Terms and Conditions
As a valued customer of Amy Louise Dance, we would like you to be familiar with our trading terms to ensure that your experience is a satisfying one. Please feel free to speak with one of our staff if you have any questions.
1.1 These Terms and Conditions (together with our Shipping Policy and the Returns and Exchange Policy) informs you of Amy Louise Dance’s Terms and Conditions which we supply any of our products either listed on our website at www.amylouisedance.com (“Website”), through mail order catalogue, by telephone, fax, email, letter or through direct sales at exhibitions or events. If you do not accept these Terms and Conditions you must refrain from using this website or making a purchase from this Website.
1.2 Serendipity Trading Group Pty Ltd trading a is registered in Australia (ABN: 17 620 085 190) (Trading as “Amy Louise Dance”), and its related bodies include ("Amy Louise Dancewear"), of P.O. Box 4980 Robina Town Centre, Qld 4230 Australia (“us”, “our”, “we”, “Amy Louise Dance”), carries on business from the Website.
1.3 The majority of goods and services described on this website are available from Amy Louise Dance only.
1.4 Please read these Terms and Conditions carefully before placing an order with us. You should understand that by ordering any of our Products, you agree to be bound to these Terms and Conditions.
1.5 You and Amy Louise Dance may enter into a sale contract for the sale and supply of products and services described on this Website, by making an offer to Amy Louise Dance via the website to purchase the goods and services at the specified price, subject to these Terms and Conditions.
1.6 The Serendipity Trading Group Pty Ltd trading as Amy Louise Dance logo and words are registered trademarks of Serendipity Trading Group Pty Ltd.1.7 In these Terms and Conditions:
1.7.1 “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
1.7.2 Reference to a “third party” in these Terms and Conditions includes a reference to any agent or contractor of Amy Louise Dance or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of this Website or in the fulfilment of Orders made through the Website and includes any of them.
1.7.4 “Order” means an offer made by you in a response to an invitation to treat made by Amy Louise Dance via the Website.
1.7.5 Our “Products” include all products in our standard stock range (“Standard Products”), as well as products and/or services which are not included in our standard stock range and/or are produced to a customer’s specification (“custom products”). Our Standard Products and our Custom Products are together referred to as ‘Products’ in these Terms and Conditions where the context is required.
2. Legal Capacity
2.1 By placing an order through our Website, or via the other methods set out at Clause 1.1, you warrant that you are legally capable of entering into binding contracts2.2 Any Order and/or purchase made by you using this Website is an acknowledgement by you that you:
2.2.1 are over the age of eighteen (18) years;
2.2.2 accept these Terms and Conditions;
2.2.3 agree that you have entered into a legal contract with Amy Louise Dance in relation to these Terms and Conditions;
2.3 Amy Louise Dance reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Amy Louise Dance may suffer as a result of a transaction entered into by a minor.
3. Contract of Sale
3.1 Once a Product is ordered, you will:
3.1.1 If ordered via the Website, receive an email acknowledgement of your order with a copy of the invoice;
3.1.2 For custom products and/or Services, a specification will be agreed and confirmed between you and Amy Louise Dance; or
3.1.3 For all other orders, an acknowledgment of your order is only provided upon request by you, otherwise the order is fulfilled in accordance with these Terms and Conditions.
3.2 All orders are subject to these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document). Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
3.3 Dispatch dates for Products are estimated and we will use all reasonable endeavours to provide the Products to you by the estimated date provided by us in accordance with our Shipping Policy and the following:
3.3.1 For Standard Products, we will dispatch within seven (7) working days from the contract of sale, but there is no guarantee of this time; or
3.3.2 For custom products and/or Services, we will provide as per the stated date in our confirmation of your order, once a specification has been agreed between you and Amy Louise Dance
If we delay beyond our anticipated dispatch time (e.g. we are out of stock), we will endeavour to contact you as soon as possible to advise you of an expected delivery date, or agree to alternative options with you.
3.4 No other Terms or Conditions endorsed upon, delivered with or contained in your purchase order, confirmation of order, specification or other document shall apply.
