FULL TERMS & CONDITIONS            

Copyright November 2014

Please take the time to read the terms & conditions of Cherry Collins, which apply to all the goods and services offered by Cherry Collins, collectively governs the use of all Cherry Collins goods & services and applies to the entire agreement between Cherry Collins and the client. By placing an order for any goods or by agreeing for Cherry Collins to supply any service, you agree to be bound by these terms & conditions of trade, and its amendments that are made from time to time, without notice and with discretion. Because variations to these terms and conditions can be made at any time we encourage you to check our policies regularly.

DEFINITIONS:

 “Client” means the person(s) purchasing the goods or services, and if there is more than one client, is a reference to each client jointly and severally, including any agent. 

“Change of mind return” means any return of a good that is correctly described, is safe, of acceptable quality and not faulty, due to the client’s change in desire to possess the goods.

“Cherry Collins” means ABN 74 225 811 482, its employees and agents.

“Custom order” means any good(s) that has been made to a client’s specifications and which differs from the original good offering, including but not limited to colour, fabric and size.

Goods” means any product supplied by Cherry Collins to the client including garments, clothing, accessories and packaging.

“Final sale goods” means goods that are discounted by 50% or more when compared to the recommended retail price.

“Online returns” means the return of any good that was purchased through the Cherry Collins website.

Price” means the price payable for the goods and services as agreed between Cherry Collins and the client in accordance with these terms and conditions. 

 “Service” means all services by Cherry Collins to the client and includes any advice, recommendations, delivery and use of the Site.

“Site” means www.cherrycollinsofficial.com.

“Terms” means these Terms and Conditions, Terms of Service and Terms of Use.

 

DISCLAIMER

The information contained on the Site is for general information purposes only. The information is provided by Cherry Collins and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, goods, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The client agrees that the display of goods or services for sale on the Site are an invitation to treat.

Cherry Collins may in its sole discretion reject or not accept your offer to purchase any goods or services for sale on the Site in its sole discretion and for any reason.

Cherry Collins shall not be liable for any indirect or consequential damages.

Every effort is made to ensure the efficient operation of the Site and Services and that the information contained within the Site is accurate at all times. However, Cherry Collins takes no responsibility, and will not be liable for the Site becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.

 

GENERAL

These Terms and Conditions contain the entire agreement between the client and Cherry Collins relevant to the goods and services, and no regard shall be had to any other dealings, unless it is agreed by Cherry Collins.

All custom orders must be paid for in full and are subject to our returns policy.

 In this policy, the words ‘we’, ‘our’, ‘us’, ‘Cherry Collins’ and ‘Site’ refer to www.cherrycollinsofficial.com and Cherry Collins Sole Trader.

Cherry Collins is entitled, at its sole discretion, to amend, add or remove any part of the Terms at any time without notice. You should review this Privacy Policy from time to time to ensure that you are up to date with any such amendments, additions or removals.

Please read these Terms & Conditions and the Privacy Policy for our goods sold online, which is available via the internet (collectively, the ‘Agreement’) carefully before using the Site and/or the other domains, goods, services and/or content provided by Cherry Collins. By using or accessing the Services, the client agrees to all the Terms and conditions of this Agreement, and if you do not agree to all the Terms of this Agreement you should not and are not permitted to use the Services.

Cherry Collins may in its sole discretion, modify the Agreement at any time by posting a revised Agreement through the Services. Please read the Terms of Use & Service and check back often. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the Terms of this Agreement as modified.

The use of the goods and services provided by Cherry Collins is governed by the laws of the State of Victoria. Any legal proceeding arising in relation to the goods and services supplied by Cherry Collins are subject to the exclusive jurisdiction of the Courts of Victoria.

For the purposes of contacting Cherry Collins under this agreement, providing notices under this agreement, or for any questions, Cherry Collins may be contacted on:

Phone: +614 0058 6105

Email: contact@cherrycollinsofficial.com

 

PAYMENT

Prices quoted do not include postage and handling unless expressly stated.

