ColourDujour

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Terms of Use

Last Updated: 17th January 2012

Welcome to ColourDujour.com.au, a website owned and operated under ABN 31 806 917 989, trading as Colour Dujour.
 
The Terms of Use govern your use of the ColourDujour (“CDJ”) website (“Site”), the materials and information contained therein and related services made available to you via this Site. By visiting or shopping at the ColourDujour website, you agree to be bound by these Terms of Use, as well as the other policies posted on the ColourDujour website. ColourDujour may from time to time change this Site (including these Terms of Use). Please read these Terms of Use carefully before using this site and re-read before subsequent use. If you do not agree to any change(s) to the Terms of Use, you must immediately stop using this Site. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.
 
1.     General Disclaimer
CDJ, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
 
2.      Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on and "as is" basis. CDJ assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by CDJ. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), CDJ expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. CDJ shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if CDJ is expressly advised of the possibility of such loss or damages.
 
The Terms of Use are effective until terminated by CDJ and CDJ may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Use will still be applicable.
 
3.     Registration
To use some of the services or features made available to you on this Site, you will be required to register with CDJ. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . CDJ may change registration requirements from time to time and without notice.
 
4.     Eligibility to Purchase
In order to make purchases through the Site, you will be required to register and provide your personal details. The personal information you use to register must be true, accurate, current and complete in all respects.
 
Furthermore, when ordering items, you will be required to provide payment details and 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 or you have consent to use the details referred to in the billing information provided.
 
The Site is available only to individuals and others who meet the CDJ terms of eligibility, whose applications are acceptable to CDJ and who have authorised CDJ to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. CDJ reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
 
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where CDJ  feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.
 
5.     Orders
All orders are subject to acceptance and availability. If you have registered your email address for notification of the arrival of a specific product featured on our Site, you will receive an automated email notification when that specific product becomes available. Please note that you will only receive this email notification once, and on certain occasions, due to your email's security settings, you may not receive this email. To ensure you receive email notifications from CDJ, please add This e-mail address is being protected from spambots. You need JavaScript enabled to view it to your address book. 
 
Items in your shopping bag also known as My Bag on this Site, are not reserved and may be purchased by other customers, until you complete checkout.  Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and CDJ will be completed when your order has been dispatched. The sale contract is therefore concluded in Sydney, Australia and the language of the contract is English. 
 
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use.
 
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
 
6.     Payment
Payment can be made by Direct Deposit, PayPal and Visa, MasterCard and Bank Cards and any other methods which may be clearly advertised on the Site from time to time. If you choose to pay by PayPal or Visa, MasterCard and Bank Cards, payment will be debited and cleared from your account during the Checkout process. You confirm that the bank account, PayPal account or credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the PayPal account or credit/debit card to use it. All credit/debit card holders may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to CDJ, we will not be liable for any delay or non-delivery.
 
Payment for your order must be made immediately after the checkout process. If CDJ does not receive payment for your order within one business day (for PayPal payments) and two business days (for Direct Deposit payments), CDJ reserves the right to cancel your order and return the ordered items to stock.

For international orders, CDJ only accepts payments made in Australian dollars. Customers are responsible for any and all additional fees and charges that their financial institution or PayPal may charge during the financial transaction made to CDJ for their orders.
 
We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your credit card details in a secure host environment.
 
Furthermore, CDJ will take all reasonable care, in so far as it is in our power to do so, to keep the details of your personal information, order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
 
7.     Delivery
CDJ uses Australia Post for shipment of all orders. If your order is lost or arrives in a damaged condition, CDJ will take all reasonable measures in recovering your lost goods or replacing damaged goods from Australia Post. If we are unable to recover lost goods or replace damaged goods from Australia Post, CDJ will not be held responsible or liable for these goods. As such, CDJ recommends choosing Registered Post for all your orders. In the case of lost orders, if your order does not arrive within 14 days of placing your order, please contact CDJ immediately.
 
CDJ aims to dispatch all orders within one business day of receiving the order. Estimated delivery times provided on this Site are to be used as a guide only and commence from the date of dispatch. CDJ will not be responsible for any delays on non-delivery once your order is dispatched by CDJ.

Any shipping quotes or charges provided by CDJ for international orders do not include your local sales taxes or import duties, which may be charged to your order upon entry to your country. Please contact your local customs office for further information.
 
8.     Discounts
Discounts or coupons provided by CDJ cannot be applied to shipping costs. CDJ reserves the right to change the conditions of use for discounts or coupons, and refuse or remove discounts at any time where we deem fit and without warning.
 