3.5 No variation to the order or these Terms and Conditions shall be binding unless agreed in writing by Amy Louise Dance and subject to Clause 5.
4. Ordering Standard Product
4.1 Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item at a lower cost elsewhere. We recommend you carefully preview any proposed Order before adding it to your shopping cart and proceeding with your Order.
4.2 Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order and is subject to administration fees.
4.3 Your online Order must be paid for in full before we can dispatch the order to you.
4.4 Representations of products for sale made by Amy Louise Dance via the Website do not constitute an offer to sell, but an invitation to treat.
4.5 You and Amy Louise Dance may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the Website by:
4.5.1 Placing an electronic Order for the products using the Website;
4.5.2 You confirming the Order details in accordance with the procedure on the Website;
4.5.3 You making payment in full (plus any applicable delivery charges) on the Website; and
4.5.4 The acceptance of that offer by Amy Louise Dance.
4.6 When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) Amy Louise Dance receives in its account full payment from you for the product (including any applicable delivery and/or handling charges) and confirmation of that payment is received by our database.
4.7 You acknowledge that:
4.7.1 The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Amy Louise Dance for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
4.7.2 To the extent permitted by law, Amy Louise Dance is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;
4.7.3 Amy Louise Dance may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you; and
4.7.4 Amy Louise Dance may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
4.8 You will receive an email from Amy Louise Dance as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at sales[at]amylouisedance.com.
4.9 If your Order is not accepted by Amy Louise Dance we will notify you by telephone or email and arrange for a refund of the price paid for the Products in accordance with our Refund and Exchange Policy.
4.10 Amy Louise Dance may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the Website, or an error in your Order.
4.11 Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Amy Louise Dance cannot supply a particular product, we will notify you by telephone or email as soon as possible.
4.12 Amy Louise Dance will be deemed to have accepted your Order upon the issue to you by email of a tax invoice for the sale and the fulfilment of your Order. If you have any questions regarding your Order you may contact us at email@example.com.
4.13 If you have any query about the progress of your Order please contact us at firstname.lastname@example.org. Please have your Order number ready as shown on your email confirmation.
5. Orders for Custom Product(s)
5.1 The procedure for ordering custom product(s) from Amy Louise Dance is set out on the Website.
5.2 Custom Orders are only deemed to be accepted by Amy Louise Dance when formal written acceptance has been communicated by you via email sales[at]amylouisedance.com or by fax. The contract between us will only be formed when we accept your order and will only relate to those Products whose order we have accepted.
5.3 If you wish to have custom products provided to you, then you accept that Amy Louise Dance has no liability for errors or defaults in custom product(s) which are caused by erroneous specifications supplied to Amy Louise Dance by you or your authorised representative. More specifically, if the custom product(s) that you have ordered is a garment that is being designed/created on your behalf, then if you complete the Customer Order Form and the Measurement Form provided on the Website, for us to work from, then Amy Louise Dance shall not be liable in respect of any problems arising as a result of incorrect measurements being provided by you.
5.4 Any specifications, measurements or designs supplied by you or any designs specifically produced by Amy Louise Dance in connection with the purchase of Product(s) together with copyright, design right or any other intellectual property rights shall at all times vest in and remain the exclusive property of Amy Louise Dance. You agree to indemnify us in respect of any losses, damages, costs or expenses that Amy Louise Dance may suffer as a result of any infringement of third party intellectual property rights or other proprietary rights, resulting from the specifications, measurements or designs supplied by you.
5.5 Amy Louise Dance shall not be liable in respect of any alleged defect in the Product(s) as a result of any specification made by you against the advice of Amy Louise Dance.
5.6 If you have any query about the progress of your Order please contact us at email@example.com. Please have your Order number ready as shown on the email confirmation.
6.1 All prices shown are in Australian dollars and include Australian GST as well as standard shipping for Australian Orders only. For all other non-standard Australian Orders please refer to our Shipping Policy.
6.2 Australian GST does not apply if goods are to be sent to any country outside Australia. For information please contact us at firstname.lastname@example.org.
