Terms and Conditions

1 INTRODUCTION

This website is published by Belle et Blanc Pty Ltd ABN 62 605 972 843, 569 Sydney Road, Brunswick, VIC, Australia (Belle et Blanc, we, our). By accessing this site, you accept these Website Terms of Use (Terms).

If you have any questions about these Terms or the use of our website, please call our office on (03) 9077 6831, or send us an email at info@belleetblanc.com.au.

2 INTENDED GEOGRAPHIC SCOPE

This website and its contents are only intended for access by persons located in Australia and the laws of that country.  We make no representation that the content and operation of this website will comply with any foreign law.

3 LAWFUL USE

You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by others.

4 EXCLUSIONS OF LIABILITY AND DISCLAIMERS

Subject to non-excludable rights under the Australian Consumer Law, Belle et Blanc, its representatives and associated agents are not liable for any loss whatsoever (direct, indirect, “consequential” or other) which may arise in connection with the use of this website or a Linked Website or from the use of the information, services, links or material contained on this website, or from an inability to use this website howsoever caused. Consequential losses may include, but are not limited to, loss of revenue, loss of profit or anticipated profit, downtime, lost production, loss of reputation, loss of opportunity, loss of anticipated savings or wasted overheads and other losses, whether foreseeable or not. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

The materials and information provided on this website and related communications are provided “as is”.  Belle et Blanc assumes no responsibility for, and makes no representations to you or any other person, as to the accuracy or completeness of the information on this website.

We cannot guarantee that our website will be bug-free or error-free, nor that it will not be down on occasions due to essential maintenance or technical difficulties. Therefore, we do not warrant that the website will be error-free or that it will be available at any given time or on any given day. While we endeavour to keep our website free from viruses and other malware, we strongly recommend that you use adequate protection against viruses and malware (e.g. using virus scanners).  Belle et Blanc does not accept responsibility for any loss, disruption or damage to your data or your computer system which may occur while viewing or otherwise using our website.

5 LINKED WEBSITES

Our website may contain hyperlinks to other websites (Linked Websites).  Belle et Blanc does not control the content of linked websites nor does it control the third parties operating those websites.  We therefore accept no responsibility for the content, availability or operation of any linked website.

6 INTELLECTUAL PROPERTY

Belle et Blanc owns or licenses all intellectual property rights in this website and its content, including, but not limited to, the text, logos, graphics, photographic images, moving images, designs, or other material, including the program and code that operates this website (Content) which are protected by copyright or other proprietary rights. You agree that the Content is protected by the laws relating to copyright, trademarks and intellectual property generally.

The Belle et Blanc name, logo and all product names and/or product images on this website are trade marks (registered or unregistered) of Belle et Blanc, its subsidiaries, affiliates, licensors or joint venture partners.

Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring on you any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property laws.  You must obtain the prior written consent of Belle et Blanc before you download, print, copy, reproduce or adapt (by electronic means or otherwise) any of the Content, except where allowed under Australian law, in which case Belle et Blanc must be acknowledged as the source of the Content.

7 TERMINATION

Belle et Blanc may terminate these Terms and your access to our website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms will survive.

8 GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State.

 

Terms of Purchase

 These Terms of Purchase (“Terms”) apply to the purchase of any gown, accessory orother apparel (“Products”) from Belle et Blanc Pty Ltd (“us”, “our”, “we”) by a customer (“you”, “your”). By providing your signature at the bottom of this form, you acknowledge that you have reviewed these Terms and agree to be bound by them.

Pricing and Product Orders

  1. All Products are subject to availability and quoted prices may change at any time without advance notice up until the time you place your order and pay the deposit (or full price, if applicable). All prices include GST, unless specified otherwise. We reserve the right to accept or reject an order at our discretion.
  2. Orders for gowns require a minimum 50% deposit payment at the time of order, unless otherwise provided in these Terms or agreed between us. If you order alterations for a gown, the cost of those alterations must be paid in full and in advance.
  3. Orders must be placed at least three months in advance of your wedding date, and your wedding date will be used by the manufacturer of the gown as a guideline for their production of the gown. Orders that require delivery in less than three months are subject to additional rush order charges.
  4. We do not accept liability for any change of your wedding date. If the wedding date provided at the time of your order is moved to an earlier date that is less than 3 months from the date on which you advise us of the new wedding date, we cannot guarantee that the manufacturer will be able to meet the new wedding date and additional rush order charges may apply. The quoted delivery date for the gown may not be extended without our written consent. If the wedding date is moved to a later date from the date provided with your order, the quoted delivery date remains unchanged and clauses 11 and 12 will continue to apply.

