TERMS & CONDITIONS

BEFORE YOU USE OR ACCESS OUR WEB SITE, PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY.  IF YOU DO NOT ACCEPT ALL OF THE TERMS & CONDITIONS, PLEASE DO NOT USE OR ACCESS OUR WEB SITE.

INTRODUCTION

Welcome to Foxy Princess Clothing, your secure and reliable online clothing store.

The web site identified by the uniform resource locator www.foxyprincess.com.au (the "Site") is provided by Satan Holdings Pty Ltd ATF The Foxy Princess Clothing Trust ("Foxy Princess Clothing") as a service to our customers. These Terms & Conditions describe the terms of use applicable to your access and use of the Site. This document is a legally binding agreement (the "Agreement") between you as the user(s) of the Site (referred to as "you", "your" or "User" hereinafter) and Foxy Princess Clothing (referred to as "we", "us" or "our").

Please review the following basic rules that govern your use and access of the Site (the "Agreement"). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement. If you do not accept all of the terms of this Agreement, please do not use or access the Site.

1.  APPLICATION OF TERMS OF USE

1.1  Your use and access of the Site and its services, software and products (collectively, the "Services") are governed by all terms and conditions related to this Agreement as well as the Privacy Policy, the Intellectual Property Rights Policy, and any other rules and policies of the Site that Foxy Princess Clothing may publish from time to time. This Agreement and such other rules and policies of the Site are collectively referred to herein as the "Terms & Conditions". Meanwhile, with regard to your purchases and transactions on the Site, the Payment Options, Postage & Delivery, Privacy Policy, Returns Policy and related terms and conditions between you as a buyer and Foxy Princess Clothing will be binding upon you. Therefore, we recommend that you read this Agreement and all relevant additional terms, conditions and information, including, but not limited to, the Payment Options, Postage & DeliveryReturns Policy and the Privacy Policy, carefully.

1.2  Please be advised that your use and/or access to the Site are also subject to any terms and conditions applicable to certain specific Customer Membership Services (defined below).  In the event of any conflict or inconsistency between the aforesaid terms, conditions and information and the terms and conditions applicable to that specific Customer Membership Services, the terms and conditions applicable to the specific Customer Membership Services shall prevail.

1.3  Customer Membership Services means a certain feature or function that Foxy Princess Clothing reserves for only certain Users who undergo a specific registration or verification process. The contents of such Customer Membership Services shall be determined by Foxy Princess Clothing independently and reported to the applicable Users from time to time and at any time through a notice posted on the Site, email or other means.

1.4  You acknowledge and agree that Foxy Princess Clothing may amend any Terms & Conditions at any time by posting the relevant amended and restated Terms & Conditions on the Site. By continuing to use the Services or the Site, you agree that the amended Terms & Conditions apply to you.

1.5  If Foxy Princess Clothing has posted or provided a translation of the English language version of the Terms & Conditions, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.

1.6  The Terms & Conditions may not otherwise be modified except in writing by an authorized officer of Foxy Princess Clothing.

 

2.  THE USE OF THE SITE

2.1  By accepting these Terms & Conditions through your use or access of the Site, you represent that you are (a) a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the Services, and (b) permitted to receive any Services under the laws of the jurisdiction in which you are a resident and from which you use the Services. If you do not agree to (or cannot comply with) this Section 2.1, do not use this Site.

2.2  All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms & Conditions.

2.3  All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Foxy Princess Clothing or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Foxy Princess Clothing, is strictly prohibited.

2.4  While accessing the Site, or using its services, you should not:

     a)  Post or transmit false, inaccurate, misleading, defamatory, or libellous content (including but not limited to during the registration process);

     b)  Violate any laws, regulations, third party rights or our policies, such as third party’s intellectual property rights;

     c)  Fail to deliver payment for the products and items purchased by you;

     d)  Manipulate the billing process of Foxy Princess Clothing, or fail to deliver the payment or fee owed to Foxy Princess Clothing;

     e)  Undermine the feedback system;

     f)  Transfer your Foxy Princess Clothing Account (including your User ID and Password) to another party without prior written consent from Foxy Princess Clothing;

     g)  Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;

     h)  Distribute viruses or any other technologies that may harm Foxy Princess Clothing and the Site, or the interests or property of other users;

     i)  Collect information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, in order to reap profits; or

     j)  Otherwise incur any liability to the Site or Foxy Princess Clothing.

