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Legal Notices

The website www.illuah.com is published by ILLUAH PTY LTD, a simplified joint stock company with sole shareholder duly organised and existing under the laws of Australia. ACN number is 636 732 100 and whose registered office is situated 1 Kangoo Road 2250 Somersby – Australia.

 

Email: info@illuah.com

 

Editor in Chief: Lauren Worthington

Terms of sale

These terms set out the agreement for online trading between ILLUAH PTY LTD (ABN 636 732 100) ("ILLUAH") and the user of this website ("You") Please read them carefully before proceeding with entering the website. You must accept these terms and conditions to access this website any further.

 

This website is owned and operated by ILLUAH.

The purchase of Products offered on the website www.illuah.com (hereafter the “Website”) is subject to these general terms of online sale.

 

ILLUAH products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.

 

ILLUAH can update these GTS at any time.

 

The Customer can familiarise themselves at any time with the version of the GTS then in force by clicking on the link https://www.illuah.com/legal/terms-and-conditions. The applicable GTS at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer. Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable GTS on the date of placing his/her/its /her/its order. Said GTS can be viewed at the time he/she/it is asked to confirm that he/she/it accepts them. To substantiate this acceptance, the Customer must check the box “I have read and hereby accept the General Terms of Sale of the illuah.com website”.

Any order placed on the Website shall imply express acceptance of the GTS and acceptance of the prices and Products available for sale on the Website.

The ordered Products remain the property of ILLUAH until receipt of full payment of the price by ILLUAH.

However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.

Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.

 

ILLUAH cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.

 

For all the Products, the order is prepared for departure from ILLUAH’s logistics warehouses within a maximum period of 2 working days (subject to stock availability and except for the special case of Products sold “on presale” for which the sheet indicates the specific estimated time of delivery) from confirmation by email of the order. The average period between the placing or an order and its delivery is from 3 to 9 working days. This is an average period based on prior orders. Exceeding this period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on presale), the periods indicated above can be longer. However, and in accordance with the provisions of the Consumer Code, failure to deliver within a period of 30 days from the day after the Customer placed the order, the latter shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then be reimbursed. In cases where it has the capacity to do so, ILLUAH reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.

 

If the order reaches a certain volume ILLUAH may send it to the Customer in several deliveries and/or several

packages.

 

Generally, all of the parcels are shipped via DHL or Green Courier. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.

 

The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.

 

In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to ILLUAH by e-mail to the address illuah.com with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: ILLUAH STUDIO – Via di Casanello 12A 73100 Lecce ITALY.

 

In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s

letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product

to the recipient at the appointed time, ILLUAH cannot be held liable for the complete, final, completion of this

delivery. If this lack of information leads to a second presentation to the recipient, ILLUAH shall be entitled to

request that the Customer pay the corresponding fees for this second delivery.

 

The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.

 

Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and or in a “sorting – pending” centre of the carrier and/or returned to ILLUAH who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.

 

In the event that it is impossible to deliver and if the product must be returned to ILLUAH by the carrier, ILLUAH will not make any new delivery.

 

Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to ILLUAH, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforehand via e-mail at info@illuah.com to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to ILLUAH STUDIO – Via di Casanello 12A 73100 Lecce ITALY.

Pursuant of the Consumer Code, the Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of his/her/its desire to return the Product.

 

For any return, the Customer must contact the customer service beforehand via e-mail at info@illuah.com to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender. In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, accompanied by all of its accessories, and a copy of the purchase invoice to ILLUAH STUDIO – Via di Casanello 12A 73100 Lecce ITALY. The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.

 

ILLUAH cannot be held responsible in the event of loss, theft or damage of the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused. Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to ILLUAH.

 

On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.

 

In the event the Customer makes a valid use of this right by the Customer, ILLUAH shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.

 

ILLUAH undertakes to reimburse the standard delivery costs including the tracking of the parcel. For that purpose, Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.

By completing an online order, you are making an offer to purchase the product at the price on our website. Payment must be made at the time of submitting the online order. Payment can be made by Visa, MasterCard, Amex, Afterpay, or PayPal only. You warrant that you are an authorised user of the credit card, Afterpay account or PayPal account used to complete payment.

 

All online orders placed through this website are subject to confirmation and acceptance by ILLUAH. We will email you with confirmation of the receipt of your online order. ILLUAH may reject Your online order for any reason and refund any payment made by you, at any time prior to dispatch.

 

The online order must be paid in full immediately upon entry into the Agreement. All transactions on the website are settled in Australian Dollars (AUD). Customers purchasing from international countries will have their currency automatically converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details.

 

ILLUAH’s prices may vary in the event of price changes or mistakes on this website without prior notice to you. If ILLUAH requests payment for increased prices, you may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) business days of the announcement of the increase.

All sales are subject to our Returns Policy.

We aim to provide you with products of the highest standard and quality. If you have received a product with a manufacturing fault, please contact us as soon as you receive your order. This way we can guide you through the returns process and help resolve the problem. Please provide our team with images of the damage, defect or fault for a preliminary assessment.

 

If the product is confirmed to have a manufacturing fault, 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.

 

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 or failure to use in accordance with care for instructions.

 

Please see our full Returns Policy for more information.

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. Store credit is valid for twelve (12) months. Any balance that remains after the 12 months will not be available for use. 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.

Illuah.com is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

 

ILLUAH does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. In the event a credit card is used without the holder's authorisation, the cardholder must notify their credit card provider in accordance with their reporting rules and procedures.

ILLUAH has provided information on this website as accurately as possible. We take all precautions possible to keep the details of your orders 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 acquires unauthorised access to any data you provide when accessing or ordering from the website.

