1.1 Thank you for visiting us here at www.tillyrose.com.au (the Site). We hope you enjoy your experience while taking advantage of everything the Site has to offer!
1.2 By accessing and using this Site you accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms you must not access or use the Site.
1.4 We may change these Terms at any time without notice. Please access the Site and review these Terms regularly to ensure you are aware of any changes made.
Account means a Tilly Rose account registered through the Site by a user.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Site.
Direct Communication means email, SMS, instant message or any other direct electronic communication.
Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in .
Member means a person that is a Registered Member of the Site and is authorised to purchase goods and services via the Site.
Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
Products means any good purchased by a Member via the Site.
Registered Member means a person that has registered an Account.
Terms means these website terms and conditions between you and Us.
Transaction means any purchase or payment facilitated by or completed via the Site.
Us, We and Our means Tilly Rose Pty Limited ACN 700 618 291 of Suite 2, Level 3, 426 King Street Newcastle NSW 2300.
2.2 In this Agreement, unless the context indicates a contrary intention:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(d) the word ‘include’ in any form is not a word of limitation;
(e) no rules of construction apply to the disadvantage of one party on the basis that the Terms or relevant part of the Terms was prepared or put forward by that party; and
(f) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Newcastle, Australia even if the obligation is to be performed elsewhere.
3.1 Subject to these Terms, you may access and use the Site at no charge and without registering an Account.
3.2 You acknowledge and accept that access to and use of parts of the Site may:
(a) be restricted to Members;
(b) be subject to terms and conditions in addition to these Terms; or
(c) require payment,
and the imposition or removal of any access or use restrictions for any part of is at Our sole discretion.
5.1 To register an Account you must:
(a) validly enter your email address, a password and all other information requested in the registration section of the Site; and
(b) signify your acceptance of these Terms.
5.2 Accepting these Terms is an important part of the registration process and you should carefully read these terms before registering an Account.
5.3 You must keep your Account password confidential. You are responsible for any activities or transactions made using your Account and We are not liable for any damage or loss which results from unauthorised access to your Account. You must immediately notify Us of any unauthorised access or use of your Account of which become aware via the Contact Us section of the Site.
5.4 Your Account is not transferable and you may only register one Account.
5.5 Registering an Account and becoming a Registered Member is free.
6.1 We derive Content from sources, which We believe are accurate and up to date as at the time of publication, however We do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via the Site.
6.2 While We use reasonable commercial endeavours to update Content contained on the Site, you indemnify and release Us from all liability for any claim or loss that directly or indirectly results from your reliance on any Content provided on the Site, to the extent that such claim or loss was not caused or contributed to by Us or Our negligence.
6.3 We may engage third parties to author, design or provide Content for inclusion in the Site. You acknowledge and agree that in relation to all Content contributed by third parties:
(a) any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.
7.1 Prior to making a purchase via the Site, you must register your details with Us by creating an Account.
7.2 To set up an Account, you must provide to Us a unique log in and password. Upon logging into your Account for the first time, you will be asked to insert your details in the required fields.
7.3 Not all fields will be “required information” in order to make a purchase via the Site, but may otherwise assist Us in making you aware of Our other Products and promotions We may be running from time to time via Our Direct Communications.
8.1 We always try to list Products at competitive prices. We reserve the right to change prices for Products at Our discretion and the price applicable on the date a Product is confirmed as ordered. Advertised prices are in Australian dollars only.
8.2 Where a typographical or human error occurs and a listed price is incorrect, We will try our best to quickly rectify the error but We have no liability to You nor are We obliged to complete any contract for sale of a Product at a price that is listed incorrectly on the Site.
8.3 Members may place an order for a Product by clicking the “Buy Now” button. Your Product will appear in the “Shopping Cart” ready for “Checkout”. You “Checkout” by confirming your purchase of the Product and authorising Us to debit Your nominated credit card by the correct price of the Product (including delivery costs).
8.4 You must not order Products via this Website if You are younger than 16 years of age.
8.5 All orders are subject to acceptance by Us and are subject to availability. After placing an order, you will receive an email from Us acknowledging that We have received your Order. Please note that this does not mean that your order has been accepted.
8.6 Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us and are confirmed only when dispatched or when you are notified that the Products you have ordered are available for pick up. Once your order has been accepted by Us, a contract is formed between you and Us.
