the person referred to in the billing information provided;
(c) expressly authorise Alex Perry to perform a credit check in relation to you;
(d) expressly authorise Alex Perry to transmit or to obtain information (including any updated information) about you to or from third parties including information about your credit/debit card number your credit report and credit worthiness, your identity and the authorisation of the transaction; and
(e) warrant that you are over the age of eighteen.

ORDERS
You agree that a contract for the sale of any Goods is only formed when:
– the Goods are available;
– you have placed an Order which complies with these Terms and Conditions, and
– Alex Perry has accepted the Order and has communicated its acceptance of the Order by confirmation email to you.
You agree that Alex Perry is under no obligation to accept any Order placed by you.

AVAILABILITY
Whilst Alex Perry makes every effort to ensure the availability of Goods offered for sale on the Site, Alex Perry cannot and does not guarantee the availability of Goods at any time.  You agree that notwithstanding you may place an Order for any Goods, and Alex Perry may have communicated its acceptance of such an Order, in the event that the Goods the subject of the Order are not available you have no rights against Alex Perry in respect of the Order save for a full refund of any amounts which may have been paid by you at the time you placed the Order for the Goods.

DELIVERY
Whilst Alex Perry makes every effort to ensure that delivery times are adhered to, you agree that any delivery time specified in any Order or confirmation of Order is not guaranteed and may be changed in the sole and absolute discretion of Alex Perry.
You agree that all delivery costs are charged in addition to the price of the Goods the subject of the Order and that delivery costs are as expressly marked at checkout.

ACCURACY
Alex Perry uses reasonable endeavours to ensure that all details, descriptions and prices which appear on the Site are accurate however, errors may occur.  If Alex Perry  discovers an error in the price of any Goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your Order at the correct price or to cancel your Order. In the case that we cannot get in contact with you, we will cancel the Order and refund you in full. The Site may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice. If an order sent from Alex Perry to the customer is not delivered for any reason including due to fault of the courier or delivery service, Alex Perry must, subject the original conditions applicable to acceptance of the Order:
(a) replace the item;
(b) refund the customer in full, or
(c) issue a credit note for the full amount.
Alex Perry delivers nationwide with Australia Post for a flat rate of $45.00.
Alex Perry Delivers Internationally at a flat rate of $200.00 AUD.
No returns or exchanges are accepted for international purchases, all international sales are final.
Alex Perry will work to dispatch the Goods the subject of your Order as soon as possible after acceptance of the Order and will notify you by email with the tracking number of consignment as soon as one is available. Please allow up to 7 business days for delivery in metropolitan areas  and up to 10 business days for delivery in remote areas.  On a weekend or on a public holiday, the earliest available time for dispatch is the next following business day. Internationally please allow up to 14 days for delivery. Once Goods have been dispatched, the delivery address cannot be changed so please ensure you have provided the correct details. All  deliveries of Goods require a signature upon receipt of delivery so please ensure the delivery address is attended between 9am to 5pm. Deliveries cannot be made to Australian Post Boxes or Parcel Lockers. If you provide a business address for delivery, please specify the name of the business. If no one is available to sign for a delivery, Australia Post will leave an “attempted delivery” card.  The parcel will be redirected by Australia Post to your local post office for you to pick up.

PAYMENT
The payment methods that we accept are Visa, MasterCard and PayPal.   No Orders will be accepted until payment has been received in full.  We may contact you to verify your personal details before dispatching your Goods for delivery.

DISCOUNT CODES
We may offer promotional discount codes to be used on the Site subject to special conditions specified at the time of issue.

RETURNS
Any Goods returned by  a customer to Alex Perry are at the sole risk  and cost of the customer.  The customer must bear the cost and expense of any  loss of or damage to any Goods  that are returned. The customer must, and undertakes to ensure, that any Goods returned to Alex Perry are sent by registered post with an effective tracking facility, and use the  labels provided by Alex Perry with the original Order of Goods and include the completed return form.

CONTACT
To make enquiries or otherwise communicate with Alex Perry, please use the following contact details:
Telephone:02 9233 6555
Email: store@alexperry.com.au
ALEX PERRY
STRAND ARCADE
SHOP 106, LEVEL 2, 412-414 GEORGE ST
SYDNEY, NSW, 2000, AUSTRALIA
ATT: SARAH

SALE ITEMS
Sale items are items that are discounted by 30% or more of the original recommended retail price (RRP).  Sale items are final sales and cannot be returned.
Alex Perry does not issue refunds or credit notes for any discounted items including for any items the subject of promotional discounts.
International purchases, are final sales and cannot be returned or exchanged.  