2.5  In our sole discretion, Foxy Princess Clothing reserves the right to remove from the Site any material or listing which we reasonably believe is unlawful, violates the Agreement, could result in any liability to Foxy Princess Clothing, or is otherwise inappropriate.

2.6  Foxy Princess Clothing reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching this Agreement, and incurring any liability to Foxy Princess Clothing. Each User hereby also agrees that in no event shall Foxy Princess Clothing be liable to any User or any third party for any User’s inability to use or access the Site and/or Services.

2.7  Foxy Princess Clothing may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any feature within the Services) without prior notice.

2.8  Some Services may be provided by Foxy Princess Clothing’s affiliates on behalf of Foxy Princess Clothing.

2.9  Each User hereby agrees that in no event shall Foxy Princess Clothing be liable to any User or any third party for any User’s incorrect use of products purchased on the Site.

 

3.  PURCHASING ON THE SITE

3.1  You must be registered on the Site (a "Registered User") in order to make purchases on the Site and/or access some Services. Your status as a Registered User and the purchase process are governed by the Terms & Conditions and any terms and conditions related thereto. Foxy Princess Clothing may reject a User’s application for registration for any reason. Upon registration on the Site, Foxy Princess Clothing shall assign an account (the "Foxy Princess Clothing Account") and issue a User identification ("User ID") and password (the "Password") to each Registered User.

3.2  Each User will be required to provide information or material about their name, email address and contact details as part of the registration process on the Site or your use of any Service or the Foxy Princess Clothing account. Each User represents, warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

3.3  A set of User ID and Password is unique to a single account. Each Registered User shall be solely responsible for maintaining the confidentiality and security of your User ID and Password and for all activities that occur under your Foxy Princess Clothing Account. No Registered User may share, assign, or permit the use of your Foxy Princess Clothing Account, User ID or Password by another person. Registered User agrees to notify Foxy Princess Clothing immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your Foxy Princess Clothing Account.

3.4  User agrees that all activities that occur under your Foxy Princess Clothing Account (including, without limitation, posting any personal information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services or receiving e-mails) will be deemed to have been authorized by you.

3.5  User acknowledges that sharing your account with other persons, or allowing multiple users to use your account (collectively, "multiple use"), may cause irreparable harm to Foxy Princess Clothing or other Users of the Site. User shall indemnify Foxy Princess Clothing, our affiliates, directors, employees, agents and representatives against any loss or damage (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in the case of the multiple use of your account or User’s failure to maintain the security of your account, Foxy Princess Clothing shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Foxy Princess Clothing Account without liability to User.

3.6  Any order placed by you in the manner described in the Site is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in the Site at the time you place your order on these Terms & Conditions.  Foxy Princess Clothing reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.  Your contract with us only comes into existence when it forwards confirmation of receipt of your order and payment.  Foxy Princess Clothing reserve the right to not accept your order if we are unable to obtain authorisation for your payment, if information provided by you is false or misleading or items ordered are out of stock.  We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

3.7  Prices of products and services and delivery and other charges displayed on the Site are displayed in Australian Dollar (AUD) and are current at the time of issue, but may change at any time and are subject to availability.  Each User understands and accepts that the price listed for the product on the Site and/or the price paid may change without notice to the User.

3.8  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.  By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.  Foxy Princess Clothing does not sell products to persons under the age of 18.  If you are under the age of 18 you may use this website only with the approval and involvement of a parent or guardian.

3.9  As Foxy Princess Clothing is not registered for GST, prices displayed on this website are exclusive of GST.  However, if, in the future, Foxy Princess Clothing is required to be registered for GST, then the prices displayed on this website will be inclusive of GST applied at the rate of 10%.

3.10  Foxy Princess Clothing will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.  You should consider whether to obtain any suitable insurance.