8.7 Risk and title to the Products you have ordered passes to you upon delivery of the Products.
8.8 Payment can be made using Visa, MasterCard [or Amercian Express] or automatically via PayPal or any other online payment portal nominated by Us. Payment will be processed as soon as you have confirmed your purchase. By placing your order online via the Site, you warrant that the credit card information you provide belongs to you and you indemnify Us for any breach of this warranty.
8.9 Once You have confirmed purchase, We will send an email to your nominated e-mail address confirming your purchase. We reserve the right not to accept your order to purchase a Product, if certain shipping restrictions apply to your area for delivery or any other reason, including if We reasonably suspect credit card information has been fraudulently provided to Us.
8.10 The range of Products available on the Site may vary. If a Product range is displaying “Sold Out”, please Contact Us and enquire regarding the availability of the Product you are interested in.
8.11 Colours of Products will sometimes vary depending on the quality and make of computer monitors. We will not be liable to You in relation to any Product you purchase via the Site that is not precisely the same colour as you may have observed on your computer monitor.
8.12 Where antique finishes are used on Products, markings and irregularities are considered as typical to the leather We use.
8.13 Skins and other delicate materials should be handled with care. Suede and fabrics should be treated with a protective spray prior to use.
8.14 High heels should be worn with extra care on rough ground and surfaces. Heel tips are replaceable and should be checked regularly for wear. Any jewellery, which is built into our Products is handmade, delicate and is subject to wear. We will not replace lost jewellery after the Product has been subject to wear and tear.
8.15 It is your responsibility to protect your chosen Product from wear and tear by taking any precautions recommended by Us, a reputable shoe repairer or a qualified shoemaker. If the Product is damaged due to wear and tear, to prolong the life of the Product, You should have the Product repaired prior to subjecting the Product to further wear. We will not be liable to you for any wear and tear the Product endures during its life and We do not guarantee the Products will be fit for any specific purpose, use or timeframe.
9.1 Only Members are permitted to make Transactions through the Site.
9.2 All Transactions made through the Site are covered by these Terms and any additional terms or conditions displayed during finalisation of the Transaction via the Site.
9.3 All Products offered on the Site are subject to the restrictions and disclaimers contained in these Terms in addition to any other conditions, which may apply to that Product as notified to you by Us or the manufacturer.
9.4 By completing a Transaction you agree to pay all amounts related to the Transaction including all taxes and delivery charges. Once a Transaction is completed on the Site it cannot be cancelled or reversed unless We specifically authorise such cancellation or reversal in accordance with these Terms.
9.5 Products may be subject to additional terms and conditions. You should review these terms and conditions before making any Transaction for Products.
9.6 You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised:
(a) interception, modification or diversion of a Transaction request or delivery of a Product;
(b) access or copying of details relating to a Transaction (including personal or financial information); or
(c) failure to deliver a Product, where that failure is not directly caused by Our deliberate actions.
9.7 We reserve the right to modify, suspend or cancel any Transaction for any reason.
10.1 We will use any carrier to deliver Products to You, which We will choose in Our absolute discretion.
10.2 When estimating the time to allow for delivery, please take the following into account:
(a) orders placed on the weekend or on a public holiday will be processed the next business day;
(b) orders placed after 12:00pm on any given day will be processed the next business day;
(c) in the case of deliveries within Australia, We recommend you allow 3 business days handling time; and
(d) in the case of international deliveries, We recommend you allow  business days handling time.
10.3 Where delivery is to occur within Australia, if your order does not arrive more than 3 business days after you receive a dispatch confirmation e-mail from Us please Contact Us.
10.4 Where delivery is to occur internationally, if your order does not arrive more than [7 to 14] business days after you receive a dispatch confirmation e-mail from Us, please Contact Us.
10.5 You will receive email confirmation of your Product order upon as soon as practicable after you have made your purchase.
10.6 Your purchased Product will be insured from the point of dispatch to when the parcel is delivered to your nominated delivery location. You must sign for delivery of the parcel. When you sign for delivery, all responsibility for the Product will pass to you and you will be responsible for any damage, loss or theft if the parcel is left unattended at the delivery location.
10.7 We recommend that you have the Product delivered to an address where you will be in attendance between the hours of 9:00am and 5:00pm.