Gown Size, Design and Colours

  1. ‘Standard sized’ gowns, by their nature, do not provide a customised fit. Therefore, when you order a standard size gown, we take your measurements during our initial consultation to advise you of the closest standard size for that particular gown. You will need to agree on the size of the gown in order for us to complete your order. Once ordered, the gown size cannot be changed without our consent, and where such consent is given additional fees may apply.
  2. ‘Made to Measure’ gowns are produced based on your measurements, which we take during our initial consultation. Variations of up to 1cm may occur during production of the gown. In the event your measurements change by more than 1cm between the measurements on the order and at the delivery of your gown, we may charge you additional fees for alterations required by such change in your measurements.
  3. All gowns shown in photos on our website or displayed on our shop floor (all, “Samples”) are provided as indicative only. Samples may be out of stock, withdrawn from general production or varied by their designers or manufacturers without notice. Where a gown design has been varied from Sample, we will discuss the variation with you during the initial consultation and, if you order the gown as varied, you will accept it upon delivery.
  4. We sometimes make Sample gowns available for purchase at a discounted rate. You acknowledge that Sample gowns may include minor flaws that naturally occur as a result of their exposure to continuous handling and the general conditions of a busy shop floor. Therefore, you agree that you have had an opportunity to inspect the gown and purchase it ‘as is’. Notwithstanding clause 12 of these Terms, Sample gowns must be paid for in full and collected within 14 days of order, or within 14 days of the completion of alterations.
  5. Where bridal gown designs include lace you accept that the pattern or use of lace may not be centred or symmetrical within the design of the gown.
  6. Colours displayed on Samples may vary from the actual fabric colour. As gown makers do not standardise the colour dyes they use, there may be slight differences in dress colour from a Sample or swatch, and you agree to accept these slight colour differences.

Fulfilment of Orders

  1. Our gowns are supplied by third party manufacturers, and while we endeavour to deliver all orders on time, the production time by the manufacturer of your gown may vary depending on the date of order, availability of materials, alteration requirements, postal delays and other circumstances beyond our control. Therefore, we will not be responsible for any damage or loss you may suffer as a result of any delays in the delivery of an order beyond our reasonable control.
  2. We will notify you when your gown has been delivered from the manufacturer to us (“Delivery Notice”),and schedule a fitting (if applicable). It is your responsibility to ensure the contact information we have for you remains current. Fitting appointments for all gowns are subject to availability. We will endeavour to schedule your final fitting on a date near your wedding, but cannot guarantee the availability of any particular appointment date or time. Upon final fitting, the completed gown must be collected within two weeks (“Fitted Collection Date”), unless otherwise agreed by both parties. If you are unable to attend a fitting for a gown within 30 days after the Delivery Notice, you must collect the gown no later than the end of that 30-day period (“Non-fitted Collection Date”), unless we agree otherwise.
  3. The balance of all amounts owing by you to us for a completed order (“Amounts Owing”) must be paid prior to delivery, or upon collection, of that order; but in the case of any gown order the Amounts Owing must be paid no later than the Fitted Collection Date or Non-fitted Collection Date, whichever applies. If we are unable to provide a Delivery Notice to you (i.e. your contact details change and you do not inform us), the Amounts Owing are due for payment on the Non-fitted Collection Date.

Consumer Guarantees, Returns and Limitation of Liability

  1. Under the Australian Consumer Law, you have a right to specific consumer guarantees that cannot be excluded from your order transaction with us (“non-excludable guarantees”), and nothing in these Terms limits, excludes or modifies those non-excludable guarantees. Except for any liability that cannot by law be excluded, including the non-excludable guarantees, we (including our officers, employees and agents) exclude all liability (including negligence) for any personal injury, or any loss or damage, whether direct, indirect, special or consequential (including, without limitation, loss of opportunity and loss of reputation) arising in any way out of your transactions with us.
  2. You acknowledge and agree that, due to the special nature of our merchandise which is made to order, all sales are final and cannot be cancelled. Refunds and exchanges for change of mind, or in circumstances where a wedding has been cancelled, deferred or changed to an earlier date that cannot be met by a gown manufacturer, are not available. We will accept the return of gowns with manufacturing defects only if such defects are reported to us within 14 days of final payment, and on the condition that the gown has not been worn or altered/corrected by you or any third party. Upon our accepting such a returned gown, we will discuss with you the possible steps to rectify the defect, including repair, replacement or refund.