9.     Exchanges and Returns
In addition to the information provided in Customer Centre, a refund and exchange will only be provided if the following conditions are met:
  • You email CDJ within 7 days of receiving your order.
  • You receive written approval from CDJ for the refund or exchange, and ship the item(s) to CDJ within 7 days of receiving this written approval.
  • The item(s) is new, unworn and in its original condition.
  • All original labels and tickets are attached to the item(s).
  • If requested, you provide CDJ with a receipt or invoice as proof of purchase.
  • You follow the instructions indicated in our Customer Centre section, Terms of Use and by CDJ.
 Please note:
  • Refunds and exchanges do not apply to sale items, and for hygiene reasons: earrings, cosmetics, lingerie, hosiery or swimwear; except in the case where the items are faulty, damaged, not fit for its purpose or do not match the product description.
  • All refunds will either be provided as CDJ credit or refunded to the original purchaser’s credit card, bank account or PayPal account.
  • If a refund is provided due to a case of faulty, damaged or misrepresented goods, CDJ will provide you with an exchange, store credit or refund and CDJ will be responsible for all return shipping costs.
  • In order for ColourDujour to provide quality fashion at low affordable prices, in the case of an exchange or store credit for change of mind or an incorrect purchase, you will be responsible for all shipping costs associated with the return and replacement of your item(s).
  • CDJ will not be responsible if return shipments are lost during transit. As such, we recommend that you mail your item(s) to CDJ via registered post to ensure it reaches us.
  • If you return some/all of the items in your original shipment and the total order amount falls below the minimum purchase requirements for Free Shipping, we will deduct the shipping cost for the remaining items from the original order amount, since the order will no longer be eligible for free shipping.
  • CDJ reserves the right to refuse exchanges or returns on items that have been worn, damaged or altered from their original state.
  • CDJ reserves the right to refuse exchanges or returns on items, where the customer has not received written approval from CDJ for an exchange or refund and where items have not been shipped to CDJ within 7 days of receiving this written approval.
  • CDJ reserves the right to change our exchange and refund policies and/or reject any exchange or refund requests for any reason without prior notice. Should there be any dispute, CDJ’s decision will be final.
10.     Colour and Sizing
All colour and sizing information provided on this site or by CDJ representatives are provided as an approximation and recommendation only. CDJ takes all reasonable care in ensuring all colour and sizing information is provided as true and accurately as possible. In some instances however, where incorrect or incomplete colour and sizing information has been provided, CDJ will not be held liable or responsible for any loss and damage you or any other may suffer as a result of this; and the Terms of Use, specifically the ‘Exclusion of Liability and Overall Disclaimer’ section in the Terms of Use will apply to these instances.
 
11.     Privacy Policy
It is your responsibility to read and familiarise yourself with the CDJ Privacy Policy. To do this, please click on the Privacy Policy link at the bottom of the Home page. You must not use this site if you are under the age of 18 without the consent of your parent or guardian, who must read and agree to the CDJ Privacy Policy and Terms of Use.
 
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect CDJ or its users.
 
You should not send any information or material that you consider to be confidential or proprietary, to CDJ or any other person, through this Site. Any information or material sent to CDJ at, or through this Site, is deemed to be not confidential. You are deemed to grant to CDJ an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. CDJ is free to use any ideas, concepts, know-how or techniques that you send to or through this Site, for any purpose.
 
12.     Copyright
You must comply with all proprietary and copyright notices on this Site. This Website is owned by CDJ and its associates, and may be subject to copyright. Some of the information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
  1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site;
     
  2. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
     
  3. use or apply, for commercial purposes any material or information on this Site, without the prior written consent of CDJ.
Any software which you download from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you, which you are updating, and by downloading such software you agree to abide by the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
 
All information, photos, trademarks, brands and names appearing on this Site are the property of their respective owners. Nothing contained on this Site should be construed as being owned by CDJ, and thus grants any licence or right of use of any trade mark or part of any trade mark displayed on the Site without the express written permission of CDJ or third party owner.
 
13.     Your Activity
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Use, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
 
14.     Links and Third Party Representation on this Website
CDJ makes no representations or warranties about any other website which you may access through this Site ("Other Website"). When you access Other Websites, these Other Websites are independent from this Site, and CDJ has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of CDJ, and CDJ is not responsible for the accuracy of any information on any Other Website. CDJ does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
 
CDJ will not monitor or review statements made by persons other than CDJ ("Third Parties") on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time ("Third Party Posted Material"). CDJ makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. CDJ expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, CDJ is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if CDJ has been expressly advised of the possibility of such loss or damages.
 
You must indemnify and keep indemnified CDJ in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
 
Subject to any non-excludable provisions of the Trade Practices Act, 1974, CDJ disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party.
 
15.     Governing Law
These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
 
Nothing contained in these Terms of Use derogates from CDJ's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by CDJ with respect to that use.
 
16.     In General
In this Site:

"ColourDujour" and "CDJ" means Colour Dujour or ColourDujour.com.au (ABN 31 806 917 989), trading as Colour Dujour and its subsidiaries, associates and officers unless otherwise stated.

“You”, “Your” and “Customer” has the same meaning and refers to an individual who has used or is using the ColourDujour website.
 
"Other Website" means websites of persons or entities other than ColourDujour which are linked to and from this Site.

"Your Information" means any information from which your identity is apparent or can be reasonably ascertained.

"Site" means the whole or any part of the web pages located at www.colourdujour.com.au (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site).

“CDJ”, "ColourDujour", “Our”, "We" and "Us" has the same meaning, and refer to ColourDujour.

"Third Parties" means persons or entities represented on the Site other than CDJ.

"Third Party Posted Material" means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.