Cherry Collins has the sole discretion to change the price of its goods and services at any time before the client purchases the goods or services, whether or not it has previously quoted a price.

Cherry Collins reserves the right to change the price of goods and services subject to variations being made to the order by the client.

Should the time for payment not have been specified then the client agrees that payment is due and payable immediately.

Unless otherwise stated prices do not include GST. GST and other taxes and duties that may be applicable shall be added to the price.

Cherry Collins will only accept payment by VISA and MASTERCARD and AMERICAN EXPRESS. A surcharge of up to 2.5% may be applicable on all payments made by way of electronic transaction.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

All orders are subject to availability and confirmation of the order price. Dispatch times may vary depending on availability of items and any delivery time guarantees made, are subject to service from our third party manufacturing and freight companies and we will not be responsible.

The Site is available only to individuals and others who meet the Terms of eligibility as accepted by Cherry Collins, who have been issued a valid credit/debit card by a banking institution acceptable to Cherry Collins, whose applications are acceptable to Cherry Collins and who have authorised Cherry Collins to process a charge or charges on their credit/debit card in the amount of the total purchase price for the goods or services which they purchase. Cherry Collins reserves the right to restrict multiple quantities of a good being shipped to any one client or postal address.

By making an offer to purchase goods or services the client expressly authorises Cherry Collins to perform credit checks and where Cherry Collins feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

No individual under the age of 18 years of age (eighteen) may use the Services or provide any information to Cherry Collins or otherwise through the Services (including, for example, a name, address, telephone number, or email address) without the prior consent of a parent or guardian. Any individual under the age of 18 must advise their parent or guardian in relation to Cherry Collins’ Privacy policy prior to registering to use the Site or any of Cherry Collins’ services.

We try to ensure that all details, descriptions and prices which appear on the Site are accurate however, errors may occur. If we discover an error in the price of any goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your order at the correct price or to cancel your order. In the case that we cannot get in contact with you, we will cancel the order and refund you in full.

We do not guarantee the availability of an item until the order has been dispatched and we may have to cancel an order if an item is unavailable, in this case you will receive a full refund. If for any other reason we are unable to dispatch your order, we will notify you within 2 business days of our becoming aware of such problem. Delivery costs are charged in addition to the order total and will be clearly marked at checkout.

Prices are displayed in AUD and all transactions will be processed in AUD. The payment methods that we accept are Visa and MasterCard. All payments are processed through Stripe and no orders will be dispatched until payment has been received in full. We may contact you to verify your personal details before dispatching your order.

Cherry Collins charges a surcharge of $0.

Due to security reasons, credit notes can only be processed via direct contact with the Cherry Collins Head office. Cherry Collins will require personal information to identify you as the holder of the credit note. Credit notes can be redeemed by email to contact@cherrycollinsofficial.com and will be processed at head office. 

 

GOODS

All samples issued are only indicative of the goods and may vary to the goods actually supplied.

Cherry Collins and the client agree that ownership of the goods shall not pass until:

  • The client has paid Cherry Collins in full all amounts owing to Cherry Collins in respect of the goods purchased;
  • The client has met all of its other obligations to Cherry Collins in respect of the purchase and physical acquisition of the goods.
  • The goods have been collected or delivered pursuant to the Terms.

 

CANCELLATION

Cherry Collins may cancel any contract to which these Terms apply or cancel delivery of goods at any time before the goods are delivered by giving written notice to the client. For the avoidance of doubt written notice shall include email.  On giving such notice Cherry Collins shall repay to the client any money paid by the client for the goods. Cherry Collins shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the client cancels delivery of goods the client shall be liable for any and all loss incurred (whether direct or indirect) by Cherry Collins as a direct result of the cancellation, including but not limited to any loss of profits or loss of deposit.

Cancellation of orders for goods made to the client’s specifications, or for non-stock list items will not be accepted once an order has been placed.

 

RETURNS

The returns policy is governed by the Terms.

Goods that are damaged by the client or which have undergone general wear and tear are not considered to be faulty and are not eligible for return, repair, replacement or refund.

