This is the LEGAL page. This website is owned and operated by MARION ANN HERA GORR. Trades as BEAUTIFUL SILKS. Its address is 29 Brown St, Allansford 3277 Victoria.
DESPATCH & DELIVERY
All orders placed will ship on the Monday (if placed on a Friday or weekend) or Thursday (if placed on other days) next after the order is placed, unless by prior arrangement. Phone contact is required if products are needed earlier than this timeframe.
For express post, you will be required to contact us by email to ensure same day shipping and this is done at extra cost.
Small items within Australia are shipped with a tracking number via Australia Post and will be shipped accordingly with the Australia Post terms and conditions. Tracking numbers for all orders are available on request. Items too large to be sent by post will be sent by Interparcel (domestically) or UPS (overseas) at extra cost. It may be possible for some overseas orders to be sent to our distributors (UK, Canada, USA East coast, New Zealand) for disaggregation and despatch locally – this may reduce costs.
Metro Melbourne – 2 days
Other east coast Metros – 5 days
Elsewhere in Australia – 10 days.
Overseas depends on the Australia post advertised speed of the service you have chosen.
Terms and conditions
Our products are supplied according to and only according to the following terms and conditions.
1. General Terms
A. Beautiful Silks will supply the client with textiles and made-to-order manufactured items of clothing (“the Products “) and the client will pay for those products, in accordance with the terms and conditions set out in this agreement.
B. Each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or persons of all confidential information which is received under this agreement and to use such data only for the above stated purpose.
C. Where the products are designed by or in conjunction with Beautiful Silks for resale by the client, the Client acknowledges that Beautiful Silks makes no warrant that the Products will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose.
D. To the fullest extent permissible by law, the liability of Beautiful Silks to the Client for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of Beautiful Silks or otherwise, arising from any failure of Beautiful Silks to provide the Products , or any defect in the Products which are provided, shall be limited to the cost of supplying the product again.
E. The Client agrees to indemnify Beautiful Silks for any third party claim for damages arising out of or in any way connected with the supply of products by Beautiful Silks to the Client, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of Beautiful Silks or otherwise.
F. The Client expressly agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys fees and disbursements and court costs) arising from or in connection with the Client’s information, the Client’s use of Beautiful Silks’ services.
A. In this chapter 2, “Confidential information” means all information (or any part thereof) whether written or oral:
(a) Passing from client to Beautiful Silks relating to client or in respect of the trading history of the client including, without limiting the generality of the foregoing, financial statements, trading history, business performance, trade secrets, drawings, know-how, techniques, methods of operation, business and marketing information and plans, future projections, financial statements, management reports, arrangements and agreements with third parties, customer information and customer information proprietary to customers of the client, formulae, concepts not reduced to material form, designs, plans, models, and intellectual property generally;
(b) Disclosed to Beautiful Silks by any third party at the request or direction of the client including, without limiting the generality of the foregoing, legal advisors and accountants; or
(c) gleaned by Beautiful Silks in relation to either of the foregoing from any source during the currency of this agreement; or
(d) Specifically designated as confidential by client .
B. Beautiful Silks acknowledges that the client will suffer loss or damage as a result of disclosure of the confidential information or any part thereof to any person in breach of the obligations of the confidant under this agreement.
C. The Client agrees that the Client’s personal data may be used and retained by Beautiful Silks for the following purposes: i. Provision of good & services ii. Marketing of good & services iii. Processing any payment instructions.
D. Notwithstanding that this Agreement shall have terminated or expired, each party agrees to keep in confidence and prevent the unauthorised use or disclosure to any unauthorised person or persons of all Confidential Information which is received under this Agreement and to use such data only for the above stated purpose.
E. Neither party shall be liable for use or disclosure of any such Confidential Information if the same: i. Is in the public domain at the time it is disclosed; or ii. Is known to the receiving party at the time of disclosure; Is
used or disclosed with the prior, written approval of the disclosing party; or iv. Is used or disclosed after five (5) years from the date it was first disclosed by the disclosing party to the other party pursuant to this Agreement; or v. Is independently developed by the receiving party; or vi. Becomes known to the receiving party from a source other than the disclosing party without a breach of this Agreement by the receiving party.
F. In maintaining the confidentiality of confidential Information received hereunder, each party shall exercise the same degree of care that the receiving party takes to safeguard its own proprietary information.
G. Beautiful Silks specifically covenants with client that it shall not disclose any part of the client’s confidential information or suffer or permit it to be disclosed to any person or corporation whatsoever where such disclosure may harm or detrimentally affect client or its relationship with any client, employee, supplier, agent, customer, or competitor of the client.