 

To the extent permitted by law, all guarantees, warranties or representations which are not specifically stated in this Agreement are excluded. If ILLUAH is liable for breach of an obligatory guarantee or implied warranty or representation, ILLUAH’s obligation is, at its option limited to the replacement of the products or the supply of equivalent products, the repair of the products or the payment of having the products replaced or repaired.

ILLUAH owns the intellectual property in its garment designs, fabric designs and images. ILLUAH forbids the use of its designs and images for any purpose without prior written consent from ILLUAH.

On the rare occasion, illuah.com could require some down-time, either scheduled or unscheduled. ILLUAH will try to ensure the amount of down-time is limited. ILLUAH will not be held liable for any consequences during down-time.

Please see our privacy policy (click here)

You agree that you will use this website in accordance with these terms and conditions and that you will not use this website for any unlawful purpose.

 

You will not violate or attempt to violate the security of this website. You will not hack into this website, ILLUAH’s computer systems or the computer systems of other users of this website. Hacking means unauthorised access, malicious damage and/or interference.

 

As you browse ILLUAH, advertising cookies will be placed on your computer so that we can personalise your shopping experience.

 

By entering this website, you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. ILLUAH reserves the right to change this Agreement at any time. Any such changes will be posted on this website.

products are dispatched. ILLUAH will not be liable to you for any expenses or damages whatsoever for terminating this Agreement.

 

If the product has not been delivered to you prior to any termination of this Agreement, ILLUAH will refund any payment you have made prior to termination.

 

ILLUAH may terminate the agreement under which you can use this website immediately without notice if you are in breach of our website term and conditions.

This Terms of Sale and Use of Website Agreement together with the other policies on this website are the entire agreement between us (ILLUAH) and the user (yourself).

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.

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.

Privacy Policy - Updated 26 March 2020.

This Privacy Policy explains how ILLUAH PTY LTD, https://illuah.com (collectively, “we,” “us” or “our”) collect, use and share information about you when you use our websites and online services (“Services”) or otherwise interact with us.

 

Please read this Privacy Policy carefully and contact us if you have any questions - our contact details can be found on our contact page.

 

If you provide us with your personal information then this indicates that you have had sufficient opportunity to access, and have read and accepted, this Privacy Policy. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this website or any products and services offered on it.

Personal Information: The types of personal information we collect will depend on the purposes(s) for which we are collecting it. For example, we may ask for:

 

  • name;
  • contact details including email address, address and telephone number;
  • marital status and anniversary;
  • date of birth;
  • demographic information such as postcode;
  • credit card or other payment details (if you are buying product from us);
  • preferences and opinions; and
  • any other information requested on this website or otherwise requested by us or provided by you.

 

Non-identifiable information: Data that have never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you visit our website, we automatically record non-identifiable information that your browser sends.

 

This data may include:

  • your computer's IP address;
  • browser type;
  • webpage you were visiting before you came to our website
  • the pages within www.sirthelabel.com you visit
  • the time spent on those pages, items, and information searched on our website, access times, dates and other statistics.

 

Non-identifiable information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.

We may collect your information in a number of ways, including:

Directly from you, including but not limited when you:

browse our website;

save an item;

register on our website;

logging into the website once registered;

making a purchase from us;

contacting our Customer Care, either about an order or for any other reason;

interacting with us on our social media; or

having a conversation with our team members

From third parties such as our related entities, business or commercial partners.

Use the information for purposes including:

to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;

to communicate with you, about products and services, competition results, special offers, and events which might interest you;

to perform research and analysis;

for market research and business development including website development and gauging website traffic and trends;

to deliver personalised site content to you;

for marketing including direct marketing;

to run competitions or offer additional benefits to you; and

to send you promotional information about third parties that we think may be of interest to you.

to comply with laws or regulations or to comply with any directions given by regulators or authorities.

We may disclose your personal information to:

assist us in providing products and services you have requested, such as delivery service providers;

credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for

goods or services provided by us to them;

courts, tribunals, regulatory authorities and law enforcement offices as required by law, in connection with any

actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights, and

conduct market research and marketing strategy analysis;

Where we disclose your personal information to third parties for these purposes, we will request that they follow this Privacy Policy when handling your personal information.

 

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permitted by law our user databases, together with any personal information and non personal information contained in those databases. This information may be disclosed to a potential purchaser.

Under the Privacy Act, individuals have a right to access their complete records. You may ask us in writing to provide you with details of the personal information we hold about you. We will endeavour to process your request as soon as possible.

 

You can update your personal information anytime by accessing your account on our website by logging on to your account. If you wish for your personal information to be removed from our database, please contact us at info@illuah.com.

If you have any questions, comments or complaints regarding our practices, or if you are of the view that we have not adhered to this privacy policy, you can contact us by email to info@illuah.com You can find more information about privacy and the protection of your personal information on the website of the OAIC at https://www.oaic.gov.au/.

We use “cookies” when you visit our website. It is a technology that enables us to personalise our service to you and track the patterns of behaviour of visitors to the website.

 

By using our website, you agree to us placing cookies on your device and accessing them when you visit the website in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, you user experience may be affected and you might not be able to take advantage of certain functions.

 

There are four main types of cookies – here’s how and why we use them:

 

Analytics cookies: these cookies allow us to measure and analyse how our customers use the website, to improve both its functionality and your shopping experience.

Customer preference cookies: when you are browsing or shopping, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.

Targeting or advertising cookies: these cookies are used to deliver marketing and advertising materials that are relevant to you.

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our website following any amendments indicates that you accept the amendments. We recommend that you check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

 

If you have any questions, feedback or complaints please contact us at:

 

Mail: ILLUAH STUDIO – Via di Casanello 12A 73100 Lecce Italy

Email: info@illuah.com