All sale items purchased online, excluding final sale goods, can be returned because of “change of mind” for store credit only and must comply with the Terms. We do not issue refunds on any discounted items including any promotional discounts. Store credit will be issued as a gift card and can be used on line. All gift cards are issued in accordance with, and on the basis of the Terms.

Final sale goods are not eligible for change of mind return.

Custom Option orders will not be eligible for any return except as provided for under the Competition and Consumer Act

Cherry Collins accepts “change of mind” returns for full priced items purchased online only if the following elements are satisfied:

a Return Authorization number (“RAN”) must be requested by the client within 3 days of receipt of order. A RAN is requested by emailing Customer Care;

  • good(s) must not be worn, altered, damaged or washed;
  • good(s) must have all tags attached;
  • returns must include all original packaging including dust bags and these must be in original condition as they are considered part of the goods
  • returns must be posted back to Cherry Collins head office within 7 days of the client being issued a RAN.

To assist in your ability to be eligible for a return, we recommend the client undertake the following:

  • do not try on light coloured garments whilst wearing dark coloured garment in case of colour transfer
  • do not apply any body moisturisers before trying on goods and accessories in order to avoid marking leather, suede and other delicate fabrics. 
  • be careful of make-up and fake tan rubbing off onto garments.

Any goods that are marked/damaged in the fashion as stated above will not be considered eligible for return.

In the event that a change of mind return does not meet any of the above Terms, Cherry Collins reserves the right to reject the client’s request for a change of mind return.

All sale items purchased online, excluding final sale goods, can be returned for “change of mind” for store credit only and must comply with the Terms. We do not issue refunds on any discounted goods including any promotional discounts.

Credit notes will be issued as a gift card and can be used by contacting Customer Care. All gift cards are issued in accordance with, and on the basis of the Cherry Collins Terms.

Returns require up to 5 business days to be processed once received. Once a return has been successfully processed the original payment method will be refunded in full for the value of the good(s), returned excluding any discounts or special offers received and any delivery costs associated with the order. 

Refunds can only be issued for full priced goods purchased online. Depending on your financial institution, please allow up to 3 business days for the funds to appear back into your account, after your application has been accepted and processed.

To register for a return; email directly to contact@cherrycollinsoffical.com and your return will be processed by Customer care. 

Once you have registered for a return you will receive a Return Authorisation number and a return form that will need to be printed, signed and enclosed with the returned good(s). The good(s) must be wrapped in the original packaging and must be sent back to Customer Care via registered post (a tracking number is required) within 7 days of requesting a return.

Cherry Collins
Attn: Customer Care - Returns
2/219 Nicholson street

Brunswick East, VIC
Australia, 3057

Once your return is received by Customer Care, the good(s) will be checked to ensure it complies with our Terms. If your return is successful, your order will be refunded or a gift card will be issued depending on the Terms of original sale. In the scenario that the return is unsuccessful, Customer Care will contact you. For more information regarding returns, please contact Customer Care;

P. +614 0058 6105
E. contact@cherrycollinsofficial.com 

 

EXCHANGES

Cherry Collins does not accept exchanges for goods purchased online. If you would like to exchange an item for another size or a different style we recommend you re-purchase the new item and return the original item for a refund.

 

DELIVERY

All orders placed before 2pm AEST on a business day will be dispatched according to the time frame specified in the product description. If an order is placed after 2pm AEST, on a weekend or on a public holiday, the order will be processed as per the date of the following business day. Once an order has been dispatched, we cannot change the delivery address so please ensure you have provided the correct details. Please note that we dispatch Monday–Friday excluding all national and Victorian public holidays.

Cherry Collins will dispatch goods for delivery within 10 working days of payment being made. Cherry Collins will endeavour to dispatch goods for delivery once payment in full has been received.

All goods are sent via Australian Express post.

Once we have dispatched your order, you will receive a dispatch confirmation e-mail including the tracking details of your parcel. 

Cherry Collins does not accept any liability for delays caused by third parties.

