Your purchase from us indicates that you have had adequate opportunity to read and understand our Sales Terms and that you have accepted and will comply with these Sales Terms & Conditions.
If you do not agree to these Sales Terms that bind your purchase from us, please do not purchase from us.
Failure to act in accordance with our purchase terms and conditions may subject you to legal action and costly legal proceedings.
Products, Services and Orders:
- You may order from us as displayed and available on our site and in our retail showroom/s.
We may at our discretion accept or reject your order depending on factors such as the availability of the product or service, or our ability to validate payment for these products & or services.
- It is your responsibility to check the details of your order, including product/service/sizing and pricing, before you complete your order on our website.
- A binding agreement comes into fruition between you and us once you have successfully placed your order, and received an order number and confirmation. No changes to these Sales Terms will be effective unless we agree to the desired changes in writing.
STUDIO MINC products and services are sold to you for your PERSONAL use only.
You agree not to on-sell, resell, hire or create a business from these products or services without a licensee agreement, authorisation, or written consent.
- Unauthorised use of the STUDIO MINC trademarked products for commercial use and monetary gain in the form of resell, hire or rent is a breach of our registered trademark, copyright, and intellectual property rights.
- Businesses or commercial institutions that infringe our Trademark, copyright, and engage in conduct that breaches that of the ACL (Australian Consumer Law) will be subject to legal action and are therefore at risk of court proceedings against you in the Federal Court on the grounds of Trademark infringement, misuse of STUDIO MINC copyright, breaches of the ACL, and Passing off.
- You may order from us as displayed and available on our site and in our retail showroom/s.
Intellectual Property Rights
- Intellectual Property Rights (IPR) means all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not, and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
- STUDIO MINC owns all the Intellectual Property Rights in our Website, business, products, services and branding. This includes but is not limited to; imagery, product, content, branding, trademark, & services.
- You must not break our Intellectual Property Rights by, including but not limited to modifying any of the Materials, creating derivative works from the materials, or using our materials for commercial purposes such as on-sale to third parties. This includes the use of content, imagery, product and branding materials.
a. We own and reserve the exclusive use of the Studio Minc registered Trade Mark No.1769351 (Trade Mark).
b. Use of the STUDIO MINC trademark and or trademarked products and services is strictly prohibited without our written consent or a licensee agreement.
c. Commercial use; resale, hire, and rental of STUDIO MINC trademarked products and or services is strictly prohibited without written consent or authorisation.
Copyrighta. STUDIO MINC are the designers and exclusive manufacturers of our handmade and recognisable dresses. STUDIO MINC reserves the exclusive rights to produce and distribute STUDIO MINC trademarked dresses. Our original, handmade dresses that require our skill and knowledge to produce are protected under copyright law as being works of 'Artistic Craftsmanship'
b. Pursuant to the Copyright Act 1986 (Cth) (Copyright Act ), STUDIO MINC owns the copyright in the STUDIO MINC dresses, has sole and exclusive rights to reproduce, publish and communicate (by way of making the work available online) the STUDIO MINC trademarked Dresses.
Price and Payments:
- You agree to pay the RRP (recommended retail price) specified on our website or in our showroom at the time that you place your order for the purchase of a product/service, plus any applicable delivery charges based on the delivery options selected by you.
- STUDIO MINC reserves the right to adjust the price of our products at anytime in the form of promotional offer, sale, or changes to pricing structure.
- All products are priced in Australian Dollars. Our products are displayed by default in Australian currency. You can view our products in your selected currency with our currency viewing options. If our site detects the location that you are viewing our website from, the currency displayed may automatically display in your country's currency. You understand that all currencies are subject to change. Purchases are processed in Australian currency. All purchase prices include Australian GST (where applicable). Any delivery fees and insurance charges will be separately shown.
- You must pay for the product or services by one of the payment methods set out on our website or available in our showroom.
Your payment will be processed upon confirmation of your order. You must not pay, or attempt to pay for any product or service through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order will be subject to cancellation.
Availability and Cancellation:
- All purchases made with us are subject to availability. We do our best to keep inventory of products updated, and ensure that services supplied by us are made readily available to you.
- If there is a considerable delay in dispatching your order, or we cannot provide the purchase by the date of requirement, or if for any reason we cannot supply a product or service you have ordered, we will contact you using the contact details provided by you at the time you placed your order.
- If we fail to dispatch your order or contact you within the order timeframe stated on our website or agreed to in our showroom, you will be granted the option for refund.
We reserve the right to refuse the supply of our products or services ordered by you if you breach any of these Sales Terms, or we suspect breach of Sales Terms, including if we believe that you are using the goods for commercial use, such as on-selling, reselling, or hiring STUDIO MINC trademarked products or services to third parties without our written consent.
- Cost: The cost of shipping will be shown on our website. The delivery costs are for transport with our chosen couriers. The costs do not cover import taxes or customs duties, or liabilities of any kind that may apply in your destination country. We are not responsible for and do not accept any liability for any delays, duties, taxes or levies that may occur in your destination country.
- FREE SHIPPING: Purchases made with a 'free Shipping' discount code or 'free shipping' promotional offer will be subject to the standard shipping charge if the product is returned. Your refund will exclude the original expense of shipping. The deducted shipping fee is subject to your location and courier choice.
- Timing: We aim to dispatch your purchase within a matter of urgency. All orders must allow 7 business days for processing prior to dispatch of product/ services. If we require more than 7 business days for processing, we will contact you. Any delivery periods displayed on our website are estimates only, as provided by our couriers of choice: Australia Post & DHL. We will deliver the product to the place of delivery you specify when making your order.
- Responsibility: It is your responsibility to track the delivery of your order. We are not responsible for the goods once they are passed onto the responsibility and duty of the agreed third-party courier. If you are not notified by your country’s postal authority that your order is awaiting payment of any applicable import or customs duties, taxes, levies or other liabilities we are not responsible.
- Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to request if this is possible prior to dispatch. If you are not available to take delivery on the agreed delivery date, you may be charged an additional delivery fee for each attempted delivery. It is your responsibility to organise the pick up of your order from your local post office, or contact the courier company to arrange another delivery date and time.
Risk: Risk of loss, damage or deterioration to any products will pass onto you once the product is dispatched successfully with the courier of your choice and tracking information is successfully passed onto you via digital correspondence.
- Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between us in relation to these Sale Terms please contact us in writing to resolve your dispute. We agree to seek guidance from Fair Trading, to resolve any issues that fall outside our policies.