Terms of service

Our Agreement

Please read these Terms of Service together with our Privacy Policy and our Shipping & Returns policy. Together, these documents form the entire agreement (“Agreement”) between you and Alex Perry Pty Ltd (“Alex Perry”, “we”, “us”, “our”). The Agreement governs our offering of Goods for sale online at alexperry.com.au, your use of the Site, and any Order you place.

By using the Site and ordering Goods from it, you agree, by your conduct, to be bound by these Terms of Service. We recommend you retain a copy at the time you place an Order. If you do not agree to these Terms of Service, or cannot meet them, including any precondition relating to age, you must not use the Site.

Nothing in this Agreement excludes, restricts or modifies any consumer right or guarantee you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded.

Definitions

In this Agreement:

  • “Goods” means the women’s clothing and related products made or offered by Alex Perry for sale on the Site;
  • “Order” means an order for Goods that you place using the Site;
  • “Site” means the website at alexperry.com.au;
  • “Content” has the meaning given in the “Intellectual Property” section;
  • “Shipping & Returns policy” means our shipping, delivery and returns policy published on the Site, as updated from time to time, which forms part of this Agreement.

Modifications to the Agreement

We may modify any part of the Agreement at any time by posting a revised Terms of Service, Privacy Policy or Shipping & Returns policy on the Site. All modifications are effective when posted. Your continued use of the Site constitutes acceptance of the Agreement as modified.

Privacy

Any information you provide to us is handled in accordance with our Privacy Policy. Because the Site is hosted by Shopify, some of your information is also processed by Shopify; our Privacy Policy explains how this works and links to Shopify’s own privacy policy.

Limitations of Use

You may use the Site for lawful purposes only. You agree that you must not, while accessing or using the Site:

  • 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;
  • Breach or attempt to breach any security measure of the system or network owned or used by Alex Perry;
  • Use automated or other means to search or scrape the Site, or use any robot, spider, data-gathering or extraction tool to access or collect content from the Site;
  • Use the Site to send source-identifying information, including TCP packet headers or email headers, which is false or altered;
  • Impersonate any person or entity, or misrepresent the origin of any content you submit;
  • Harass, abuse, threaten or harm any person, or transmit any unlawful, defamatory or obscene material;
  • Use the Site to transmit unsolicited advertising or promotional material, or any malware or other harmful code; or
  • Interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network, including by spamming or overloading the Site, or by scripted use that creates an undue burden on the Site.

Eligibility to Purchase

When placing an Order you:

  • Must provide your name, phone number, email address, billing information and all other information specified in the order form;
  • Warrant that you are the person referred to in the billing information provided;
  • Authorise us to transmit or obtain information about you to or from third parties for the purpose of verifying your identity and authorising the transaction; and
  • Warrant that you are over the age of eighteen.

Orders

A contract for the sale of any Goods is formed only when the Goods are available, you have placed an Order that complies with these Terms of Service, and we have accepted the Order and communicated our acceptance by confirmation email. We are under no obligation to accept any Order.

Availability

Whilst we make every effort to ensure the availability of Goods offered on the Site, we cannot and do not guarantee availability at any time. Even where you have placed an Order and we have communicated acceptance, if the Goods are not available your sole remedy is a full refund of any amount paid for those Goods.

Pricing and Accuracy

We use reasonable endeavours to ensure that all details, descriptions and prices on the Site are accurate; however, errors may occur. If we discover an error in the price of Goods you have ordered, we will notify you and offer you the option to reconfirm your Order at the correct price or to cancel it. If we cannot reach you, we will cancel the Order and refund you in full. The Site may contain errors or inaccuracies, and we reserve the right to correct them and to update information at any time without notice.

If an Order is not delivered for any reason, including the fault of a courier or delivery service, we will, subject to the original conditions applicable to acceptance of the Order:

  • Replace the item;
  • Refund you in full; or
  • Issue a credit note for the full amount.

Shipping

Shipping methods, costs, processing times, delivery timeframes, duty and tax handling, and any collection options are set out in our Shipping & Returns policy, which forms part of this Agreement and may be updated from time to time. Delivery costs (if any) are as marked at checkout. Delivery timeframes are estimates only and are not guaranteed.

From time to time, customs authorities in the destination country may require identifying information for formal customs clearance. Any such information should be provided to the nominated carrier when prompted.

Once we hand the Goods to the carrier, title to and risk of loss in the Goods pass to you, subject to your rights under the Australian Consumer Law and the “Consumer Guarantees” section below.

Returns and Exchanges

The conditions, timeframes and process for returns and exchanges are set out in our Shipping & Returns policy. To arrange a return, contact our client services team at clientservices@alexperry.com.au within the period and in the manner described in that policy.

Items must be returned in the condition described in the Shipping & Returns policy, including unworn, unaltered, with all original tags attached, and in their original packaging. Returns that do not meet those conditions may not be accepted. We are not responsible for missing returns or items lost in transit. Where a return is approved, the refund is issued to the original payment method once the return has been received and inspected.

These return conditions concern change-of-mind returns and do not limit your rights under the Australian Consumer Law where Goods are faulty, not of acceptable quality, or not as described. See “Consumer Guarantees” below.

Sale Items

The returns treatment of sale items is set out in our Shipping & Returns policy. Except as required under the Australian Consumer Law, and except as otherwise stated in that policy:

  • There are no price adjustments on previous purchases;
  • Sale offers may not be combined with any other offer, and promotion codes are not valid on sale purchases;
  • Sale items are not guaranteed in stock, and you will be notified if items cannot be fulfilled;
  • We reserve the right to change, revise or modify the terms of any offer at any time.

