Terms & Conditions

 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us

https://www.modelchic.com.au is a website (‘Site’) operated by RYG Synergy Enterprise Pty Ltd

ACN 130 952 037 of Unit 2, 5 Hudson Ave, Castle Hill, NSW (we, us and our).

To contact us, please email hello@modelchic.com.au

Reference to the Site, includes any garment or fashion item we have listed for sale on the Site from time to time (‘Product’).

2. By using our Site you accept these terms

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. You agree you are of legal age to enter into a contract in Australia to make any purchases on our Site.

We are the owner or the licensee of all intellectual property rights in our Site, our Products, and in the material published on the Site. All such rights are reserved.

4. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 8th November 2022.

5. We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our Products, our users' needs, changes in law and our business priorities.

6. We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content or Products on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

7. User Account

When you elect to purchase one of our Products, you may choose to register for an account through the Site.

As part of the registration process, or as part of your continued purchases of our Products, you may be required to provide personal information about yourself (such as identification or contact details), including; email address, mailing address, telephone number, password, and residential address

You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Site and agree to be bound by the Terms and keep your password and/or email address confidential.

8. Placing an Order for Products

By placing a request to purchase Products under these terms on the Site (Order), you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order. Each Order you place will be a separate contract.

Unless otherwise agreed by us, you acknowledge that all Products purchased under these terms are intended for personal use only and will not be re-sold, unless with our consent. Please contact us if you would like to enter into a wholesale arrangement.

We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.

Your Order becomes a sale we have issued you a tax invoice.

Title and risk in the Products passes to you on the date and time of Delivery of the Products to you by the delivery agent.

9. Availability of Products

Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us.

If your Order is affected by a genuine error (including in a description, an image or price), we reserve the right to cancel your Order and refund any money paid to us.

We may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delay.

Whilst we have made every attempt to show textures, appearances and colours of our Products as accurately as possible, Product images may vary from the delivered Product depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional Products and accessories styled or shown in a Product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.

We reserve the right to limit the sale of Products to reasonable or normal household quantities.

10. Price and Payment

When you place an Order, we will charge you and you agree to pay the price and any applicable delivery fee.

All Prices are in Australian Dollars and are inclusive of GST. You may be required to pay any additional taxes that get levied on the Order.

If you are purchasing outside of Australia, please be aware that the price will be subject to currency fluctuations and fees and charges passed on by your credit card provider.

We reserve the right to change or alter Prices without notice to you.

Payment for all Orders must be by credit card (Visa and Mastercard) or debit card, Paypal, Afterpay and Laybuy. It is your responsibility to ensure that your payment method details are valid and up to date, and that sufficient funds are available at the time of payment processing.

Your Order may be dispatched by our suppliers and dispatch times may vary according to availability.

11. Order Cancellation and Returns

Unless provided for under these terms or as otherwise agreed by us, no cancellations (except as required by Australian Consumer Law) or changes to Orders will be accepted, and the Product will be delivered to the delivery address in the Order. You should carefully check that your Order is accurate before you submit it.

In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by us as a direct result of the cancellation (including, but not limited to, any loss of profits).

Any Product you purchase can only be returned in accordance with these terms and the Returns Policy. The Returns Policy forms a part of these terms.

12. Delivery and Shipping

Shipping and delivery will be handled in accordance with our Shipping Information page.
Delivery of the Products (Delivery) is taken to occur at the time that:

(a)                you, or your nominated carrier takes possession of the Product at our address; or

(b)                we (or our nominated carrier) deliver the Product to your nominated address, even if you are not present at the address.

You must take delivery by receipt or collection of the Product whenever they are tendered for delivery. In the event that you are unable to take delivery of the Product as arranged, then we will be entitled to charge a reasonable fee for redelivery and/or storage.

You must ensure that the correct address is provided as we will not be liable if you have entered the incorrect address. 

Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Product even if they are delivered on a different date or time. We will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Product are not delivered within a reasonable time after the estimated date, please contact us.

13. Promotions, Discounts and Clearance Items

Promotions, discounts, or final sale are subject to their own specific terms and conditions as provided by us from time to time.

Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, clearance final sale, package deals, and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.

Clearance items are items that include a discount of 50% or more. Clearance items are non-refundable for store credit or cash refund unless deemed faulty.

We reserve the right to:

(a)                terminate, modify or extend any promotional offer at any time, without notice; or

(b)                cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

14. User Generated Content

By uploading, publishing, transmitting or making available any data, content or other material to our Site or our social media including but not limited to, sharing posts using specific hashtags (#) in line with a campaign we might be running at that time, posting, publishing or uploading comments, reviews, images, photos, content or any other material (‘User Content’), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, reproduce, modify, adapt, distribute and display in any form, any such content without attribution.

You agree that you own the intellectual property rights in your User Content and it is accurate, complete, not false and not misleading.

You agree that we may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.

15. Liability and warranties

Our Products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Where warranties are fulfilled by the manufacturer or our suppliers, we will assist in negotiating the repair or replacement between you and the manufacturer/our supplier.

