Terms & Conditions

General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.

Privacy Policy

These Terms of Service incorporate our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. By using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content, including the Witchery brands and all other trade marks, trade names and logos made available to you on or through this website remain the property of Witchery Fashions Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (“Witchery”) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Witchery and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery or Returns & Exchange pages for further information.

In order to contract with Witchery you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Witchery retains the right to refuse any request made by you.

1. Our Contract

   When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, changes to colour or size, or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

2. Pricing & Availability

   Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

   Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

   The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

3. Payment

   Our website accepts payments using Visa, MasterCard, Amex, PayPal and AfterPay. We will place a pre-authorisation charge of $1 on your credit card for the first time it is entered on our website. Once your credit card has been validated, upon clicking “PLACE ORDER” we will debit your credit card immediately for the full order amount. Pre-authorisation charges will clear within 3 - 5 working days after placing your order (depending on your bank's practices). For stored payments in your Witchery account, no pre-authorisation charges will occur unless your stored payment is no longer valid.

4. Discount/Promo Codes

   We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.

5. Gift Cards

   Gift Cards may be physical Gift Cards, or E-Gift Cards that are sent in an email. Gift Cards are issued in specific currencies, so that cards issued in New Zealand dollars are redeemable in New Zealand stores and on the New Zealand website, whilst cards issued in Australian dollars are redeemable in Australian stores and on the Australian website. They are not redeemable for cash or travellers cheques. No change will be given for a purchase made with a Gift Card. The Gift Card expires three years from the date of issue (or date of purchase for E-Gift Cards). Gift Cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the card holder will be required to make up the difference with an alternate form of payment. Gift Cards should be treated like cash. Gift cards cannot be redeemed on Witchery merchandise in David Jones or Myer stores or on any online marketplaces including David Jones, The Iconic or Myer. Witchery disclaims all responsibility for lost or stolen cards. Gift Cards may not be purchased with Witchery Rewards, and their purchase will not earn (or count towards earning) Rewards.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Witchery and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Witchery's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

Linking to This Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Links From This Website

If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of any third party websites we make link to from this Website.

Indemnity

You agree to indemnify, defend and hold harmless Witchery, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

Variation

Witchery shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by calling us on 1800 033 465

Waiver

If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Witchery.

Governing Law and Jurisdiction

These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

Severability

Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Witchery.

1. Unwashed, unworn or unused items in their original condition may be returned upon presentation of a receipt within 14 days of purchase for an exchange, credit note or refund for the receipted price.
2. Faulty or incorrectly described merchandise may be returned for an exchange, credit note or refund upon presentation of your receipt within a reasonable time frame.
3. For hygiene reasons, there are no returns or exchanges on the purchase of cosmetics, earrings or underwear unless exhibiting a genuine fault or incorrectly described.
4. Bathers must be tried on wearing full briefs and returns will only be accepted in instances where the bathers are in original condition, unworn and the hygiene stickers and all tags are intact. All bathers will be assessed prior to any returns being processed.
5. Witchery offer lay-by terms requiring a non-refundable 25% deposit and full payment within 4 weeks of entering into the lay-by agreement with the exclusion of sale items. Sale items cannot be placed on lay-by. Note: Witchery Outlet stores do not offer layby.
6. Gift Vouchers are valid for 3 years from date of issue and cannot be redeemed at department stores. Gift Vouchers must be treated as cash and cannot be replaced if lost. Gift Vouchers may only be used in the country of issue within a Witchery store.
7. Exchanges and Returns of items purchased at a Witchery store must be returned to a Witchery store (not department store). Exchanges and returns of items purchased at a Witchery outlet store must be returned to a Witchery outlet store.
8. At Witchery Outlet Stores seconds and samples product, which may be slightly faulty, must be chosen carefully as these items cannot be returned or exchanged due to the fault that was present at the time of purchase. If a seconds or sample product exhibits a fault not related to the fault known at the time of purchase, an exchange, refund may be offered as per point 2.
9. As a member of the loyalty program, Country Road Group collects your Personal Information. We may also collect your Personal Information to customise our services and plan product development together with notifying you of products and special offers that may interest you. Your Personal Information may be disclosed within our corporate group or to external providers based in Australia or overseas as per the Country Road Group’s Privacy Policy. To view our Privacy Policy please click here.