6.3 The price of Products will be as quoted on our Website and on various signs or labels on the Products themselves or in our catalogue or at our showroom or at exhibitions or events, except in cases of obvious error.
6.4 If there are additional costs in relation to the design, creation or alteration element of Amy Louise Dance’s services (including but not limited to the custom products, then such costs will be confirmed to you in writing prior to an order for the Products being placed with us, or at such time as any additional alterations are requested by you. The price shall be confirmed to you at the time we confirm your order and the contract between us comes into existence.
6.5 Amy Louise Dance reserves the right to make any changes to the prices as necessary without notice. However such changes will be made and notified to you prior to the contract between us coming into existence. In particular, Amy Louise Dance reserves the right to charge the correct price for Products if an incorrect price has erroneously been published in any marketing material including printed material, electronic media, and all other forms of communication.
6.6 Images of products shown without any advertised price beside that image are not offered for sale via the Website. For information please contact us at sales[at]amylouisedance.com.
6.7 Unless otherwise stated, any accessories shown in any image of products are not included in the price.
7.1 All payment to Amy Louise Dance must be made in full prior to dispatch of the product unless specific credit arrangements are agreed in writing, in which case Amy Louise Dance shall be entitled to invoice for the Products upon dispatch or deemed delivery in accordance with Clause 9.1.
7.2 Payments for purchases from the Website must be made via PayPal or Amy Louise Dance Gift Vouchers.
7.3 For custom products, payment is by way of a non-refundable deposit of 50% before any work commences. Such deposit is payable, via Bank Transfer or Amy Louise Gift vouchers at the time of confirming your order after the design appointment. Payment must be made in advance for Products, or on terms individually agreed to by us in writing.
7.4 In the event that payment is not made on the due date, Amy Louise Dance reserves the right to:
7.4.1 withhold delivery of any further Products;
7.4.2 require advanced payment on all Products; and
7.4.3 charge interest (both before and after judgement) on the amount unpaid at the rate of 3% above the base lending rate of the ANZ Bank from time to time.
7.5 When you return any Products to us, it is subject to our Returns and Exchange Policy:
7.5.1 If, in your opinion, a custom products requires alteration or amendments, then please discuss this with us when you collect your dress from us, or immediately contact us upon receipt of your order.
8. Consumer Cancellation Rights
8.1 Only if you are contracting as a consumer (i.e. for purposes outside of your business) and you place your order via the Website, telephone, fax or email, you may cancel a contract with us at any time within seven (7) working days, beginning on the day after you receive the Products, unless the Product ordered is a custom product and work in connection with the custom product has commenced, in which case the right to cancel shall crease upon commencement of any work in connection with the custom products
8.2 If you are entitled to cancel your contract with us in accordance with Clause 5.1, you will receive a refund of any price paid for the Products in accordance with our Refund and Exchange Policy.
8.3 No refunds shall be made to a customer after the seven (7) working day period has expired.
8.4 To cancel a contract in accordance with Clause 5.1, you must follow the procedure for return as per our Refund and Exchange Policy, including must returning the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.5 This provision does not affect your statutory rights.
9.1 Delivery of the Products shall be made by Amy Louise Dance to you as per our Shipping Policy, either by posting the Products to you using Australia Post, by courier or other suitable method of transport, or by collection of the Products from our showroom, as notified to you by us.
9.2 Any dates quoted for delivery of the Products are approximate only and Amy Louise Dance shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Amy Louise Dance in writing.
9.3 Any charges relating to import tax, duty or Australian Customs clearance of Products into a country designated by you shall be paid for and arranged by you. Amy Louise Dance reserves the right to not deliver Products to a specific country designated by you.
9.4 If delivery of an order is rejected by you for any reason whatsoever Amy Louise Dance reserves the right to charge you a restocking charge of 25% of the order value together with any other charges incurred for returning the Products.
9.5 Amy Louise Dance must be notified of any shipments which may have been tampered with or of any Products missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments.
9.6 Should you arrange your own delivery then the goods become your responsibility upon collection from Amy Louise Dance at premises to be agreed to by the parties.
