1.1 This website at www.stitcheryblue.com.au/ (Site) is an online shopping website where you can browse, select and order clothing, apparel, accessories and other products advertised on the Site (Goods) from Millington Pty. Ltd. (ACN 069 091 452) trading as Stitchery Blue (‘Stitchery Blue’, ‘us’ or ‘we’).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Goods through the Site, is subject to these terms and conditions.
1.4 The terms and conditions also apply to the sale of any Goods via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
The information contained in this Site is provided in good faith on an “as is” basis. Stitchery Blue does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, Stitchery Blue is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
3. Intellectual Property
3.1.1 acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
3.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
3.1.3 must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
3.2 You may:
3.2.1 store a reproduction of the Material on this Site on your local computer for the sole purpose of viewing the content and Materials; and
3.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods but not for any other use, including commercial use.
3.3 This Site, the Goods and any ancillary materials or documents owned or used by Stitchery Blue in connection with the sale of the Goods and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Stitchery Blue. You must not use any of the Materials, marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
4.1 Stitchery Blue does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
4.2 You are responsible for scanning any information for viruses.
4.3 You agree that Stitchery Blue has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4.4 If Stitchery Blue is found to be liable this will be limited to the cost of supplying or re-supplying (as applicable) the information again.
5. Compliance with these Terms and Conditions
5.1 You agree to bound by, and comply with, these terms and conditions by:
5.1.1 using the Site; and/or
5.1.2 obtaining or ordering Goods from us using the Site or by any other method of sale.
6. Changes to these Terms and Conditions
6.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
6.2 Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
7. Placing an Order for Goods
7.1 You may order Goods by selecting and submitting your order through the Site in accordance with these terms and conditions.
7.2 Any order placed through this Site for a Good is an offer by you to purchase the particular Good for the price notified (including the delivery and other charges and taxes) at the time you place the order.
7.3 All Goods purchased from us must only be used for personal use and must not be on-supplied and/or re-sold for commercial and/or redistribution purposes whether within Australia or otherwise.
7.4 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
7.5 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
8. Acceptance or Rejection of an Order
8.1 We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Good is not available, if we reasonably suspect that the Goods are being purchased for any purpose other than for personal use, if there is an error in the price or the product description posted on the Site or in your order.
8.2 Each order placed for Goods through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Goods. For each order accepted by us, we will supply the Goods in that order to you in accordance with these terms and conditions.
8.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
9. Cancelling an Order (by Us)
9.1 Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
9.1.1 the requested Goods in that order are not available; or
9.1.2 there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Good in that order; or
9.1.3 we consider that the postage price selected in the checkout does not match the applicable price for the delivery address; or
9.1.4 your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or
9.1.5 that order has been placed in breach of these terms and conditions.
9.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
10. Cancelling an Order (by You)
10.1 Once an order has been made, any cancellations or changes to the order may only be permitted at our absolute discretion.
10.2 Should you wish to correct your delivery address or contact details prior to the order being dispatched, please contact us and we will endeavor to assist you.
11. Delivery of Goods
11.1 All orders made via the Site may attract shipping charges. By agreeing to these terms, you agree and acknowledge that any shipping charges will be in addition to the price of any Goods orders.
11.2 Please refer to the Shipping Policy on the Site for information on delivery times and costs.
12. Prices, Fees and Charges
12.1 The prices of Goods and delivery and other charges displayed on this Site are current at the time of issue, however, Stitchery Blue reserves the right to change prices at any time before we accept an order from you.
12.2 All prices shown on this Site are in Australian Dollars (AUD).
12.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
12.3.1 the purchase price of each Good that is ordered;
12.3.2 the delivery fee for delivering the Goods to you; and
12.3.3 any other fees and charges set out in these terms and conditions.
12.4 All fees and charges identified in these terms and conditions and all prices for the Goods as shown on the Site are inclusive of GST (unless otherwise indicated).
13. Your Obligations
13.1 You covenant and warrant that:
13.1.1 all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
13.1.2 the person receiving the Goods at the delivery address is authorised by you to do so;
13.1.3 the Goods are being purchased for your personal use and consumption;
13.1.4 you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
13.1.5 you are responsible for any costs associated with your access to or use of the Site, including internet access fees;
13.1.6 you are responsible and liable for any person that uses your device and or details to order Good(s) through the Site;
13.1.7 you agree that we may charge you for all Goods that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
13.1.8 you will check the labels on the Goods before use.
13.2 You must not:
13.2.1 use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
13.2.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
13.2.3 make fraudulent or speculative enquiries, purchases or requests through the Site;
13.2.4 use another person’s details without their permission or impersonate another person when using the Site;
13.2.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
13.2.6 tamper with or hinder the operation of the Site;
13.2.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
13.2.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
13.2.9 modify, adapt, translate or reverse engineer any portion of the Site;
13.2.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
13.2.11 reformat or frame any portion of the web pages that are part of the Site;
13.2.12 create accounts by automated means or under false or fraudulent pretences;
13.2.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;
13.2.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
13.2.15 use the Site other than in accordance with these terms and conditions; or
13.2.16 attempt any of the above acts or engage or permit another person to do any of the above acts.
14. Warranty and Liability
14.1 Stitchery Blue accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
14.2 Where we are permitted by law (and subject to clause 14.1):
14.2.1 we do not warrant or represent the suitability of the Site or a Good for any purpose; and
14.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Good.
14.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
14.4 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
14.4.1 to cancel these terms and conditions with us; and
14.4.2 to a refund for the unused portion, or to compensation for its reduced value.
14.5 You are also entitled to choose a refund or replacement for major failures with the Goods. If a failure with the Goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods
15.1 Returns will only be permitted in accordance with these terms and conditions or our Returns Policy.
15.2 By continuing to use the Site and/or acquire any Goods, you agree to be bound by the terms of our Returns Policy.
15.3 For further information on returns, please visit the Returns Policy on the Site.
16. Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions.
17. General Provisions
17.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
17.2 This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
19.1 Capitalised terms used are defined in these terms and conditions.
19.2 In these terms:
19.2.1 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
19.2.2 “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
19.2.3 “Good’ means each good or service that is advertised on the Site.
Date Reviewed: 17 January 2022
Date Updated: –