3.11  You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that Foxy Princess Clothing shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.

3.12  Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Foxy Princess Clothing shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.

3.13  When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, Foxy Princess Clothing may disclose the User’s identity and contact information. User agrees not to bring any action or claim against Foxy Princess Clothing for such disclosure.

3.14  The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using such sites. You acknowledge that Foxy Princess Clothing has no control over such third parties’ web sites, does not monitor such web sites, and Foxy Princess Clothing shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

3.15  User hereby acknowledges that, although Foxy Princess Clothing tries its best to provide Users with accurate information and listings posted, there are still risks associated with purchasing online.  To the extent permitted by law, Foxy Princess Clothing does not warrant that the product or service descriptions, pictures, colours, information or other content available on the Site is accurate, complete, reliable, current or error-free.  All descriptions, illustrations and indications or price of products and services provided on the Site or otherwise communicated to you are for guidance only and intended merely to present a general idea of the products and services.  Therefore, we encourage you, the Users of the Site, to use relevant tools available, reasonable judgement and common sense when making a deal online.

3.16  The circumstance in which we are obliged to make a refund, exchange or return is detailed in our Returns Policy.

3.17  Guidelines regarding postage and delivery of purchases are outlined in Postage & Delivery.

3.18  Payment Options and guidelines are outlined in Payment Options.

3.19  The packaging and images on some products listed on this site may slightly vary from the product received.

3.20  FOR INTERNATIONAL USERS ONLY (NON-AUSTRALIAN DELIVERIES)

International Users to the Site warrant, understand and agree to the following:
     a)  User will be liable for any customs charges, duties, or tariffs for their destination country;
     b)  User understands that if customs impounds the goods sent from us, charges/cost of goods will not be refunded nor are we liable for the cost of retrieving impounded goods;
     c)  User understands that if the goods are returned to us, the User will be charged for shipping charges (to the customer and back to us).

 

4.  LIMITATION OF LIABILITY

4.1  To the maximum extent permitted by law, this Site is provided by Foxy Princess Clothing on an "as is", "as available" and "with all facts" basis. Foxy Princess Clothing makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, Foxy Princess Clothing hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Foxy Princess Clothing disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer constitutes an essential part of this Agreement.

4.2  Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Foxy Princess Clothing or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, incorrect use of products, accuracy of results, or computer failure or malfunction, even if an authorized representative of Foxy Princess Clothing has been advised of or should have known of the possibility of such damages.

4.3  In addition, in no event shall Foxy Princess Clothing be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:

     a) Any disputes related to goods, services, or information purchased or obtained from the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;

     b) Any violation of Third Party Rights on the Site;

     c) Unauthorized access to data or private information of any User on the Site; or

     d) Statements or conducts of any User of the Site.

4.4  Notwithstanding any of the foregoing provisions, if Foxy Princess Clothing, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the price paid by you in connection with your purchase of the Site during the three month period preceding the date on which the claim arose.

4.5  Foxy Princess Clothing shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever, whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (1) the use or the inability to use the Site or Services, (2) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site, (3) any violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by third party rights claimants, (4) unauthorized access by third parties to data or private information of any User, (5) statements or conduct of any User of the Site, or (6) any matters relating to Services, however arising, including through negligence.

4.6  The limitations and exclusions of liability to you under the Terms & Conditions shall apply to the maximum extent permitted by law and shall apply whether or not Foxy Princess Clothing has been advised of or should have been aware of the possibility of any such losses arising.

 

5.  e-GIFT VOUCHERS

5.1  By purchasing, redeeming or attempting to redeem an e-Gift Voucher, you accept and agree to be bound by these Terms & Conditions and acknowledge that you have read and understood our Privacy Policy and Returns Policy.

5.2  e-Gift Vouchers cannot be used to purchase additional e-Gift Vouchers.

5.3  To use your e-Gift Voucher key in the voucher number at Checkout under the Shipping and Taxes page. The transaction will be completed when the balance has been reduced on your Gift Card and you complete the Checkout process. No change will be given.

5.4  Any remaining balance on the card can only be used in whole or part against future purchases. You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are authorised by you.

