Please read the following Terms and Conditions carefully before placing your order. You agree to be bound by these Terms and Conditions by accessing this website, regardless of whether you create an account or make a purchase. If you do not agree with any part of these Terms and Conditions please leave this website immediately. These Terms and Conditions may be updated periodically and you agree to be bound by the updated Terms and Conditions.
Orders are placed in accordance with the procedure indicated on our website. Any order placed is not able to be cancelled or withdrawn unless approved at our discretion. We are not obliged to accept any order. When designing your shapewear, the images displayed on this website are a representation only, the actual shapewear that is custom made for you may differ to the represented images.
You warrant to us that all goods that you order are intended for personal domestic non-commercial use only.
It is imperative that you follow the process of taking measurements fully in accordance with our instructions. Getting the correct accurate measurements is vital for production of your garment. We bear no responsibility for garments which do not fit. We can only make your garment in line with your advised measurements but also allowing for reasonable + / – tolerances.
Garment and Fabric Selection
You have full responsibility to select:-
- your garment style
- the applicable fabric and
- fabric colour
in accordance with the procedures indicated in this website.
At times fabrics may run out of stock. In that case we will request that you re-specify. Any colourings or other features of a fabric as depicted are approximate only. We do not accept responsibility for any differences which may be perceived to occur between products as shown on our website as against those delivered.
Promotional, Discounts and Special Offers
From time to time we may promote discounts or special offers. If we do the specified terms and restrictions shall always apply. At our discretion we may also vary the terms of any such offers.
Promotional offers cannot be used in conjunction with gift certificates. Only one promotional offer can be used per order.
All discounts arising from promotional offers are applied to transaction amounts only after and existing account credit or gift certificate credit has been deducted from the total amount of your order.
We reserve the right to verify the validity of any promotional offer redeemed by you at any time. If we have reason to believe that there has been unauthorised use of a promotional offer then we can revoke this offer and cancel your order at our discretion.
We always aim to deliver garments which meet the fair and reasonable satisfaction of our customers.
If on occasion you may have product quality concerns we would ask that you contact us via email within 7 days of receipt of goods.
Garments will be delivered in line with our specified Shipping & Delivery Policy.
We have specific requirements for refunds which are outlined in ore Returns Policy.
Things may from time to time occur which will impact on our ability to supply your garment. To the extent those things are outside our reasonable control then we will not be liable, so long as we make reasonable efforts to overcome the problem or difficulty.
Our obligations for the supply of any particular garment will be complete once we have placed the relevant goods in the hands of our nominated carrier – risk passes to you at that time.
Intellectual Property Rights
All intellectual property rights belong to us (or our licensors) and all rights therein are reserved in full. You must not at any time do or cause to be done anything contesting or in any way impairing or tending to impair, or which may result in the diminution in value, of any of those intellectual property rights.
We shall not be liable for any consequential loss or other damage howsoever arising which may be suffered by you associated with any breach by us of our obligations in respect of the supply of garments, or arising under any statutory or other implied warranties or conditions, or on account of any negligence by us, and in any such case our liability shall be limited to taking steps to provide you with a replacement or similar product; or at our election refund you an amount equal to the price you have paid for the relevant garment, on the basis that you will then seek to source an alternate supplier of a similar garment.
You covenant and agree to indemnify and hold us indemnified from and against any and all losses, claims, damages, expenses, costs, suits, actions, legal fees, demands or liabilities, made against or incurred by us in any way directly or indirectly in connection with any information supplied from time to time by you or on your behalf, or you accessing the website, other than to the extent occasioned by fraud or serious misconduct on our part, or arising in connection with any breach of your obligations to us howsoever arising.
We may specify directions and requirements in relation to use and access of our website, which you must respect and follow.
We do not warrant that any material or information contained in or accessible through the website will be accurate or free from any errors, omissions or viruses. nor can we guarantee continuous, uninterrupted operation of the website.