H. Upon termination of the relationship of the parties for any reason, but subject to the terms of any further agreement between the parties, Beautiful Silks shall return all copies of the confidential information howsoever embodied or recorded and shall also, if required by client ensure that any documents, memoranda, notes and other writings whatsoever prepared by it (or by any person whose involvement is contemplated by this agreement) incorporating or based on the confidential information which is not so returned shall be destroyed forthwith at the same time, to the extent that it is possible to do so.
J. These Terms and Conditions shall be governed by, performed under, and construed in accordance with the laws of Victoria.
K. The Client may not offer any form of employment to Beautiful Silks’ staff during the term of this Agreement, or within five (5) years of the termination thereof, and this term shall survive the termination of this agreement.
3. DISPUTE RESOLUTION
A. If a dispute arises out of, or in any way in connection with, or otherwise relates to this Agreement, or the breach, termination, validity or subject matter thereof, or as to any related claim at law, in equity or pursuant to any statute, other than a claim for moneys owing by the client to the company, then the parties agree to refer their dispute to Arbitration administered by the Australian Commercial Disputes Centre (ACDC).
B. The Arbitration shall be conducted in VICTORIA in accordance with the ACDC Rules for Arbitration which are in effect at the time the dispute is referred to ACDC and which terms are hereby deemed incorporated into this Agreement.
C. This paragraph shall survive termination of this Agreement.
4. FORCE MAJEURE
Neither party shall be in breach of this Agreement if there is any total or partial failure of performance by it or its duties and obligations under this Agreement occasioned by any event of force majeure such as pandemic, closure or suspension of service because of government directive, flood, fire, earthquake, incremental weather, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature and any other cause or reason beyond the control of either party. If either party is unable to perform its duties and obligations under this Agreement as a direct result of the effect of force majeure, that party shall give written notice to the other of its inability setting out full details of the event of force majeure in question. The operation of this Agreement shall be suspended during the period (and only during the period) in which the event of force majeure continues. Forthwith upon such event ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the event of force majeure continues for a period of more than 90 (ninety) days and substantially affects the intention of this Agreement, the party not claiming relief under this Clause 4 shall have the right to terminate this Agreement upon giving 30 (thirty) days’ written notice of such termination to the other party.
No Party shall make or permit any person connected with it to make any announcement concerning this Agreement or its subject matter or to make use of any logo, trademark, service mark or business or trading name of any other Party except as expressly required or permitted by its terms or as required by law or any competent regulatory body without the written approval of the other Party/Parties such approval not to be unreasonably withheld or delayed.
A. This Agreement will not be assignable by either Party without the other Parties’ prior written consent which consent will not be unreasonably withheld, except that a party may assign the Agreement to its affiliate or successor in connection with the merger, consolidation or sale of all or substantially all of its assets or that portion of its business pertaining to the subject matter of this Agreement, with prompt written notice to other parties.
B. A party shall not be bound by any variation or amendment of or addition to this Agreement except where those parties have agreed expressly in writing to be so bound.
C. This Agreement shall not constitute a partnership between the parties.
D. Any notice or communication under or in connection with this Agreement shall be in writing and shall be emailed, or delivered by hand, or by post to the party’s address for service
E. No change in the address for service howsoever brought about shall be effective or binding on either party hereto unless that party has given to the other actual notice of the change in the address for service and nothing done in reliance of this Clause shall be effected or prejudiced by any subsequent change in the address for service over which the other party has no actual knowledge of at the time the act or thing was done or carried out.
F. No failure by a party to exercise and no delay in exercising any right power or privilege under this Agreement shall operate as a waiver nor shall any single or partial exercise of any right power or privilege preclude any further exercise of it or the exercise of any other right power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
G. If any terms of this Agreement or its application is judicially or otherwise held invalid or unenforceable or if the parties mutually agree in writing to any variation or revision of this Agreement the remainder of this Agreement and its application shall not be affected and this Agreement shall remain in full force and effect.
H. This Agreement and the attachments hereto embody the entire understanding of the parties to this Agreement and will supersede all previous or contemporaneous communications, either verbal or written, between or among the parties relating to this Agreement.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.
You are entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
We do not have to refund for a non-protected purpose, and do not offer a change of mind procedure, even if you thought something would be a different colour, size, weight etc.
- In this policy we explain how and why we collect your personal information, how we use it and disclose it, and what controls you have over our use of it. We appreciate that you may have certain concerns about how your personal information is collected, used and shared. We can assure you that we will always handle your personal information securely and carefully. Among other things, we comply with all applicable Australian privacy laws including the Australian Privacy Principles.