We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the Product you have purchased. Please refer to Product packaging and brochures to determine the warranty term and warranty conditions for your purchase.

We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these terms.

You agree that subject to the guarantees under the Australian Consumer Law, we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from an Order or in connection with these terms. Our maximum liability to you is the replacement of the Product(s).

Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

16. Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

  • in any way that violates any applicable federal, state, local or international law or regulation;
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the Site, the computer or database connected to the Site, or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
  • use any robot or other automatic device, manual process or other means to access the Site for any purpose, including monitoring or copying any of the material, or reverse engineer or decompile any part of the Site;
  • use any device, software or routine that interferes with the proper working of the Site; or
  • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

17. Privacy

You agree to allow us to send you emails regarding the Services, including any information regarding or relating to our Product and services, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices.

17.1 We are not responsible for viruses

We have appropriate security measures in place, including a SSL Certificate. However, we do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

17.2 We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.

17.3 Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.

18. General

Force majeure: If we are unable to perform in whole or in part, any obligation under these terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Product.

Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

Entire agreement: These terms (and all other terms and conditions and policies that are incorporated by these terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the New South Wales courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these terms.

19. Competition Terms and Conditions - Win a free order

1. Participation in the Competitions are subject to the following terms and conditions, which includes all the information that we have provided on how to enter and the prizes that are available. By submitting an entry into the competition, you are agreeing and are bound to our terms and conditions. Only entries that comply with our terms and conditions are eligible to win.

2. The promoter is RYG Synergy Enterprise Pty Ltd (Please refer to details at the top)

Competition Period

3. The competition will commence on 15th of November 2023 at 12pm and end on 27th of November 2023 at 11:59pm. The winners will be drawn and notified on 29th of November 2023. This is subject to change, in which case a new date will be announced. The number of winners will be determined by the total number of orders placed during the competiton period divided by 100 and rounded down to the nearest number. 

Who can enter the competition

4. You are eligible to enter the competition if you are:

(a) aged 18 years or over

(b) aged 16 years or over and have the consent from your parent or guardian to enter

(c) not an employee of Model Chic or an immediate family member of an employee

How to enter the competition

5. Eligible entrants who has placed an order the competition period will automatically be entered into the draw. 

6. Winners will be notified in writing by email, SMS, or direct message via our social media platform.

7. Competition winners will stay on one our social media platforms for a minimum of 24 hours.

Unclaimed Prizes

8. All prizes will be distributed after the close of the Competition.

9. The Promoter will make reasonable efforts to identify and contact the Prize winner.

10. If any Prizes remain unclaimed within three months after Prize Draw, an unclaimed prize draw will be held at U2, 5 Hudson Ave Castle Hill subject to the approval of any neccesary regulatory authoriy

11. Winners of the Unclaimed Prize Draw will be notified in the same manner set out in item 6.

12. The Promoter will not be held responsible for any failure to receive an entry or for inaccurate information provided by the Competition entrant.

Use of Eligible Entrants personal information

13. Personal information, including the Eligible Entrant's name, social media handle, telephone number, and email address will be collected and used for the purpose of conducting the Competition.

14. By entering the competition, Eligible Entrant's consent to the use of their personal information for the Purpose and that the Promoter may contact them for future marketing and material purposes. Eligible Entrants agree that the Promoter may use this information for that purpose.

Intellectual Property Rights

15. By enterting the Competition, Eligible Entrants give the Promoter consent to use the content of their entry in any way the Promoer wishes (including modifying, publishing, broadcasting the entry whether in original or modified form in whole or in part) in all media in perpetuity without payment to the Eligible Entrant of the royalties or compensation.

16. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights.

General Conditions

17. The Promoter's decision is final and binding. The Promoter accepts no responsibility for late entries.

18. Should an Eligible Entrant's contact information change during the Competition Period, it is the Eligible Entrant's responsibility to notify the Promoter.

 

 Sms mobile message marketing program terms and conditions

Model Chic is offering a mobile messaging program (the “program”), which you agree to use and participate in subject to these mobile messaging terms and conditions and privacy policy (the “agreement”). By opting in to or participating in any of our programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “dispute resolution” section below. This agreement is limited to the program and is not intended to modify other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.

User opt in: the program allows users to receive sms mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the program, you agree that this agreement applies to your participation in the program. By participating in the program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“atds” or “autodialer”). Message and data rates may apply.

User opt out: if you do not wish to continue participating in the program or no longer agree to this agreement, you agree to reply stop, end, cancel, unsubscribe, or quit to any mobile message from us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to notify and indemnify: if at any time you intend to stop using the mobile telephone number that has been used to subscribe to the program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our programs.

You agree that you shall indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the telephone consumer protection act, 47 u.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

Program description: without limiting the scope of the program, users that opt into the program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and frequency: message and data rates may apply. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

Support instructions: for support regarding the program, text “help” to the number you received messages from or email us at hello@modelchic.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.