11.1 If you change your mind or have made a wrong decision in relation to a Product:
(a) you must request a returns authorisation from Us in writing within 7 days of the date you received your parcel by e-mailing Us at enquiries [at] tillyrose [dot] com [dot] au;
(b) We will email you with return instructions and a returns authorisation number (RTA Number), which will be valid for 7 days from the date of Our e-mail;
(c) you must include the original invoice and RTA Number with the Product you are returning;
(d) once we have received and processed your return, you will be notified by e-mail; and
(e) we recommend you allow up to 2 weeks from the date of Our receipt of your returned Product for Us to process your refund or exchange.
11.2 To avoid damage prior to making your decision to keep the Product, We recommend You first try the Product on a carpeted surface. We will not accept any return of Products that show signs of wear on the sole, heel or upper of the Product. In addition, a Product will only be accepted for return if the Product packaging is not damaged, such that the Product can be resold by Us after return.
11.3 Subject to these Terms, We will only provide a refund where your delivered Product:
(a) is faulty, such that any damage has not been caused by you either directly or indirectly;
(b) has been wrongly described by Us on the Site; or
(c) is materially different to the Product you ordered on the Site.
11.4 If you return:
(a) an undamaged or non-defective Product seeking a refund and a refund is granted to you by Us, your refund will include the price of the Product as at the date of the transaction but will not include any delivery costs, which must be paid by you; or
(b) a damaged Product (not directly or indirectly caused by you) or a defective Product, we will pay the cost of return delivery of the damaged or defective Product to Us.
11.5 Where the circumstances listed in 11.1 are satisfied, We will otherwise exchange your delivered Product with another Product nominated by you. You will only be entitled to such exchange if your chosen exchange Product is in stock.
11.6 If there is any difference between the price of the delivered Product and your chosen exchange Product:
(a) where the exchange Product is more expensive than the delivered Product, you must pay to Us the difference between the price of the two Products within the timeframe We notify to you; or
(b) where the exchange Product is cheaper than the delivered Product, We will credit your Account with the difference between the price of the two Products as soon as practicable.
11.7 In all cases of exchange for reason of change of mind, you will be responsible for the cost of returning the Product to Us.
12.1 Members may submit or post comments on different sections of the Site.
12.2 By submitting a comment on the Site you grant Us a non-exclusive, irrevocable, perpetual, royalty free and worldwide right to use and deal with your comment as if We were the author or creator of the comment.
12.3 You agree that you will not enforce any Moral Rights you may have in any comment submitted to the Site and you agree that We may use your comments in any manner which We see fit without acknowledgement or reference to your Moral Rights.
12.4 Any comments submitted to the Site become Our property at the time of submission.
12.5 We may remove any comments submitted by you on the Site in relation to Our Products in Our absolute discretion.
13.1 You may cancel your Membership and close your Account at any time.
13.2 We reserve the right, without notice to you and at Our complete discretion, to refuse to register your Account or close your Account if We believe you:
(a) have breached any part of these Terms;
(b) are likely to breach any part of these Terms; or
(c) have acted against Our business interests, reputation or for any other reason.
14.1 By accessing and using the Site you acknowledge and agree:
(a) We own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of or the Intellectual Property is strictly prohibited; and
(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content, Our Intellectual Property or Products.
14.2 You agree to use the Site for lawful purposes only.
15.1 We reserve the right to modify, update or terminate the Site or any part of the Site at any time and at Our absolute discretion, without notice or liability to you.
15.2 Any change or modification to the Site or these Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site then you will be deemed to have accepted those changes or modifications.
16.1 We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on the Site;
(b) site framed within the Site; or
(c) advertisements displayed on the Site.
16.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third party websites described in clause 16.1.
16.3 Hyperlinks are provided on the Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.
16.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
17.1 While we take all reasonable commercial efforts to ensure information regarding the Products listed on the Site is accurate and up-to-date, such information is provided by way of guidance only.
17.2 You recognise the limitations of the Site and nothing can substitute trying on a garment prior to purchase at one of Our stockists. We make no warranties that the online sale of Products via the Site are intended to replace attending one of Our stockists and trying Products before You buy them.
17.3 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Site or Content for any particular purpose.
17.4 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Site.