CONSUMER GUARANTEES
Alex Perry provides full refunds for Goods purchased online if the Goods::
(a) are faulty, not of acceptable quality, or unsafe; or
(b)do not match the description of the Goods given on the Site, or given to you by any Alex Perry representative.
Goods that are damaged by you, or showing wear and tear are not faulty.
If you believe Goods purchased by you are faulty or do not match the description given by Alex Perry, please contact Customer Care promptly.  Customer Care will provide you with a Return Authorization number (RA#).Alex Perry reserves the right to repair minor defects in Goods returned as faulty.  You acknowledge ad agree that you are obliged to accept Goods which have been the subject of any such minor repair.

CHANGE OF MIND RETURNS
A “change of mind” return means any return by a customer of Goods that are not faulty and have not been misdescribed. Alex Perry accepts change of mind returns for a full refund provided that the Goods were full priced items purchased online, and the following conditions have been met:
(a)the customer has obtained a Return Authorization number (RA#) from Alex Perry within 7 business days of receiving the Goods;
(b)      the Goods have not been worn, altered, damaged or washed;
(c)       the Goods have all original tags attached to them;
(d)      the Goods returned are  in their original packaging;
If a change of mind return does not meet any one or more of the above conditions, the change of mind return will be rejected.
To ensure items are fit to be returned, we recommend that you:
(a) do not apply any body moisturisers before trying clothing on in order to avoid marking leather, silk, suede and other delicate fabrics;
(b) do not let make-up rub off on garments, and
(c) do not allow jewellery to catch on garments.

EXCHANGES
If you would like to exchange an item for another size or a different style please email store@alexperry.com.au with details of your request. Only full priced items are eligible for exchange.  Sale items are not eligible for exchange.

TO RETURN AN ITEM
If you wish to return Goods please ensure you  comply with the specific conditions set out in the Terms and Conditions.
You must first register for a return by emailing store@alexperry.com.au Once you have emailed store@alexperry.com.au  you will receive your Return Authorisation number (RA#) and a return form by email. The return form must be completed and enclosed with the returned Goods  The Goods must be wrapped in the original packaging and returned to Alex Perry, attention: Customer Care by registered post to:
ALEX PERRY
STRAND ARCADE
SHOP 106, LEVEL 2, 412-414 GEORGE ST
SYDNEY, NSW, 2000, AUSTRALIA
ATTENTION: SARAH
Once your return is received by Customer Care, the Goods will be checked to ensure determine whether the Goods meet with Alex Perry’s returns conditions.  If the Goods do meet the preconditions for return you will receive a refund. If the Goods do not meet the returns conditions Customer Care will contact you. For more information regarding returns, please contact Customer Care:
T: (02) 9233 6555 | E. store@alexperry.com.au

INTERNATIONAL ORDERS
International purchases, are final sales and cannot be returned or exchanged. Alex Perry provides full refunds for Goods purchased online if the Goods:
(a) are faulty, not of acceptable quality, or unsafe;
(b) do not match the description of the Goods given on the Site, or given to you by any Alex Perry representative.

DISCLAIMER
The information contained on the Site is for general information purposes only.  The information is provided by Alex Perry and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose.  Any reliance you place on such information is therefore strictly at your own risk. For the avoidance of doubt, you agree that the display of goods or services for sale on the Site are an invitation to treat and are not a contractual offer for sale. Alex Perry may in its sole discretion reject or not accept your offer to purchase any goods or services for sale on the Site in its sole discretion and for any reason. Alex Perry shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of Alex Perry products from the Site. Alex Perry’s liability is limited to the value of the Goods the subject of an Order. This website may contain links to other websites.  Alex Perry is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites.  Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by Alex Perry.  Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites. Every effort is made to ensure the efficient operation of the Site and Services and that the information contained within the Site is accurate at all times.  However, Alex Perry takes no responsibility, and will not be liable for the Site becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.

