TERMS OF USE
These terms set out the agreement for online trading between Forsoul The Label (ABN 17544937311) ("Forsoul The Label") and the user of this website ("You/Your") Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
This Website is owned and operated by Forsoul The Label.
Placing an Order and Payment
By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.
Payment must be made at the time of submitting the Purchase Order. Payment can be made by Visa, MasterCard, Amex or PayPal only. You warrant that You are an authorised user of the credit card, Afterpay account, zipPay account or PayPal account used to complete payment.
All Purchase Orders placed through this Website are subject to confirmation and acceptance by Forsoul The Label. We will email you with confirmation of the receipt of Your Purchase Order. Forsoul The Label may reject Your Purchase Order for any reason and refund any payment made by You, at any time prior to dispatch.
The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.
Forsoul The Label may vary prices in the event of price changes or mistakes on this Website without prior notice to You. If Forsoul The Label requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase.
Prohibition on Resale
Forsoul The Label reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not purchase any products for the purpose of using, selling or supplying them as part of a commercial business. This includes using our products to advertise or promote your own goods or services unless you have our prior written consent.
Gift Cards
Gift Cards may only be redeemed at the Forsoul The Label website. Gift Cards are not valid to be redeemed at any Forsoul The Label stockist. Gift Cards are valid for three (3) years from the date of purchase. Gift Cards are not redeemable for cash. Unfortunately, Forsoul The Label does not take responsibility for any lost or stolen Gift Cards.
When purchasing with a Gift Card, you may still be required to enter your credit card details in order to verify your purchase. If your Gift Card is for the full amount of your order, your credit card will not be charged.
Promotional Codes
From time to time Forsoul The Label has special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Unless otherwise specified each promotional code may only be used once per customer.
Return Policy
All sales are subject to our Returns Policy.
Faulty Policy
Every product we send out is initially quality controlled, however if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law or similar legislation, happily replace it or refund the cost. Please see our Returns Policy for further information. Please note that wear and tear in the course of normal use is not considered a manufacturing fault.
Security
This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the site, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
Forsoul The Label does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
Limitation of Liability
To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If Forsoul The Labe is liable for breach of an imposed guarantee or implied warranty or representation, Forsoul The Label’s liability is, at its option limited to the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired.
Forsoul The Label has provided information on this website as accurately as possible. We take all reasonable care - in so far as it is in our power to do so - to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.
Your Use of the Website
You agree that You will use this Website in accordance with these terms and conditions and that You will not use this Website for any unlawful purpose.
You will not violate or attempt to violate the security of this Website. You will not hack into this Website, Forsoul The Label computer systems or the computer systems of other users of this Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer.
As you browse Forsoul The Label, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with Spell Designs. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of AdRoll targeted advertising.
By entering this Website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. Forsoul The Label reserves the right to change this Agreement at any time. Any such changes will be posted on this Website.
Website Availability
From time to time down-time, either scheduled or unscheduled, may occur. Forsoul The Label will work within reason to ensure the amount of down-time is limited. Forsoul The Label will not be held liable for the consequences of any down-time.
Competitions
We run competitions and contests on our Website and blog in which we may ask for subscription email information and membership. The terms and conditions of each promotion is at the discretion of Forsoul The Label and are subject to change.
Intellectual Property
Forsoul The Label owns the intellectual property in its garment designs, fabric designs and images. Forsoul The Label prohibits the use of its designs and images for any purpose without prior written permission from Forsoul The Label.
Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual and personal use no part of this Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Forsoul The Label or by other parties that have licensed their material to Forsoul The Label. Forsoul The Label trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Spell Designs.
All rights not expressly granted are reserved.
This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Forsoul The Label direct control and Forsoul The Label accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to this Website).
You acknowledge that Forsoul The Label is entitled to require you to remove any link from another website to this Website which you install without obtaining Forsoul The Label prior written consent.
Termination
Forsoul The Label reserves the right to terminate the agreement to supply Products to you at any time before the Products are dispatched to you. Forsoul The Label shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
If the Product has not been delivered to You prior to any termination of this Agreement by Forsoul The Label, Forsoul The Label will refund to You any payment You have made prior to termination.
Forsoul The Label may terminate the agreement under which you can use this Website immediately without notice if you are in breach of any term of this agreement.
International Orders: Tax and Duties
It is important to be aware that Custom policies vary from Country to Country, with this in mind you may be subject to overseas custom duties and/or other taxes. If such costs do occur, they are payable by the recipient. To minimise any surprises please be sure to check with your local customs office for further information prior to finalising your purchase.
Pre- Orders
From time to time you may be given the chance to make an advance payment for certain items prior to their launch and/or arriving into stock. In this case, our Pre-Purchase facility allows you to order and pay for this item prior to its launch, so that you will receive this item as a priority once it has been delivered into stock.
 Your rights regarding Pre-Purchase are the same as those for any other purchases on the Forsoul The Label website. All items available for Pre-Purchase will be clearly identified in the description for that item along with the expected date of delivery.  Alternatively, you may simply choose to register your email address for notification of arrival of the selected garments not held in stock. Items received into stock will be pre-allocated to satisfy Pre-Purchase orders a priority to customers on the waiting list, or customers ordering through the site for immediate delivery.
Please be aware that in some circumstances we may be unable to deliver selected advance payment merchandise due to production problems or other issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the advance payment to your credit/debit card within 14 days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our site, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please be aware that on occasion certain products that are in particularly high demand may sell out during this period.
Entire Agreement
This Terms of Sale and Use of Website Agreement together with the other policies on this Website are the entire agreement between us.
Governing Law
This Agreement will be governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
Severability
If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this agreement is not affected.
Definitions
"Agreement" means the terms and conditions that apply to the use of this Website which may be amended from time to time.
"Product/s" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the product.
"Website" means internet website with the URL www.forsoulthelabel.com and associated websites.
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