10. Risk and Passing of Title in Property
10.1 The Risk in respect of the Product(s) sold will pass to you upon dispatch from Amy Louise Dance. Carriers require that all claims be notified in writing within 7 days of receipt of Products and that non-delivery be notified within 14 days of the date of dispatch, 21 days for overseas. Claims notified after this period will not be recognised.
10.2 The Title to Products will pass to you upon receipt of full payment by Amy Louise Dance.
10.3 Notwithstanding delivery and passing of Risk in the Product(s) or any other provision of these conditions, the property and ownership in the Product(s) shall not pass to you until Amy Louise Dance has received in cash or cleared funds payment in full of the price of the Product(s) and all other products agreed to be sold by Amy Louise Dance to you for which payment is then due.
10.4 Until such time as the property in the Product(s) passes to you (and provided the goods are still in existence and have not been resold), Amy Louise Dance shall be entitled at any time to require you to deliver up the Product(s) to them and if you fail to do so forthwith to enter upon any premises of your or any third party where the goods are stored and repossess the Products.
11. PayPal Fraud
11.1 The Website employs the latest’s secure sockets technology from PayPal payment gateway to secure our payment system.
11.2 To the extent permitted by law Amy Louise Dance will not b e responsible for any damages or consequential losses (whether direct or indirect)suffered by a user where a PayPal account is fraudulently used or is used in an unauthorised manner.
12. Disclaimer and Indemnity
12.1 To the extent permitted by law, each of Amy Louise Dance exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
12.1.1 Errors, mistakes or inaccuracies on the website;
12.1.2 You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
12.1.3 Personal injury or property damage of any kind resulting from your access or use of the Website;
12.1.4 Any unauthorised access to or use of the websites secure servers;
12.1.5 Any interruption or cessation of transmission to or from the Website;
12.1.6 Any bugs, viruses, Trojan Horses or other harmful code or communications which may be transmitted to or through the Website by any third party; and/or
12.1.7 The quality or fitness for any purpose of any linked sites.
12.2 Except as expressly provided in these terms, and to the fullest extent allowed by the law, Amy Louise Dance and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Website.
12.3 You will at all times indemnify, and keep indemnified, Amy Louise Dance and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
12.4 This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
13. Warranties and Liabilities
13.1 Subject to the terms and conditions set out below, Amy Louise Dance warrants that the Product(s) will correspond with their description on the Amy Louise Dance Website, or to any agreed specification for custom products, if applicable.
13.2 The warranty in Clause 13.1 is given by Amy Louise Dance subject to the following conditions:
13.2.1 Amy Louise Dance shall be under no liability in respect of any defect arising from fair wear and tear, your wilful damage, your negligence, abnormal working conditions, failure to follow Amy Louise Dance instructions (whether oral or in writing) misuse or alteration or repair of the Products(s) without Amy Louise Dance prior written approval.
13.2.2 Amy Louise Dance shall be under no liability as to the quality of the Product(s) beyond the occasion of their first use.
13.2.3 Amy Louise Dance’s warranty is limited in respect of slight variation in colour, this is due to variation between replication of the beads and decorative products or fabrics during the manufacturing process. Amy Louise Dance does not guarantee colour to be identical to that appearing on its Website.
13.2.4 No warranty is given by Amy Louise Dance in respect of fitness for the purpose intended by you. It is your responsibility to ensure that Product(s) are specified by the customer or its representative.
13.2.5 Amy Louise Dance will not accept responsibility for the suitability or strength of fabrics insisted upon by a customer
13.2.6 Any claim by you which is based on a defect in quality or condition of the Product(s) or their failure to correspond with any applicable specification, or description shall be notified to Amy Louise Dance within seven (7) business days of the purchase of the Product(s).
13.2.7 In the event that a fault is accepted by Amy Louise Dance, the Product(s) (except custom products created specifically provided on your behalf) will be replaced free of charge by return post subject to availability provided the Products have been returned reasonably packed and received by us within ten (10) business (Australia) and twenty (20) business days (International) of the notification email of your intention to return the items.
