Our Terms shall apply to all users, and visitors, merchants, and/or contributors of content. Throughout the site, the terms “we”, “us” and “our” shall refer to Fashion Playground Pty Ltd trading as Fashion Playground (ABN 71 618 822 7183). You the person, organisation or entity that purchases products or related services from us are referred to as “you” or “your”.
SECTION 1 – Services
A binding agreement comes into existence between you and our store once we have given you an order number. We, at our own discretion, may accept or reject any order if it concerns the availability of our products or services and our ability to validate payment for the said products or services. No changes to the following Sales Terms will be implemented unless both parties agree to the changes in writing. Cancellation of order will only be allowed prior to the shipping of your order.
SECTION 2 – Pricing and payments
You agree to pay the price specified on the site at the time that you place your order for the purchase of our product, including any applicable delivery and insurance charges based on the delivery options that you have selected. All delivery and insurance charges will also be indicated separately. Please take note that all amounts are stated in Australian currency, and may include Australian GST (where applicable).
Furthermore, you must pay for the product by using one of the methods we have laid out on the site. The payment shall be verified and processed as soon as possible upon the receipt of your order. You must not, or attempt to, pay for an order through any fraudulent or unlawful means. An order may be cancelled if your payment has not been successfully processed. Any additional expenses are considered as a sole responsibility of the customer. Fashion Playground e is not responsible for the currency conversion rates charged by your chosen bank. Payment for all orders must be made through credit or debit card such as Visa, Visa Debit, and Mastercard. Payments made via PayPal will also be entertained.
The prices of the products, including delivery and other charges displayed on this website are current at the time of issuance, but may change at any time.
SECTION 3 – Availability and cancellation of order
All purchases made with us are subject to the availability of the chosen item. Rest assured that we always do our best to keep most of our products in stock, and to keep the Site up-to-date regarding the availability of products we offer.
In case a considerable delay in dispatching your order occurs, or if for any reason we cannot supply the item you have ordered, we will contact you immediately using the contact details you have provided before placing an order. For this purpose, you have the freedom to choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, the delivery costs you have paid for the product will be refunded to you as well. Meanwhile, if you decide to settle by putting your order on backorder, we will reach out to you to arrange for the delivery once the product becomes available for shipping.
SECTION 4 – Delivery
The cost of delivery will be as set out on the site, and will not be refundable. The term “delivery costs” can only cover transportation costs and will not include import or customs duties, taxes or other charges of any kind that may apply in the country of destination. We will not assume, and expressly exclude, any liability for any delays, duties, taxes, or other charges that may apply in any country of destination, or if the products are rejected for any reasons at the country of destination, and will not accept any return, refund or cancellation due to any such delay, duty, tax, or rejection.
We usually dispatch the product within 72 hours (on business days in New South Wales, Australia (AEST) upon the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are an estimation only based on the information provided by the courier company. We will deliver the product to the exact place of delivery you have specified upon making an order. It is your responsibility to track the delivery of the products, and Fashion Playground will not be liable if you are not notified by your country’s postal authority that items are subject to the payment of any applicable import or customs duties, taxes, and other charges. Lastly, we will not be liable for lost parcels especially if the situation is caused by an incorrect delivery address you have provided at the time of purchase or returned goods.
Moreover, Fashion Playground cannot be held accountable for parcels delayed to reasons beyond our control, including the following, but not limited to:
- Service strikes
- Civil commotion
- Terrorist attack or threat of terrorist attack
- Weather or any kind of Natural disasters
- Failure of public or private telecommunications networks
SECTION 5 – Discount codes and promotions
Fashion Playground, from time to time, may offer promotional discount codes, which may be applicable to the products we offer on the store, and must be entered at the time of finalizing and submitting your order. The conditions for using any kind of discount code shall be specified at the time of its issuance. We strictly implement the use of only one promotion code for every order.
SECTION 6 – Intellectual property rights
All and any Intellectual Property Rights in connection with the products shall be owned by us (Fashion Playground) absolutely.
Intellectual Property Rights means that all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not, including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights.
You must not breach our Intellectual Property Rights by, including but not limited to:
- Alteration or modification of any of our materials
- Creating derivative works based on the materials
- Using our Materials for commercial purposes
SECTION 7 – Dispute
We highly value your feedback; therefore, we strive to resolve your concerns promptly and effectively. Should you have any feedback or questions about our product, please feel free to talk to us any time. In case a dispute between the parties arises in relation to these terms, the parties therefore agree to the follow the dispute resolution procedure:
For the settlement of disputes, you must convey your concern or issue in writing, including the result you seek and the action/s you prefer Fashion Playground to make. By engaging in our service, you also agree to meet with us personally to resolve any concern or dispute. If in case the issue cannot be resolved at the initial meeting, both parties are given the opportunity to seek for the help of a mediator.