Consumer Guarantees

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

We provide full refunds for Goods purchased online that are faulty, not of acceptable quality, or unsafe, or that do not match the description given on the Site or by an Alex Perry representative. Goods damaged by you, or showing wear and tear, are not faulty. If you believe your Goods are faulty or not as described, please contact our client services team promptly at clientservices@alexperry.com.au, and they will provide you with a Return Authorisation number (RA#).

Change of Mind Returns

A “change of mind” return means a return of Goods that are not faulty and have not been misdescribed. We accept change of mind returns provided the Goods were purchased online and the conditions in our Shipping & Returns policy are met, including that:

  • You have obtained a Return Authorisation number (RA#) within the period stated in the Shipping & Returns policy;
  • The Goods have not been worn, altered, damaged or washed;
  • All original tags remain attached; and
  • The Goods are returned in their original packaging.

To keep your pieces in returnable condition, we recommend you avoid applying body moisturisers before trying garments on, take care that make-up does not transfer to the fabric, and ensure jewellery does not catch on the cloth.

Force Majeure

We are not liable for any failure or delay in performing our obligations under this Agreement where the failure or delay results from events beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, strikes or labour disputes, failures of telecommunications or payment systems, third-party platform or hosting outages, courier or carrier failures, customs or border delays, and changes in law. Where such an event occurs, our obligations are suspended for the duration of the event, and any affected delivery timeframe is extended accordingly.

Disclaimer and Limitation of Liability

The information on the Site is provided for general information purposes only. While we endeavour to keep it accurate and current, we make no representations or warranties, express or implied, about its completeness, accuracy, reliability, suitability or availability for any purpose. Any reliance you place on it is at your own risk.

For the avoidance of doubt, the display of Goods for sale on the Site is an invitation to treat and is not a contractual offer. We may, in our sole discretion, decline your offer to purchase for any reason.

To the extent permitted by law, and subject to the Australian Consumer Law and the “Consumer Guarantees” section above, we are not liable for any indirect or consequential loss and, in particular, accept no liability for loss of income arising from the purchase of Alex Perry products from the Site. To the extent permitted by law, our total liability is limited to the value of the Goods the subject of the relevant Order.

This Site may contain links to other websites. We are not responsible for the availability of, or any content within, those websites, and a link does not constitute an endorsement. Any questions relating to such websites should be directed to their operators. To the extent permitted by law, we are not liable for the Site becoming temporarily unavailable due to technical issues or other matters beyond our control.

Feedback and Reviews

If you submit reviews, suggestions, ideas, or other content to us or through the Site (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish and display that Feedback in connection with operating and promoting our business. You confirm that you hold the rights necessary to provide the Feedback, that it is your own, and that it does not infringe the rights of any third party or contain unlawful or objectionable material. We are not obliged to keep Feedback confidential, to pay for it, or to respond to it, and we may remove Feedback at our discretion.

Our Platform

Our store and website are powered by Shopify, which enables us to provide them to you. Any sales and purchases you make are made directly with Alex Perry. Because the Site is hosted by Shopify, certain information is transmitted to and processed by Shopify and parties that may be located outside Australia, as described in our Privacy Policy and in the Shopify Consumer Privacy Policy.

Automated Access and Agents

As automated and AI-driven tools increasingly interact with online stores, we ask that any agent acting on a person’s behalf, meaning software that accesses or transacts on the Site autonomously or semi-autonomously, identifies itself as an agent and operates openly rather than presenting itself as a human visitor. We may set reasonable conditions on, or limit, how such agents access the Site, and we ask that they respect any technical measures we use to manage automated access. This section is intended to support good-faith automated interaction with the Site, alongside the “Limitations of Use” above.

Intellectual Property

In this Agreement, “Content” means 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, made accessible on or through the Site.

The Site contains material owned by or licensed to Alex Perry, including its design, layout, appearance and graphics. Reproduction is prohibited. All trademarks reproduced on the Site that 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 the Site, and the Site itself, are protected by copyright, trademark and other intellectual property rights. Except for bona fide use of the Site, or as permitted by the Copyright Act 1968 (Cth), no part of the Site may be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose without our express written permission. Any other use, including reproduction for any purpose other than personal non-commercial use, modification, distribution or republication, is strictly prohibited.

Indemnity

To the extent permitted by law, you agree to indemnify us against any loss, damage, liability or claim, including reasonable legal costs, arising from your breach of this Agreement, your violation of any law or the rights of a third party, or your misuse of the Site. This does not apply to the extent the loss is caused by our own negligence or breach, and nothing in this section limits your rights under the Australian Consumer Law.

Termination

We may suspend or terminate your access to the Site at our discretion where you have breached this Agreement or where we are required to do so by law. You remain liable for any amounts owing up to the date of termination. The sections concerning intellectual property, feedback, indemnity, disclaimers and limitation of liability, governing law, and any others that by their nature should continue, survive termination.

General

If any provision of this Agreement is found to be unlawful or unenforceable, that provision is severed and the remaining provisions continue in full force. Our failure to enforce any right or provision is not a waiver of it. This Agreement, together with the Privacy Policy and the Shipping & Returns policy, is the entire agreement between you and us and supersedes any prior agreements on the same subject. You may not transfer or assign your rights under this Agreement without our consent; we may assign ours on reasonable notice, including in connection with a sale or restructure of our business.

Applicable Law and Jurisdiction

Your use of the Site and this Agreement are governed by the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to any proceeding arising out of or relating to the Site.

Contact

To make an enquiry or otherwise communicate with us, please contact our client services team at clientservices@alexperry.com.au.