17.5 Your use of and or reliance upon the Site is entirely at your own risk. When using the Site, information will be transmitted over a medium or platform, which may be beyond Our supervision or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Content transmitted from the Site.
17.6 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our direct control. To avoid doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site.
18.1 To the fullest extent permitted by law:
(a) all conditions and warranties concerning (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products supplied by Us, Our liability to you is limited to the remedies contained in Section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth), which you agree is your only remedy;
(b) in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or your inability to use the Site, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site; and
(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
19.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
19.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not constitute a waiver of any other or of any subsequent breach.
19.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
19.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
1.1 When you register an Account with Us and become a Member, you give us your name and e-mail address. We need this information so We can process your Product order.
1.2 Otherwise, in order to better provide you with Products and services, We collect the information that you give us, which may include personal information that is:
(a) automatically collected by Our system relating to your visit to the website, such as your IP address;
(b) given to us by you when you fill in questionnaires, contact forms or other sections of the Site or when you post or input information to the Site; and
(c) about how you use the Site.
1.3 We do not seek, nor do we collect, personally identifiable information from anyone under the age of 16. If you are under 16 years of age, please ask your parents (or guardian) to register an Account or exit the Site.
2.1 We may use your personal information for the following purposes:
(a) to process and obtain payment for any Products you order from Us;
(b) to provide you with information you request about Our Products or special offers provided by Us;
(c) if necessary, to verify your identity or age; and
(d) to send Direct Communications including providing you with information about new products or services, events, functions and special offers We are selling or conducting.
2.2 From time to time, We may also ask you to participate in surveys or questionnaires. These help Us to improve Our levels of service and to maximise the opportunities and benefits you can enjoy.
2.3 We may also send you Direct Communications electronically updating you about Our Products, services, offers and special offers. You will only receive electronic messages where you have consented to receive them or it can be inferred from your existing business or other relationship with Us, where there is a reasonable expectation of receiving those electronic messages. All electronic messages will identify Us and provide an opportunity for you to unsubscribe to them.
3.1 We currently use contractors to prepare and send mail-outs and deliver Products.
3.2 We will only disclose your personal information to those contractors or other third parties:
(a) to allow your orders to be processed and delivered to you;
(b) to provide you with marketing and other information about Us and Our own or related products and services, if you authorise Us to do so; and
(c) if required or permitted by law.
4.1 We take reasonable steps to ensure your personal information is protected from risks such as loss, unauthorised access or use, destruction, modification or disclosure. Aside from you, We only permit authorised personnel to access your personal information.
4.2 While We take reasonable measures to protect our Site and all information, you should be aware that no internet data transmission can be guaranteed to be totally secure from access by unintended recipients. We will not be responsible for events arising from unauthorised access to your personal information.
5.1 You have the right to access your personal information, which We have collected from you.
5.3 We reserve the right to withhold your personal information where its disclosure to you is restricted by law, is the subject of legal action, or may compromise the privacy of another person.
From time to time, We may give you the choice as to whether or not you wish to participate in promotions, surveys or competitions We are conducting. To take part in these activities, you will be directed to an appropriate mechanism to enable you to sign up. When you sign up you will receive additional information about the terms and conditions that apply to registration and the relevant surveys, competitions or promotions. Please read these carefully as such terms apply in addition to those set out in this policy and could provide you with important information about how personal information collected as part of those activities is dealt with.
7.1 Where marketing information is forwarded to you via electronic messages, there will be a functional ‘unsubscribe’ mechanism contained in the message. If you no longer wish to be contacted by Us or receive Our marketing information, you can unsubscribe or contact Our Privacy Officer.
7.2 We will keep a record of your request to ensure you do not receive that information in the future. However, you cannot ask not to receive information, which We are required to provide you by law.
"Cookies" are small pieces of information sent by a web server and stored by your browser on your computer's hard drive so it can later be read back from that browser. This allows your browser to remember some specific information. Cookies enable Us to store items in your shopping cart and to identify you on return visits. Most browsers automatically accept cookies, but you can usually change your browser to prevent this. However, while most of the content of our web site can be viewed without accepting cookies, the shopping cart features of the Site will not function properly when cookies are disabled.
(a) by email, at enquiries [at] tillyrose [dot] com [dot] au; or
(b) by mail, at the following address:
Attention: Privacy Officer
P.O. Box 361
The Junction NSW 2291