General Terms and Conditions – Ella & Rose Melbourne
Article 1 – Definitions
The following definitions apply to these General Terms and Conditions:
Customer: Any individual who purchases products from Ella & Rose Melbourne, including consumers purchasing products for personal, domestic or household use.
Distance Contract: Any agreement concluded between Ella & Rose Melbourne and the customer through the online store or other electronic means of communication.
Company: Ella & Rose Melbourne, operating through its online store and offering products to customers in Australia and, where applicable, internationally.
Products: All clothing, accessories and other goods offered for sale through the Ella & Rose Melbourne online store.
Change-of-Mind Return: A return requested by a customer who no longer wishes to keep a product, where the product is not faulty and otherwise complies with its description.
Australian Consumer Law (ACL): Schedule 2 of the Competition and Consumer Act 2010 (Cth), including applicable consumer guarantees and remedies.
Article 2 – Business Identity
Company Name: Ella & Rose Melbourne
Country of Operation: Australia
Article 3 – Scope of Application
These Terms and Conditions apply to all products, offers, orders and agreements made through the Ella & Rose Melbourne online store.
By placing an order, the customer agrees to these Terms and Conditions.
Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies available to customers under the Australian Consumer Law or other applicable legislation.
Article 4 – Offers and Pricing
All offers are subject to product availability. Ella & Rose Melbourne reserves the right to modify or withdraw offers, subject to existing orders, applicable law and any specific conditions communicated to customers.
All prices displayed to Australian consumers are stated in Australian dollars (AUD), unless otherwise indicated, and include applicable taxes.
Any applicable shipping charges will be disclosed during checkout before the customer completes their purchase.
For international orders, additional customs duties, import taxes or other charges may apply depending on the destination country. These charges will be the responsibility of the customer where legally applicable and where they have not already been included in the purchase price.
Ella & Rose Melbourne reserves the right to correct genuine pricing or website errors, subject to applicable law. If an order is affected by a material pricing error, the customer will be contacted before any proposed cancellation or adjustment is made, where required by law.
Article 5 – Order Acceptance
After an order has been successfully placed, the customer will receive an order confirmation by email.
An order will be accepted in accordance with the order process communicated on the website. Where acceptance occurs upon confirmation or dispatch, this will be reflected in the relevant checkout and order communications.
Ella & Rose Melbourne reserves the right to refuse or cancel an order in circumstances permitted by law, including suspected fraud, unauthorised payment activity, stock unavailability or a genuine technical error.
If payment has already been received for an order that is cancelled, the customer will be refunded any amount to which they are entitled.
Article 6 – Returns and Right of Withdrawal
Change-of-Mind Returns
Australian law does not generally provide an automatic 14-day cooling-off or withdrawal period for ordinary online purchases.
Ella & Rose Melbourne's change-of-mind return policy, if offered, will be communicated separately on the website and will specify the applicable return period, eligibility requirements and return procedure.
Unless otherwise stated in the applicable return policy, customers requesting a change-of-mind return should contact customer service before sending any product back.
Products returned under a voluntary change-of-mind policy may be required to be unused, unworn, in their original condition and accompanied by their original tags and packaging.
Return shipping costs for change-of-mind returns will be handled in accordance with the applicable return policy.
Faulty, Damaged or Incorrect Products
The requirements for change-of-mind returns do not limit the customer's rights under the Australian Consumer Law.
Where a product is faulty, damaged, incorrectly supplied or otherwise fails to meet an applicable consumer guarantee, the customer may be entitled to a repair, replacement, refund or another remedy depending on the circumstances and the nature of the failure.
Customers should contact Ella & Rose Melbourne with their order details and a description of the issue. Photographs or other supporting information may be requested where reasonably necessary to assess the claim.
A customer's statutory rights will not be refused solely because a voluntary return period has expired or because the original packaging is unavailable.
Article 7 – Refunds
Approved refunds will generally be issued to the original payment method, unless another method is agreed with the customer or required by law.
For voluntary change-of-mind returns, refunds will be processed in accordance with the applicable return policy once the returned product has been received and assessed.
For products covered by the Australian Consumer Law, the customer's entitlement to a refund or other remedy will depend on the circumstances and the applicable legal requirements. Refunds will be provided within the time required by law.