INTELLECTUAL PROPERTY
For purposes of this Agreement, the term ‘Content’ means a creative expression and includes video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Site. This Site contains material which is owned by or licensed to Alex Perry.  This material includes the design, layout, look, appearance and graphics.  Reproduction is prohibited. All trademarks reproduced in this Site which are not the property of, or licensed to, the operator are acknowledged on the Site.  Alex Perry and, where applicable, relevant third parties, retain ownership or control of all intellectual property rights in all Content. Unless otherwise indicated, all materials on this Site, and the Site itself, are protected by copyrights, trademarks and other intellectual property rights.  Except for the purpose of a bona fide use of this Site or as otherwise permitted by the Copyright Act 1968, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Alex Perry.  Any other use of materials on this Site, including reproduction for any purpose other than personal non-commercial use, modification, distribution or republication, without the prior express written permission of Alex Perry, is strictly prohibited.

APPLICABLE LAW AND JURISDICTION
You agree that your use of the Site and our Agreement is governed by the laws of the State of New South Wales, Australia.  You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Site.

 Alex Perry Privacy Statement
10th May 2016

We take our customers privacy seriously and we will only collect and use your personal information as outlined below.
Our Privacy Statement fully complies with the Privacy Act 1988 and represents the industry’s best practice.

PERSONAL INFORMATION COLLECTED 
Normally we collect information from you directly, unless it is unreasonable or impracticable to do so. Collection of your personal information can occur through the following interactions: when you access and use our website or WiFi services; during conversations with our team members; when you complete purchase orders, registrations, requests or applications for our products or services (by phone, in person or electronically); when you communicate with us directly (by email, telephone, direct mail or any other means); when you interact with us during promotions, competitions, special events, or by using devices within our stores.
We may also collect personal information about you from the following third parties: retail brands and suppliers who provide goods and services within our stores. This may include other suppliers who provide products and services to you on our behalf.

COLLECTION OF PERSONAL INFORMATION
We collect your personal information so that we can carry out the following actions (“Purpose”): to provide you with products and services that you have requested from us; to communicate with you, including about products and services, competition results, special offers, and events which might interest you; to answer your questions and provide you with information or advice; to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts; provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery service providers and fulfillment managers; carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way Alex Perry and its related bodies corporate and service providers provide products and services to you; to consider and respond to complaints made by you; to comply with laws or regulations or to comply with any directions given by regulators or authorities.

UPDATING YOUR PERSONAL INFORMATION
You can update your personal information anytime by accessing your account on the Alex Perry website.
Unsubscribing from Email Subscriptions- From time-to-time Alex Perry may send you electronic marketing material – but only ever in accordance with the provisions of Spam Act 2003 (Cth). You may unsubscribe from our mailing list at any time- Open any newsletter sent to you by Alex Perry. Scroll to the bottom of the newsletter and click ‘Unsubscribe’.

SECURITY OF YOUR PERSONAL INFORMATION 
Alex Perry ensures that all information collected will be safely and securely stored. We protect your personal information by:
Restricting access to personal information
Maintaining technology products to prevent unauthorized computer access
Securely destroying your personal information when it’s no longer needed for our record retention purposes
Alex Perry uses 256- bit SSL (secure sockets layer) encryption technology when processing your financial details. 256-bit SSL encryption is higher than the industry standard.

DISCLOSURE OF PERSONAL INFORMATION 
Your personal information may be disclosed in connection with any Purpose to any of the following:
our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you. This may include internet service providers, IT systems administrators, mailing houses, couriers, payment processors, and data entry service providers;
retail brands and suppliers who provide goods and services within our stores. This may include other suppliers who provide products and services to you on our behalf;
our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes;
Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.

ABOUT BREACHES OF PRIVACY 
If you believe that your privacy has been breached by Alex Perry please contact us at store@alexperry.com.au and we will resolve the issue.

COLLECTION OF COMPUTER DATA 
When you visit Alex Perry, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:
Your computer’s IP address, Browser type, Webpage you were visiting before you came to our site. The pages with in Alex Perry you visit, The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics. This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.

CHANGES TO THE PRIVACY 
Alex Perry reserves the right to modify and change the Privacy Statement at any time. Any changes to this policy will be published on our site. Complaints about breaches of privacy- If you are not satisfied with the way in which we handle your enquiry or complaint, please don’t hesitate to contact us at store@alexperry.com.au