13.2.8 In relation to custom products, if the item requires alteration in any way, or you claim it is defective in quality or condition, then you must notify us when you collect your custom products from us, or within seven (7) business days of delivery of the custom products to you so that we can discuss any alleged defect with you in order to undertake any necessary repairs or replacements that Amy Louise Dance deem necessary in its absolute discretion.
13.2.9 Where the Product(s) are sold to a consumer, your statutory rights are not affected by these Terms and Conditions.
13.3 If any Product(s) ordered by you arrives damaged or is not of acceptable quality, you may have:13.3.1 Rights under our Refund and Exchange Policy
13.3.1 Legal rights and remedies in Australia under the Competition and Consumer Act (Cth) 2010 (Australian Consumer Law) and other rights under other consumer laws applying in each Australian State and Territory; and/or
13.3.3 To have the Product(s) repaired or preplaced or to receive a refund of the price paid subject to the Competition and Consumer Act (Cth) 2010 (Australian Consumer Law).
13.4 Please choose carefully as Amy Louise Dance will generally not provide you with a refund or exchange simply because you changed your mind or the Product(s) was not what you were expecting.
13.5 If your Order arrives damaged, please contact us immediately at email@example.com.
13.6 Our liability to you for losses, liabilities, claims, cost, damages and expenses that you suffer as a result of us breaking our contract with you is strictly limited to the purchase price of the Product(s) you purchased.
13.7 Nothing in these Terms and Conditions excludes or limits our liability for:
13.7.1 Death or personal injury caused by our negligence;
13.7.2 Matters under the Competition and Consumer Act (Cth) 2010 (Australian Consumer Law); and/or
13.7.3 Any matter for which would be illegal for us to exclude, or attempt to exclude, our liability.
13.8 The Product(s) are not toys and are not suitable to be used for playing with by children. The Product(s) should be kept away from children to avoid any misuse or damage.
13.9 We are not responsible for indirect or consequential losses, liabilities, claims, cost, damages and expenses which happen in connection with a breach by us, or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract of otherwise, even if foreseeable.
13.10 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside of our reasonable control (‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited to, strikes, lock-outs, riots, civil commotion, acts of terrorism, war, fire, explosions, storms, floods, earthquakes, impossibility of the use of railways, shipping, aircraft, motor transports or other means of public or private transport, or acts of God. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
14. Privacy and Personal Information
15. Governing Law
15.1 The formation, existence, construction, performance, validity and all aspects of these Terms and Conditions shall be governed by the laws of Queensland, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Queensland, Australia.
15.2 If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
15.3 Amy Louise Dance makes no representations that the content of the Website complies with the laws of any country outside Australia.
16.1 If any provision of these Terms and Conditions is found to be void, invalid or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Amy Louise Dance.
17.1 Any notice required by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provisions for the party giving the notice.
17.2 The contract between you and Amy Louise Dance is personal between you and us. You may not transfer, assign, charge or otherwise dispose of this contract or any of your rights or obligations under it, without our prior written consent.
17.3 If Amy Louise Dance merges, sells or otherwise change control of its business or this Website to a third party, Amy Louise Dance reserves the right, without giving notice or seeking consent, to transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any or our rights or obligations arising under it, at any time during the term of the contract.
17.4 The failure by Amy Louise Dance to exercise or enforce any right or provision under the Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Amy Louise Dance.
17.5 No waiver by Amy Louise Dance of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.6 The parties do not intend that any of these Terms and Conditions shall be enforceable by any person that is not a party to the agreement.
17.7 In these Terms and Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
17.8 These Terms and Conditions and any document referred to in them represent the entire agreement between us and in relation to the subject matter of any contact between us for the sale of Product(s) and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We both acknowledge that neither of us has relied on, and shall not be liable in respect of, any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in the Terms and Conditions (except in the case of any fraudulent misrepresentation).
17.9 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that you order the Products from us, unless any change to our policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously place by you), or if we notify you of the change to our policies or these Terms and Conditions before we send you any relevant order confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (7) business days of receipt by you of any relevant order confirmation).