Terms & Conditions
Information about the website and the goods
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
- The colours which are shown for the Goods on the Website will depend on many factors – including your display settings;
- All sizes and measurements are approximate;
- All Goods are subject to availability - we may not be able to supply your order;
- Any delivery estimates given on the Website or by email are estimates only;
- The Goods and promotions which are offered on the Website may not be available in-store, and vice-versa
Buying and reserving the goods and delivery
This Part sets out some terms which apply to your purchase or reservation of Goods from us through the Website.
You make an offer to purchase a product from us (your "Order") by completing the staged process on the Website as set out below:
Adding product to your shopping basket;
Checkout step 1 – Login details;
Checkout step 2 – address details;
Checkout step 3 – payment details; and
Confirmation of order.
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods.
We must receive full payment both of the price of the Goods and any delivery charges before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your Goods for dispatch.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we dispatch that product to you or to your nominated store as selected by you and send you an Order dispatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order dispatch email. A product which is not available will not be included in the contract for a product which is dispatched.
All prices are, unless otherwise stated, inclusive of GST and other applicable taxes.
All prices and charges on the Website are in Australian Dollars. Delivery charges may apply and these will be displayed in the order process.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
We endeavor to ensure that the Products that you order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither Karen Millen or our nominated carrier shall be under any liability for any delay or failure to deliver the Products within the estimated time frame.
Risk of loss and damage of Products passes to you on the date and time of delivery of the Products.
Orders cannot be returned or exchanged in stores.
If you wish to return your garment, we will offer a full refund under the following conditions: (1) All garments must be returned in their original condition, with all tags attached (2) If the garment shows any signs of wear, including stains, perfume/cigarette smells, or material damage, we will return the garment to you without a refund. (3) Garments must be posted back to us within 14 days of purchase in the original box provided. If we do not receive the garments within 14 days and in the box provided we will return the garment without a refund. (4) We will not refund any garment that is a special order or has been altered in any way (5) We do not offer refunds on sale items except where required by law
We will not accepts returns at any of our outlets in Perth. All garments must be posted to:
Unit 1, 266 Stirling St
If the package shows any signs of damage on arrival, please inspect the contents before signing off on the delivery. If there is damage to the item, you will need to ask the postman to sign it 'Damaged Delivery'. Please notify us immediately if this occurs.
Please note: our in-store purchases are governed by separate terms and conditions. Please consult our sales staff at any one of our stores if you would like further details on in-store purchasing and returns.
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 as amended or superseded from time to time. If you wish, you may notify us by email email@example.com that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to us in the manner specified in the above paragraph. Nothing under these terms and conditions affects your statutory rights.
General Terms Relating to our Relationship With You
This part sets out some general terms that govern our relationship with you and purchases by you.
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control, including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
We warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue; loss of business; loss of profits or contracts; and loss of anticipated savings.
We reserve the rights to take any customer account out of use, or terminate any membership to our customer loyalty programs at any time if it is believed that the website, the products and services available through it, and/or such membership to Tokay Boutique are being misused.
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
The intellectual property rights in all software and content made available to you on or through the Website is our property or the property of our licensors and all such rights are reserved by us and our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
Tokay Boutique is a trade mark belonging to us and no license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without our written permission. The celebrities named or featured on tokayboutique.com.au or www.facebook.com/tokayboutique have not endorsed recommended or approved any of the items offered on the site.