- ACCESS AND USE OF THE SITE
- INFORMATION ON THIS SITE
- ORDER AND FORMATION OF CONTRACT
- NEW ZEALAND GST, CUSTOMS CHARGES AND DUTIES
- FAULTY PRODUCT RETURNS
- CHANGE OF MIND RETURNS
- VOUCHERS, GIFT CARDS AND STORE CREDIT
- DISCLAIMER AND LIABILITY
- MEDIATION AND DISPUTE RESOLUTION
- DEFINITIONS AND INTERPRETATION
1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.
1.2 You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
1.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address.
(b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.3.2 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any Unless otherwise stated all charges are in Australian Dollars.
3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase.
3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.5 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
(b) if you are a stylist, a blogger or an influencer, we require you to utilise our services via our PR forum. If you email email@example.com, our PR manager will be in contract for future wardrobe opportunities through our showroom; or
(c) we suspect that you might on sell our Products to other consumers.
4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.3 You may grant us an 'authority to leave' when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
4.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
5.2 If you wish to cancel your order, please contact our Customer Service Team via http://www.theiconic.com.au/contact/. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
As our Site is based in Australia, we charge you for your order in Australian dollars. The actual price charged to New Zealand customers will be subject to the exchange rate applied by the customer's credit or debit card company. Please note orders which are more than the equivalent of NZ$200 and shipped to New Zealand may incur GST, customs charges and duties charged by the NZ Customs Service once the parcel reaches its destination port and must be paid by the recipient directly to the NZ Customs Service or its authorised service provider. We are not responsible for and will not reimburse any of these GST, charges or duties. You can find out more information at
7.2 If the Product is confirmed to have a defect, we will replace the Product or refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.
7.3 It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
(a) within 100 days of purchase;
(b) unworn and unused with the original tags still attached; and
(c) in the original packaging, which must be in the original condition, including branded dust bags and shoe boxes (you don’t need the clear plastic packaging).
Please note that Products sealed for hygiene reasons can only be returned under change of mind return policy if the seal is intact. Occasionally, some Products may be excluded from the change of mind return policy. The exclusion will be noted on the Product page on our Site.
(a) refund the Price of the Product returned to your ;
(b) provide you with a store credit worth of 110% of the Price of the Product returned (for the avoidance of doubt, the store credit is in the amount of your paid Price plus 10% extra; if you have used store credit or gift cards to pay for the full Price, we can only reinstate the original amount of store credit. If you have used store credit or gift cards to pay for part of the Price, we can reinstate the original amount of store credit you have used and offer you with additional store credit that is worth 110% non-store credit/gift cards payment you have made for the Product returned); or
(c) exchange the Product for another size.
(a) From time to time we may release vouchers that may be used on the Site. Vouchers can only be redeemed on the Site in accordance with the special terms and conditions stated on them.
(b) Vouchers are valid for the specified period stated on them only. Certain Products may be excluded from voucher promotions.
(c) Vouchers cannot be redeemed for cash. If you place an Order for a Product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per Order.
(d) Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple Products are purchased using a voucher, and one or more Products are returned, the discount is applied on a pro rata basis to each Product for the purpose of establishing refund values.
(a) You may purchase gift cards for use on the Site by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
(b) Gift cards are valid for 12 months. Any balance that remains after the 12 months will not be available for use.
(c) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the instructions at http://www.theiconic.com.au/contact/#faq_buy
(d) If you place an Order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order.
(e) If an Order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only.
9.4 Conditions for using store credit
(a) Store credits are applied to the account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
(b) Store credit is valid for 12 months. Any balance that remains after the 12 months will not be available for use.
(c) Store credit does not accrue interest nor can it be redeemed or refunded for cash. If an Order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only.
(a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
10.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
10.4 Subject to clause 9.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
(f) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
(g) Our total Liability under any Contract shall in no circumstances exceed,
(i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
14.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
14.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
14.4 No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
14.5 Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
14.6 Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of The Iconic, its subsidiaries, any holding companies of The Iconic, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).