All orders are subject to availability and confirmation of the order price. Dispatch times may vary depending on availability of items and any delivery time guarantees made, are subject to service from our third party manufacturing and freight companies and we will not be responsible.

Cherry Collins delivers nationwide with Australian express post for a flat rate of $15, or Australian standard parcel post for a flat rate of $10. For the Northern Territory, rural and remote areas, please allow up to 7 business days for delivery, depending on method of postage chosen by you.

Cherry Collins does not yet deliver internationally. Should you wish to purchase any good(s) or services internationally then please contact Customer care via email with the following details: Your name, delivery address, your contact details and the good(s) you wish to purchase. Our Customer care will then contact you in relation to the same. 

Delays in delivery may occur during high volume and peak periods or due to unforeseen reasons. During these times, please allow an additional 3 business days for your order to be delivered. In the event that your order is affected by delay, Customer Care will contact you immediately. 

In the event that an order from Cherry Collins to the client is not delivered due to the fault of the courier company, it is the responsibility of Cherry Collins, in its discretion, to either replace the item or refund the client in full, or issue a Gift card for the full amount depending on the original Terms of sale. In the scenario that a return from the client to Cherry Collins is not delivered, it is the responsibility of the client to bear any losses or damage as a result of the lost package, therefore, it is recommended that all returns are sent back to Cherry Collins via registered post with tracking facilities. 

Should the client be adversely affected by any delay in the delivery of goods they should contact Customer care immediately.

 

CUSTOM ORDERS

The availability of Custom orders are at the complete and full discretion of Cherry Collins.

In placing a custom order the client agrees to these Terms.

Custom orders must be made by email from the client to Cherry Collins with the goods’ description, size, colour preference and any other specific qualities as agreed upon between the client and Cherry Collins.

After payment has been processed, fabric and colour options will be sourced by Cherry Collins and sighted by and confirmed in writing by the client before production. In addition, Cherry Collins may require that the client visit head office for a fitting to ensure that the correct size is manufactured. 

The client authorises Cherry Collins to use the client’s personal details supplied to keep you informed about any part of this process.

The client is aware that due to fabric availability and manufacturing lead times, the time frame of payment to delivery can vary from between 6 - 8 weeks.

Due to the nature of custom order manufacture, custom orders will not be eligible for repair, refund, replacement or exchange under any circumstances (including but not limited to change of mind), except as provided for under theCompetition and Consumer Act 2010.

The prices quoted or charged are subject to the availability of fabrics, materials and colours.

Cherry Collins has the right to refuse any Custom orders.

 

PRIVACY

The following Privacy Policy applies to the goods and services provided online via the internet exclusively by Cherry Collins.

Any information you provide to Cherry Collins directly or indirectly via the Services is subject to Cherry Collins’ Terms, which governs our collection and use of the client’s information. The client understands that through the use of our Services the client consents to the collection and use (as set forth in the Terms) of this information.

Cherry Collins recognises the importance of protecting the privacy of personal and financial information. We have employed strict policies and security measures to protect the information you provide us. When you register online with Cherry Collins, use the Site, or provide us with your personal information in store, you give us consent to process and use such submitted personal data in accordance with these Terms. This privacy policy applies to all protected personal information collected, maintained or used by Cherry Collins.

Cherry Collins will only collect information about you when you provide it to us, and we only collect information to provide better services to our clients.

We collect information in two ways:

Information you give to us directly. This information typically includes: your name, email address, address and domain name, and may also contain your username or any other information required to process an order through the Site. 

AND

Information we collect through your use of our services. This includes information collected by our server, including the internet protocol (IP) address used to connect your computer to the Internet, operating system and platform, the average time you spend on cherrycollinsofficial.com, pages visited, information searched for, average access time, and websites you have visited previously, as well as other relevant statistics; cookies and other anonymous identifiers, which we send to your computer's browser for record-keeping purposes.