You acknowledge that we will not have any responsibility for any advice, opinion, statement, representation or other information displayed on or accessible through the website, nor as to the website’s operation, including if defects arise.
Outbound links from this website are provided for your convenience. We have not reviewed these websites and therefore cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
We may assign you a password and account login to enable you to access and use certain parts of our website. Each time you login using your account and password you will be deemed to be authorised to access and use the website in a manner consistent with our terms and conditions. We have no obligation to investigate the authorisation or source of any such access or use of the website. You are solely responsible for all access to and use of the website by anyone using your account and password login details, whether or not such access to and use of the website is actually authorised by you. It is your responsibility to notify us of any unauthorised use of your password and account login or any other security breach or threat to this website.
Mailing Lists and Members
As a condition of joining our mailing list, you consent to us sending you promotional emails. In this document promotional email’s includes product information, new offers and information about Vera Donna Shapewear. You may choose to pot-out of receiving these emails anytime by simply clicking the unsubscribe button at the bottom of our emails.
You acknowledge that there have been no warranties or representations, of any nature, other than as to the type and visual appearance of any garment you may order, and other relevant matters contained on the website.
You must follow any directions which we may from time to time supply to you in connection with us fulfilling orders for the supply of garments.
No failure or delay on our part to exercise any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by us of any power or right hereunder preclude any other or further exercise thereof or the exercise of any other power or right.
You will be liable for any GST or similar levies, taxes or duties in respect of any taxable supplies or similar made by us, which will be payable at the same time as any price is payable.
You must indemnify us in full for any legal costs or expenses incurred by us, on a full indemnity basis, in relation to any legal proceedings either instituted by us in respect of any breach by you, or brought against us in respect of any matter which is otherwise subject to an indemnity by you under these terms.
No conditions or warranties will be implied in addition to these terms. Any statutory conditions or warranties which are capable of being read down or excluded are so read down and excluded to the maximum extent permitted by law. This will not affect any statutory provisions which are not permitted to be excluded.
You agree that these terms will not be read down or interpreted against us by virtue of the fact that we drafted them.
These terms shall be governed by and construed in accordance with the law for the time being in force in the state of Victoria, Australia. The parties hereby submit to the exclusive jurisdiction of the courts of that state and agree that they will not at any time raise or dispute the issue of forum convened regarding this jurisdiction.
Interpretation and Definitions
In these terms, unless the context otherwise the following definitions apply:-
“garments” means one or more garments which are the subject of an order placed by you for supply by us, in accordance with the on-line ordering procedure of our website;
“intellectual property rights” means all intellectual property rights including any registered patents or patent rights, registered designs or design rights, copyright, registered trademarks or trademark rights, trade secrets or other rights, relating to any garments to be supplied, or any material or information appearing on the website;
“order” means an order placed by you for the supply of one or more garments;
“terms” means these Terms of Sale and includes any other provisions set out on our website which apply by reference;
“we” and “us” means TLC Management Services Pty Ltd ACN 081 227 545 or any subsequent assignee as applicable, and “our” means in respect of we or us;
“website” means the website maintained by us at www.veradonnashapewear.com or as otherwise advised by us to you from time to time; and
“you” means the relevant person or entity who has contracted by placing an order with us, for the supply of one or more garments and “your” has the corresponding reference to you.
In these terms:-
(i) words importing the singular shall include the plural and vice versa and words importing one gender shall include the other genders;
(ii) references to specific statutes herein shall include any statutory amendments re-enactments or consolidations thereof and any successive legislation regulating the same or similar matters;
(iii) a reference to a person shall include a corporate body and vice versa;
(iv) a reference to a clause, schedule or annexure is to a clause, schedule or annexure of or to these terms, and a reference to an item is a reference to an item of a schedule of or to these terms;
(v) a reference to you or us includes that party’s executors, administrators, substitutes, successors and permitted assigns;
(vi) a reference to “dollars” or “$” is to an amount in Australian currency; and
(vii) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.