14.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
14.8 Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
14.9 Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
14.10 Change of the Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
In these Terms and Conditions unless the contrary intention appears:
Account means the account that you will need to register for on the Site if you would like to submit an Order on the Site in accordance with clauses 1 and 3 of these Terms and Conditions;
Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;
Company means Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
Confirmation of Order means our email to you, in which we accept your Order;
Contract means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with this Terms and Conditions;
Delivery means the process in clause 4 of these Terms and Conditions;
Delivery Fee means any charges you are liable to have the products delivered to the address provided by you;
GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
Order means the order submitted by you to the Site to purchase products from us.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
The “25% Off Selected Styles” offer starts at 8:00am 23rd May 2017 and ends at 11:59pm 25th May 2017. Use code EVENT25 at checkout. This offer is valid on selected styles and colours listed on the following pages:
In addition to our 100-day free returns policy, the offer conditions are:
- The refunded amount for returns will match price at purchase; and
- The offer discount value excludes shipping cost
a) Be 18 years old or over;
b) Hold an active Australian PayPal business or premier account in good standing (i.e. not restricted, or limited); and
c) Complete a transaction using PayPal on the Iconic.com.au (desktop site or app) during the Promotional Period;
d) not be employees, contractors (and their immediate families) of the Promoter, the Promoter’s related bodies corporate or any third parties associated with this promotion.
4. Promotion commences at 12:01am AEST on 27 April 2017 and closes at 11:59pm AEST on 25 May 2017 (“Promotional Period”).
How do I enter and what do I win?
5. There are 6 prizes to be won:
HOW TO ENTER: Each payment through PayPal during the Promotional Period will give the Eligible Entrant one entry into the prize draw.
PRIZE: First Prize: 1 x AUD $5,000 web jet voucher to be used at webjet.com.au
Runner Up Prizes x 5: AUD $1,000 voucher to be used at theiconic.com.au
TOTAL PRIZE POOL: AUD $10,000
How will winners be selected?
6. The first eligible entry drawn will receive the First Prize and the next five (5) eligible entries drawn will each receive one Runner Up Prize. The winners will be drawn electronically at 2pm on 29 May 2017 at Mike Da Silva and Associates (Aust) Pty Ltd (“MDSA”) at 15 Grosvenor Street, Neutral Bay NSW 2089.
7. The prize winners will be notified by email within 2 working days of the draw date and will be published in The Australian newspaper on 05 June 2017.
When will I receive the prize?
8. If you’re a Runner Up prize winner, the prize will be provided to you in the form of an online voucher for theiconic.com.au. The voucher will be sent to the primary email in your PayPal account. This will be done within 30 days of you being notified that you have won.
What’s the unclaimed prize draw?
9. Subject to any laws, if a prize is not claimed or forfeited for any reason by a winner within 3 months of the draw date, the prize will be awarded to another eligible entrant in an unclaimed prize draw on 12 September 2017 at the same time and location as the original draw. The prize winner, if any, will be notified by email within 2 working days of the draw date and will be published in The Australian newspaper on 19 September 2017.
Other important information
10. If you’re a prize winner, we may be required to collect and verify information about your identity before you can access the funds. This is in connection with our obligations under the anti-money laundering and counter terrorism financing laws. We’ll contact you and let you know what information and documents we require. For more information please see https://www.paypal-australia.com.au/aml.
11. There may be tax implications from winning a prize. Please seek independent financial advice before you accept the Prize.
12. Entries may be invalid or PayPal may reject entries if PayPal reasonably forms the opinion that an entry breaches PayPal’s User Agreement, or is made fraudulently.
13. If for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of PayPal, which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, PayPal reserves the right in its sole discretion take any action that may be available, including to cancel, terminate, modify or suspend the Promotion subject to any direction given under the relevant state/territory permit regulations and/or disqualify any individual who tampers with the entry process.
14. Except for any liability that cannot be excluded by law, PayPal (including its officers, employees, agents and related Bodies Corporate as defined by the Corporations Act 2001 (Cth)) exclude all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to:
a) any technical difficulties, technical error or equipment malfunction (whether or not under PayPal’s control);
b) any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference;
c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by PayPal) due to any reason beyond the reasonable control of PayPal;
d) any tax liability incurred by a winner or eligible entrant; or
e) use of a Prize.
15. Under no circumstances will PayPal’s total aggregate liability in connection with this Promotion, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed AU$1,000.
16. These rules constitute the entire terms and conditions between the eligible entrant and PayPal with respect to the promotion and cannot be altered, modified or amended.
17. These terms are subject to the applicable State or Territory lottery laws.
19. The PayPal service is provided by PayPal Australia Pty Ltd (ABN 93 111 195 389) which holds an Australian Financial Services Licence, number 304962. You should read and consider the PayPal Australia Pty Ltd Combined Financial Services Guide and Product Disclosure Statement before deciding whether to acquire the PayPal product.
This Promotion is authorised under NSW Permit No. LTPS/17/13216, ACT TP17/00679 & SA Licence No. T17/630.