We may use the information you give to us directly to:

  • deliver goods and services to you, to collect payments and to manage your account, to market to you directly, as well as provide you with information about our goods and services, and to notify you of changes to our goods and services;
  • contact you about new goods, projects or seasonal promotions. If you wish not to receive such communications, you can unsubscribe by sending an email to: contact@cherrycollinsofficial.com. 
  • provide, maintain, protect and improve our services, to develop new ones, and to protect our services and our clients. We may also use this information to offer you Custom order goods or seasonal promotions.
  • keep a record of the client’s communications with us to help solve any issues or disputes that might arise.

We may use the information we collect through the client’s use of our services to measure the use of the Site and to administer and improve the Site. This statistical data is interpreted by Cherry Collins in its continuing effort to improve the Site and your shopping experience.

We may use the information we collect through the client’s use of our services to gather information on which web pages are visited and how often, to make the Site more user friendly, and to give you a better experience when you return to the Site.

We may combine the information the client gives to us directly with the information we collect through the client’s use of our service.

We may from time to time supply the owners or operators of third party websites from which it is possible to link to Cherry Collins with information relating to the number of users accessing the Site from such third party websites. You will not personally be identifiable from this information.

In delivering our good(s) or collecting and using your personal information, we may be required to disclose some of your personal information to third party organisations, including external service providers; our legal, accounting, financial or other professional advisors; and regulatory or government authorities as required by law.

Cherry Collins uses a number of security measures to protect the information the client provides to us. We protect the client’s personal information by:

  • restricting internal and external access to the client’s personal information;
  • maintaining our technology systems to prevent unauthorised computer access;
  • ensuring that third parties that require access to your information, including organisations outside Australia, take such steps as are reasonable to ensure that they do not breach our privacy obligations;
  • securely destroying your personal information when the client’s personal information is no longer needed.

You are entitled to request access to and correction of all personal data you provide us, or to remove your name from our database at any time by contacting Customer Care at contact@cherrycollinsofficial.com.

For more information regarding privacy issues in Australia, please visit the Australian Federal Privacy Commissioner's website at www.privacy.gov.au.

 

INTELLECTUAL PROPERTY

Where Cherry Collins has designed and developed goods and/or services for the client, then the intellectual property in any designs, drawings and documents or goods created by Cherry Collins shall remain the property of Cherry Collins. Cherry Collins at its own sole discretion can use if it wants to use, for the purpose of, and not limited to, advertising, marketing or entry into any competition any of the designs, documents so produced.

The client warrants that all designs, specifications, instructions given to Cherry Collins will not cause Cherry Collins to infringe any patent, registered design or trademark in the execution of the client’s order and the client agrees to indemnify Cherry Collins against any action taken by a third party against Cherry Collins in respect of any such infringement.

The client agrees that Cherry Collins may at no cost, use for the purpose of marketing or entry into any competition, any documents, designs, drawings or goods which Cherry Collins has created for the client.

 

DISCOUNT CODES AND GIFT CARDS

We may offer promotional discount codes to be used on the site which will adhere to special conditions that will be specified at the time of issue.

The following terms & conditions apply to all gift cards purchased unless otherwise stated:

  • Gift cards are valid for 6 months from date of issue;
  • Gift cards are non-transferable and cannot be returned or redeemed for cash;
  • If the order total is less than the value of the gift card, the remaining balance will be credited to your card and can be redeemed at your next purchase;
  • If the order total exceeds the value of the gift card, the remaining balance must be paid by credit card or debit card. 
  • Any good purchased using a gift card cannot be returned for a refund and can only be returned for a gift card re-issue;
  • Cherry Collins is not liable for delivery of a gift card to an incorrect or non-existent address or e-mail address, this is the sole responsibility of the purchaser;
  • Cherry Collins is not responsible if a gift card is lost, stolen, destroyed or used without permission;
  • Cherry Collins reserves the right to cancel a gift card if it is deemed necessary;
  • Promotion codes cannot be applied to the purchase of gift cards unless otherwise stated.

 

By making a purchase through cherrycollinsofficial.com you agree to the above terms and conditions.