TERMS & CONDITIONS
All contracts and dealings between Flare Street and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Flare Street’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Flare Street to the Customer through the website www.flarestreet.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Flare Street from time to time.
Flare Street has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
Access to the Website is permitted on a temporary basis, and Flare Street reserves the right to withdraw or amend the Services without notice. Flare Street will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Flare Street may restrict access to some parts or all of the Website without notice.
- All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Flare Street.
- The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
- The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Flare Street. Such consent may be withheld by Flare Street at its absolute discretion.
- The Customer must not remove any copyright or trade mark notices from the content found on the Website.
- Flare Street makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Flare Street with respect to the supply of the Goods in accordance with these Terms.
- All Orders are subject to availability of the Goods and confirmation of the Order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Flare Street will not be responsible.
- The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
- In order to contract with Flare Street the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Flare Street.
- Flare Street reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Customer undertakes that all details that are provided to Flare Street are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- Flare Street reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 24 hours, your order will be cancelled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be cancelled.
- Flare Street Pre-Orders terms are agreed to upon purchasing of the Pre-Order item. Time delays might vary with these items.
- The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
- Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- Flare Street reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- Flare Street will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
CANCELLATION, REFUND AND EXCHANGE POLICY
- Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Flare Street. The Customer will, however, be able to return Goods in accordance with Flare Street’s returns policy.
- Flare Street may accept returns within 14 days for Australian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in its original purchase condition with the tags still attached.
- Goods for return must be posted at the Customer’s expense to an address provided upon request.
- The customer must include their Tax Invoice & completed returns form within their return parcel.
- Any Goods which Flare Street has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Flare Street.
- Due to health reasons, make-up, tan, swimwear, intimates, accessories and jewellery cannot be returned unless faulty or wrongly described.
- Upon accepting the goods, Flare Street will issue the customer with a refund.
- Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note. For any queries on this please contact us at email@example.com
DAMAGED OR FAULTY GOODS
- All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
- If the Customer believes that a Good is faulty or damaged, the Customer must notify Flare Street within 14 days of purchase or within a reasonable timeframe thereafter by emailing the customer service team at firstname.lastname@example.org with a description and images of the fault. Flare Street will assess the item(s) for any fault(s) and provide the Customer with the appropriate outcome.
- Flare Street will meet the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
- Customers are liable for any delivery costs if the Good is found not to be faulty.
- Any period or date for delivery of Goods stated by Flare Street is intended as an estimate only and is not a contractual commitment. Flare Street will use its best endeavours to meet any estimate delivery dates but Flare Street will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
- Flare Street reserves the right to amend delivery methods without notice and will never ship to a change of address request from the customer.
- All deliveries of Goods purchased by the Customer will be made by registered courier (Australia Post or Sendle) and are delivered with authority to leave (‘ATL’) without signing where no one is in attendance at the delivery address.
- If the Customer believes their nominated delivery address will be unattended at the time of delivery, Flare Street suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Australia Post) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).
- Flare Street will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and Flare Street will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
- Flare Street will use reasonable endeavours to dispatch all Orders received after 8.00am on the next business day. Estimated delivery time is 2-5 business days following placement of an Order, depending on the Customer’s location.
- In the event the Customer does not receive their Order within 10 business days, the Customer should contact email@example.com to obtain their tracking number.
- Delivery of Orders placed on the weekend will not be processed until the following Monday.
- Flare Street offers free express delivery International on all Orders over AUD$250.00. For any under $250.00, a flat fee (inclusive of GST) will apply.
- Flare Street does not deliver orders to Post Office boxes.
- Once the Customer’s online purchase is complete the Customer will receive an Order confirmation.
- International deliveries will be made by Australia Post, Sendle, Couriers Please or DHL.
- Orders will be dispatched within 2-5 days from the date of the Order. Estimated delivery time for international orders is between 5-15 business days. Delays may occur due to unforeseen circumstances.
- In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact their local post office, customs office prior to contacting Flare Street. If tracking was not purchased by the customer at Checkout, a tracking number can not be provided.
- International delivery costs range based on location.
- For all International customers, we offer free shipping on all orders over the value of AUD$250.00. For all orders under $250.00 there will be a delivery fee.
- International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Flare Street has no control and will not be responsible for any duties or taxes.
- In accordance with Australian export regulations, customs require Flare Street to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
A Pre-Order is the term used when a Good is currently out of stock but will be re-made once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The date of delivery will be displayed under the description in each Good.
LIMITATION OF LIABILITY AND INDEMNITY
- The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Flare Street makes no warranties or other representations in relation to the supply of Goods. Flare Street’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Flare Street, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
- Flare Street does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
- Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Flare Street against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Flare Street retakes possession of the Goods in accordance with clause 9.
LINKING TO THIS WEBSITE
- The Website may provide links to websites and access to content from third parties, including users and affiliates of Flare Street.
- The Customer agrees that Flare Street is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
- To the fullest extent permitted by law in no way will Flare Street, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
- The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
- The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
- Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
If the performance of Flare Street’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Flare Street, Flare Street will not be liable for any loss or damage suffered by the Customer or any other person and Flare Street will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW AND JURISDICTION
These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
- The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
- The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.
Flare Street is committed to protecting the privacy of any information provided by its Customers and will take all reasonable precautions to protect personally identifiable information from loss, misuse or unauthorised access.
In dealing with a Customer’s personal information, Flare Street will fulfil all obligations under the Privacy Act 1988 and the National Privacy Principles.
In order to process a Customer’s Order, Flare Street requires information such as the Customer’s name, email or contact number, delivery address and payment details.
Flare Street will not sell the Customer’s personal information to any third party.
Flare Street will not disclose the Customer’s details to any third parties without the Customer’s consent except in the following circumstances:
- delivery purposes; and
- if necessary to comply with applicable laws, investigations, or legal proceedings where Flare Street’s is obliged to disclose the Customer information.
For transaction security for credit card payments, Flare Street uses the Australia and New Zealand Banking Group Limited. No human intervention is required to complete this credit card transaction and credit card details are discarded once processed at point of purchase.
Flare Street uses browser cookies to recognise the Customer on the Customer’s return visit and to measure website traffic. The Customer can disable this feature on their browser.
Flare Street does not currently require its Customers to register in order to access Flare Street’s website, but reserves the right to do so in the future. Should Flare Street implement a registration process, Flare Street will commit to comply with any privacy legislation applicable at the time in respect of the Customer’s user information.
ELECTRONIC COMMUNICATIONS AND YOUR CONDUCT
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Flare Street, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any Communication Facility;
- post or transmit any unlawful, threatening, abusive, bullying, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.