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Terms & Condition

Last updated: 15th May, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation And Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: Sydney, Australia
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Tina Holly Couture Pty Ltd.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.\
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Tina Holly Couture Pty Ltd accessible from http://tinaholly.com.au
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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 that is owned by or licensed to Tina Holly Couture. 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.

PRIVACY

You agree that any information you provide to Tina Holly Couture is subject to Tina Holly Couture’s Privacy Policy.

ELIGIBILITY TO PURCHASE

When placing an Order you:

  • Must provide your name, phone number, e-mail address, billing information, and all other information specified in the order form on the Site;
  • Warrant that you are the person referred to in the billing information provided;
  • Authorise Tina Holly Couture to perform a credit check in relation to you;
  • Authorise Tina Holly Couture 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 creditworthiness, your identity, and the authorization of the transaction; and
  • Warrant that you are over the age of eighteen.

ORDERS, AVAILABILITY & ACCURACY

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 Tina Holly Couture has accepted the Order and has communicated its acceptance of the Order by a confirmation email to you. You agree that Tina Holly Couture is under no obligation to accept any Order placed by you.
  • Whilst Tina Holly Couture makes every effort to ensure the availability of Goods offered for sale on the Site, Tina Holly Couture 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 Tina Holly Couture 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 Tina Holly Couture 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.
  • Tina Holly Couture uses reasonable endeavours to ensure that all details, descriptions, and prices which appear on the Site are accurate however, errors may occur. If Tina Holly Couture 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 Tina Holly Couture to the customer is not delivered for any reason including due to a fault of the courier or delivery service, Tina Holly Couture must, be subject to the original conditions applicable to acceptance of the Order:
Replace the item;

Refund the customer in full, or

Issue a credit note for the full amount.

Limitation Of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

You agree that you must not do any of the following while accessing or using the Site:

Obtain access to, interfere with, or use without authorization any non-public areas of the Site, or the computer systems or network owned or used by Tina Holly Couture. A breach or attempt to breach any security measures of the system or network owned or used by Tina Holly Couture. Use automated or other means to search the Site, Scrape the Site; Use the Site to send source-identifying information including TCP packet headers or email headers which is false or changed; or 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.

DISCLAIMER

The information contained on the Site is for general information purposes only. The information is provided by Tina Holly Couture and while we endeavor 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 is an invitation to treat and is not a contractual offer for sale. Tina Holly Couture 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. Tina Holly Couture 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 Tina Holly Couture products from the Site.

Tina Holly Couture’s liability is limited to the value of the Goods the subject of an Order. This website may contain links to other websites. Tina Holly Couture 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 Tina Holly Couture.

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, Tina Holly Couture 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.