Direct to Your Door purchases are only available, in Australian & New Zealand stand alone stores. Excludes Witchery South Africa and Witchery concession stores. Shipping charges are applied to all Direct To Your Door purchases, unless:

• the purchase consists of at least 1x full-price item without a promotional discount;
• purchased by a Silver or Gold Status Member; OR
• the total purchase is above $200.

Your Direct to Your Door transactions may affect the way your Rewards are issued. Direct to Your Door orders are treated as a unique order, separate from any items you may have purchased in-store. As you are only eligible for one Reward per day, the Direct to Your Door transaction may not trigger the issue of any Rewards. Please contact our customer service team here to have your rewards issued correctly.

Service is available at selected stores and stock is subject to availability. In the event your order is unable to be filled, you will be contacted by Witchery. Click and collect purchases are subject to all standard Witchery terms and conditions.

On occasion, we offer pre-order items. This allows customers to secure an online purchase while stock is on its way.

Please read the product description carefully to ensure you’re happy to wait for the expected arrival date. Here you will also find the estimated arrival date of the pre-order. This date is an expected delivery date only, and may vary due to elements out of Witchery’s control. Witchery will ship pre-order items as a priority once stock has arrived to our warehouse.

You will be charged at time of placing a pre-order. Pre-orders cannot be exchanged before delivery. If you would like to cancel your order, please call us on 1800 033 465.

Same day delivery and Click & Collect are not available on pre-order items.

If your order includes both a pre-order item and other items, this order will be split and delivered separately under different tracking numbers. No additional shipping charges will be applied to split orders.

You will receive an order confirmation email once the order is placed, and a follow up confirmation email when your items are shipped.

Customers are responsible for keeping their shipping & contact information up-to-date to ensure shipment of pre-orders are delivered to the correct address. Please call us on 1800 033 465 to update your details.

For further information regarding your already purchased pre-order, please log into your Account, and go to 'My Orders' to view live status updates.

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Witchery (the “CRR Service”).

By submitting any content to Witchery, you guarantee that:

• You are the sole author and owner of the intellectual property rights in the content;
• All "moral rights" that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old;
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

• That is known by you to be false, inaccurate or misleading;
• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• For which you were compensated or granted any consideration by any unapproved third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Witchery (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Witchery a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Witchery’s sole discretion. Witchery reserves the right to change, condense, withhold publication, remove or delete any content on Witchery's website that Witchery deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Witchery does not guarantee that you will have any recourse through Witchery to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Witchery reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Witchery, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Witchery, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Ineligible Entrants

• Directors, management, officers, employees and contractors of the Promoter and Promoter’s related bodies corporate and associated agencies, retailers, suppliers and companies, and their immediate families.
• For the purposes of this clause, "immediate families" includes his or her spouse, ex-spouse, de facto spouse, child, stepchild, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household as the director, manager, officer, employee or contractor.

gift flick® is a free service on all Witchery online purchases, for a limited time.

gift flick® is only available:

• On Witchery products or eGift cards purchased online at www.witchery.com.au.
• After checking out on the website, via the Order Confirmation page or in the ‘My Orders’ tab, and before dispatch.
• On multiple gifts and recipients, providing each gift is a separate transaction.
• On up to six gifts for one recipient, providing the purchase is made within one transaction.

gift flick® cannot be redeemed against a prior purchase or an existing or new lay-by. gift flick® is subject to our General Terms and Conditions and Privacy Policies which are available online at www.witchery.com.au