5.5  Your e-Gift Voucher may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.

5.6  As the e-Gift Voucher represents cash, please ensure that you safely store the details as lost or stolen vouchers will not be replaced or refunded.

5.7  The e-Gift Voucher is not redeemable for cash and cannot be exchanged. It cannot be used for cash advances.

5.8  The voucher will expire 12 months from date of issue. Any unused amount after the expiry date of the voucher will not be refunded or credited.

 

6.  INDEMNIFICATION

You agree to defend, indemnify and hold Foxy Princess Clothing and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to (1) your use of the Site, (2) your breach of any representations and/or warranties made by you to Foxy Princess Clothing and (3) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.

 

7.  FORCE MAJEURE

Under no circumstances shall Foxy Princess Clothing be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.

 

8.  COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

8.1  Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Foxy Princess Clothing or one of its affiliates and are protected by Australian and international copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Foxy Princess Clothing and is also protected by international copyright, patent, trademark and other intellectual property laws.

8.2  Foxy Princess Clothing and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Foxy Princess Clothing’s or any third party’s intellectual property rights. The Foxy Princess Clothing names and logos and all related product and service names, design marks and slogans are the trademarks of Foxy Princess Clothing. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.

8.3  References on this Site to any names, marks, products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply Foxy Princess Clothing’s endorsement, sponsorship or recommendation of the third party, information, product or service. Foxy Princess Clothing is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.

 

9.  TERMINATION

These Terms & Conditions are effective unless and until terminated by either you or Foxy Princess Clothing. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Foxy Princess Clothing also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Foxy Princess Clothing’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Foxy Princess Clothing, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms & Conditions or otherwise. Foxy Princess Clothing’s right to any Contents, and the provisions of Sections 2.6, 3, 4, 5, 6, 7, 8, 10 and 11, shall survive any termination of this Agreement.

 

10.  NOTICE

10.1  Except as explicitly stated otherwise, all notice or demand to or upon Foxy Princess Clothing shall be in writing and delivered to Foxy Princess Clothing by mail to the following address: PO Box 4711, Cairns Queensland AUSTRALIA 4870, Attn: Legal Department. Notice shall be deemed effective when received by Foxy Princess Clothing in any of the above-mentioned manner.

10.2  All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to Foxy Princess Clothing during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (1) Foxy Princess Clothing is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (2) immediately upon Foxy Princess Clothing posting such notice on an area of the Site that is publicly accessible without registration.

10.3  You agree that all agreements, notices, demands, disclosures and other communications that Foxy Princess Clothing sends to you electronically satisfy the legal requirement that such communication should be in writing.

 

11.  GENERAL

11.1  Foxy Princess Clothing reserves the right to update or modify these Terms & Conditions at any time without prior notice to you. The most current version of the Terms & Conditions will govern use of the site and will be found at www.foxyprincess.com.au/Terms&Conditions. If Foxy Princess Clothing makes a change that, in Foxy Princess Clothing’s sole discretion, is material, Foxy Princess Clothing will notify you via e-mail to the e-mail address associated with your account. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms & Conditions as amended.

11.2  This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and Foxy Princess Clothing related to the same subject matter.

11.3  Headings used in these Terms & Conditions are for reference purposes only and in no way define or limit the scope of the section.

11.4  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

11.5  Foxy Princess Clothing and you are independent parties, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions.

11.6  Foxy Princess Clothing’s failure to enforce any right or failure to act with respect to any breach by you of the Terms & Conditions will not constitute a waiver of that right nor a waiver of Foxy Princess Clothing’s right to act with respect to subsequent or similar breaches.

11.7  Foxy Princess Clothing may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.

11.8  Any action or proceeding arising out of or related to this Agreement or your use of this Site must be submitted to the ACCC for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.

11.9  This Agreement shall be governed by and construed under the laws of Australia without regard to conflict of law provisions.

11.10  If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.

11.11  As a result of the chromatic aberration inherent in computer screens, especially between CRT and LCD screens, we cannot guarantee that the colour of our products will be exactly the same as the photograph you saw.