Collection of Information
- Some information provided to us by customers, contractors and other third parties might be considered to be personal information. We will only collect such personal information if it is necessary for one of our functions or activities. The kinds of personal information that we collect are set out below.
Information that you provide to us
- We collect personal information that you provide directly to us, such as when you make a purchase. This may include:
- your name;
- your contact details including your email address, delivery address, phone number and social media handles;
- more detailed contact preferences;
- information regarding your experiences with our products and services;
- employment and company information such as the name of your employer; and
- financial information including credit card and payment details.
- Financial information that is collected via the website is used by us to bill you for products and services. Any financial information that is collected is for the purpose of transaction approval and funds transfer. The financial information we collect from you is kept securely and held on secure servers in controlled facilities.
- We collect your transaction details when you place an order, including the products you have ordered, the date and time of your order and the amount charged. In particular, we will collect your personal information from you in the following situations:
- If you contact us, we may keep a record of that correspondence;
- When you apply for and/or establish and/or access an account or order a product;
- When you conduct certain types of transactions such as cheque purchases or refunds;
- When you submit your e-mail address via a Website or Application or provide us with personal information via any medium, including a Website or Application;
- When you place an order via a Website or Application to purchase goods, in which case we may require you to provide us with contact information including your name, address, telephone number or email address and financial information (such as credit card details);
- When you interact with a Website or Application for a specific purpose.
- We collect such personal information so that we can provide you with a great service. We also need this information to deliver products and services to you, to complete transactions on your behalf and to better understand your requirements and preferences. Personal information collected will be used for the following primary purposes:
- For the purposes stated on a particular Collection Channel;
- To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website;
- For testing purposes;
- To send you any technical, administrative or legal notices important to our Websites or Applications;
- To provide you with information about your transactions (including uploading of, access to, and receipt of, content on a Website or Application and purchase transactions undertaken on a Website or Application) and about content, services and products;
- To provide marketing materials;
- To maintain our relationship with you;
- To respond to enquiries;
- Failure to provide personal information may result in us being unable to provide you with the products or services requested by you, provide you with certain content, information, upcoming promotion, event or product information and/or accept promotion entries (where applicable).
- In order to operate a Website or Application or deliver a product or service (including for example, processing of credit card payments), personal information may also be shared with trusted third parties. In particular, third parties process our credit card payments, assisting with promotions and providing technical services for our Websites. However, these companies may only use such personal information for the purpose of performing that function and may not use it for any other purpose.
- We may use or disclose personal information held about an individual for the primary purpose for which it is collected – that is, to carry on our business and provide services to our customers. We may also use such information for a purpose related to the primary purpose of collection and where you would reasonably expect that we would use the information in such a way (e.g. freight forwarding contractors). This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified to you at the time of collection of the information, or with your permission.
- In addition we are permitted to use or disclose personal information held about you:
- Where you have consented to the use or disclosure;
- Where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
- Where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
- Where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
- Where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body; and
- Where you have requested a service (e.g. furniture installation, assembly or product rental) and we are required to disclose the information to the third party in order to facilitate the provision of the service.
- Personal information will not be collected from any person who is known by us to be under the age of eighteen (18) without the consent of a parent or legal guardian. Persons under age eighteen (18) may only provide personal information with the involvement and consent of a parent or legal guardian.We will take all reasonable steps to store your personal information securely. After all, it is in our interests to make sure you feel confident shopping with us.
- Only authorised team members have access to our customers’ personal information. Their access is subject to strict controls and procedures.
- Our e-commerce sites use a security measure called Secure Sockets Layer (SSL) technology. SSL locks all your critical information in an encrypted envelope, making it extremely difficult for this information to be intercepted. Our SSL technology is the industry standard in Internet security.
- No data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect users’ personal information, Officeworks cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Officeworks receives your transmission, it makes every reasonable effort to ensure its security on our systems.
- Personal information is de-identified or destroyed securely when no longer required by us.
- We retain the information you provide to us including your contact and credit card details to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.
- We are committed to and takes reasonable steps to maintain accurate, timely, relevant, complete and appropriate information about our customers and website users.
- You may request access to personal information about you held by us. Requests for access to your personal information should be made to:
Beautiful Silks, 29 Brown StAllansford 3277
Verification of identity is required with a request to access (or update) personal information so that we can ensure your personal information is disclosed only to you.
- Inaccurate information will be corrected upon receiving advice from you.
- If we refuse to provide you with access to or correct the personal information held about you by us, then we will provide reasons for such refusal.
- We will respond to any requests for access or correction within a reasonable time of receipt of the request.