If both parties are not able to decide on the mediator, the complainant shall seek for the help of Law Society of Queensland, Australia to lawfully appoint a mediator. The said mediator shall be responsible for the time and venue of the mediation, which both parties must personally attend in good faith, to resolve the concern or issue. Any attempts made by both parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.
SECTION 8 – Consumer law, return, refund and exchange policy
The goods we sell are covered with warranties and guarantees that cannot be excluded as stated in Australian Consumer Law under the Consumer Guarantees. Once you have purchased any of our products, it automatically entitles you to a repair, replacement, or a refund if in case a damage hinders you from using our product. You will be also given the right to have the goods repaired or replaced if the goods don’t match the specifications we have provided.
ACL: Legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 may confer you with rights, warranties, guaranties and remedies relating to the provision of services by us to you, which cannot be restricted or modified (Statutory Rights)
Goods & Services: Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. We exclude all conditions and warranties implied by custom, law or statue except for your Statutory Rights. If you are a consumer as defined in the ACL, the following applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You as a consumer are also entitled to have the goods repaired or replaced if the goods fail to meet an acceptable quality and the failure does not amount to a major failure.” You agree that our liability for goods provided to be a person or entity defined as a “consumer” under the ACL is governed by the ACL and these Sales Terms.
Replacement, refund or repair: After receiving a product, if you wish to seek repair, replacement or refund, please contact us and we will explain the requirements to you. Requirements may include you providing proof of purchase and evidence of the faulty product to us.
Warranties: Except for your Statutory Rights, all products and services are provided to you without warranties of any kind. We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Exchange and Refunds Policy: We offer exchanges and/or refunds only where products:
- Are faulty (other than where the fault is caused by you)
- Are misdescribed by us (as determined by us in our sole discretion); or
- Are the incorrect size (and we are unable to offer an exchange for the correct size)
An exchange or refund will not be permitted for any other reason. Sale items are non-refundable or exchangeable under any circumstance. Items must be returned to us within 30 days of your receipt of the order to be eligible for an exchange or refund. All items must be returned to us in their original condition, in the original packaging, unworn, unwashed, and complete with original tags and labels. The refund or exchange will occur once we receive evidence of the faulty product or misdescription, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund or exchange under these Sales Terms. In regard to products that are of incorrect size, we will only offer refunds where the product in the required size is unavailable, and only if the returned product complies with this clause. We will only exchange items of equal or lesser value, limited to change of colour, design or size, and subject to availability. We are not responsible for the any payments related to the delivery costs, import or customs duties, levies, taxes or other liabilities that may apply in the face of an exchange or refund.
Packaging: Products being returned for our collection must be adequately packaged to ensure that it is not damaged during the return delivery to our warehouse.
Change of mind: We do not accept returns for change of mind
Duty of care: Whilst a product is in your possession you have a duty of care for the product. If you are to damage products and then return the products, you may be liable to pay for the repair of the product to its original state. When a repair is not economically viable, no refund will be made.
SECTION 9 – Limitation of liability and disclaimers
Our liability is governed solely by the ACL and these Terms and Conditions. Fashion Playground will, and shall not be, liable for any special, consequential, incidental, punitive, or indirect damages you have suffered or claims made against you, arising out of or in connection with our site, inability to access or use the site, the products, the late supply of products or services, or these terms, regardless if we have been advised of the likelihood of such loss or damage.
To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms and Conditions. This clause will survive termination of these Terms and Conditions.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following if the breach relates to:
- the goods:
- the replacement of the goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
SECTION 10 – Indemnity
You agree to indemnify, defend and hold harmless Fashion Playground Pty Ltd, its officers, employees, consultants, agents, and affiliates, from any and all claims, suits, costs and expenses, and demands which resulted from, without limitation, your breach of these terms and conditions, or your violation of any law or the rights of a third-party. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services.
SECTION 11 – General
Fashion Playground agrees to meet the terms with the legal requirements provided in the Australian Privacy Principles as set out in the Privacy Act 1988 and any other applicable legislation or privacy guidelines there is.
Fashion Playground does not represent, guarantee or warrant the reliability and accuracy of any information contained on the site for any purpose, and that your use of our service will be uninterrupted, timely, secure or error-free. Furthermore, we have the right to refuse all and any of your orders at our discretion, if you have, or suspected to have, breached any of our Terms and Conditions, most especially if you are using our name and re-selling our products prior consent.
We will not be held accountable for delays of any kind, and/or failure to perform our duties under these terms if such delay has resulted from any circumstance beyond our control.
If any part of these Terms is said to be invalid, unlawful or unenforceable by a competent court, the remaining provisions of these Terms will remain valid and in effect.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of Australia, subject to the exclusive jurisdiction of the courts operating in the country. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
These Terms and Conditions represent the entire agreement between you and Fashion Playground Pty Ltd, and take over from any prior agreement, understanding or arrangement between you and us, whether made in verbal or in writing.
P.O Box 3517, Putney, 2112, NSW