Where a product has been damaged through misuse or ordinary wear and tear after delivery, or where another circumstance affects the customer's entitlement under applicable law, the requested remedy may not be available.
Nothing in this section limits any non-excludable consumer rights.
Article 8 – Customs, Duties and Taxes
For orders delivered within Australia, applicable taxes and charges will be handled in accordance with Australian law and the pricing information provided at checkout.
For international orders, customers may be required to pay customs duties, import taxes, customs clearance fees or other charges imposed by the destination country.
Unless these charges are included in the order price or otherwise required to be paid by Ella & Rose Melbourne, responsibility for such charges will rest with the customer where permitted by law.
Ella & Rose Melbourne is not responsible for delays caused by customs inspections or procedures outside its reasonable control.
Customers are encouraged to check the import requirements applicable to their destination before placing an international order.
Article 9 – Payment Processing and Regulatory Compliance
Payments are processed through the payment methods made available at checkout.
Customers must provide accurate payment information and use a payment method they are authorised to use.
Ella & Rose Melbourne and its payment service providers will comply with applicable laws and regulatory requirements relating to payment processing, fraud prevention, privacy and transaction reporting.
European Union payment-reporting requirements, including the Central Electronic System of Payment Information (CESOP), will apply only where legally relevant to the transactions and parties concerned.
Article 10 – Product Quality and Consumer Guarantees
Ella & Rose Melbourne aims to ensure that its products are accurately described and meet applicable quality and safety requirements.
Products supplied to Australian consumers are subject to the applicable consumer guarantees under the Australian Consumer Law. Depending on the product and circumstances, these guarantees may include requirements relating to acceptable quality, fitness for disclosed purpose, correspondence with description and other applicable standards.
If a customer receives a faulty, damaged or incorrect product, they should contact customer service with their order details and a description of the issue.
Supporting photographs or other relevant information may be requested to help assess the issue.
The remedy available will depend on the circumstances and the customer's rights under applicable law.
Any voluntary notification period or product warranty offered by Ella & Rose Melbourne does not remove or reduce rights that cannot legally be excluded, including applicable rights under the Australian Consumer Law.
Article 11 – Shipping and Delivery
Delivery estimates displayed on the website are estimates only unless a specific delivery commitment has been made.
Ella & Rose Melbourne will take reasonable steps to process and dispatch orders in accordance with the information provided at checkout.
Delivery may be affected by courier delays, customs procedures, severe weather, public holidays or other circumstances beyond the company's reasonable control.
Customers are responsible for providing accurate and complete delivery details. If an order cannot be delivered because the customer supplied incorrect information, additional delivery charges may apply where permitted by law.
If an order is delayed, lost or not delivered, customers should contact Ella & Rose Melbourne so the matter can be investigated.
Failure to pay applicable customs charges or comply with import requirements may affect international delivery. Any resulting cancellation, return or refund will be handled in accordance with applicable law and the relevant order terms.
Nothing in this section excludes any consumer rights relating to delivery, non-delivery or a failure to supply products as agreed.
Article 12 – Complaints
Customers who have a complaint about a product, order or service should contact Ella & Rose Melbourne through the customer service email listed on the website.
Customers are encouraged to provide their order number, a description of the issue and any supporting information that may assist with the investigation.
Ella & Rose Melbourne will review complaints and aim to provide a response within a reasonable timeframe.
Additional information may be requested where necessary to investigate or resolve the complaint.
Customers are encouraged to raise issues as soon as reasonably practicable. However, no voluntary complaint deadline will restrict a customer's rights under the Australian Consumer Law or other applicable legislation.
Article 13 – Governing Law and Disputes
These Terms and Conditions are governed by the laws applicable in Australia, including the Australian Consumer Law, to the extent applicable.
Where relevant, the laws of the Australian state or territory applicable to the transaction will also apply, subject to any mandatory legal requirements.
If a dispute arises, the customer and Ella & Rose Melbourne will endeavour to resolve it through good-faith communication.
If the dispute cannot be resolved informally, either party may pursue the remedies available through the relevant consumer protection authority, tribunal or competent court.
Nothing in these Terms and Conditions limits any mandatory rights or protections available to consumers under applicable Australian law.