Terms and Conditions

1.    This website (the “Site“) is operated by GOLDBOXXX PTY LTD (ABN: 19 137 735 070) trading as Imogen Lingerie of 80 Chapel St, Marrickville, 2204, phone number: (02) 9509 0400 (collectively referred to as “us“, “we“, “our” or “Imogen Lingerie“).

Your Acceptance of these Terms of Use

2.     Use of and access to this Site is subject to the terms and conditions below and elsewhere on the Site including our Privacy Policy (known collectively as “Terms of Use“).  By accessing, browsing, shopping or using any other services on this Site you agree to these Terms of Use.

Modifications

3.    We may revise the Terms of Use at any time, without notice. All changes are effective from the date of posting the revised Terms of Use on this Site.  Any updated version of the Terms of Use will immediately supersede any prior version. We recommend that you re-visit this page from time to time to review the latest Terms of Use.

Products, Prices and Orders

4.    Individuals can create a log-in name and password to become a member and submit an order via the Site or otherwise choose to log-in as a guest.  Individuals who opt to become a member will then receive special offers and promotional material from Imogen Lingerie.
5.     When selecting clothing or lingerie products, please refer to the Size Guide on our Site for correct size information.  If you are unsure about sizing, please contact us before submitting your order.

6.    All products advertised on this Site are subject to availability.  Products are available only in the colours and styles displayed unless otherwise specified.  The packaging and images of some products listed on the Site may slightly vary from the product received.

7.    When ordering a product as a gift for another person, you have the option of sending a message with the gift (from the selection of messages provided). We will destroy or de-identify all information regarding gift recipients once it is practicable to do so (after the gift has been delivered).

8.    The price payable for any product(s) is the price specified on the Site at the time of placing the order. Prices displayed on the Site may change at any time. Prices are displayed in Australian dollars (AUD) unless otherwise specified.

9.     Any order placed on this Site is an offer by you to purchase a particular product for the price specified on this Site at the time you place your order.  You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered (or have the product(s) ordered delivered to the specified gift recipient).

10.  Payments are to be made via PAYPAL only. Your order will be dispatched once payment has cleared.

11.  Standard delivery in Australia is free, however, there is an additional cost for the express delivery service (as set out on the Site).  Where applicable, delivery charges will be calculated and added to the total of your order when you place your order.  Products cannot be delivered to a post office box.  The express delivery service is only valid for orders sent to metropolitan areas in Australia (as determined by us in our absolute discretion).  [ET1]

12.  We will send you an email to confirm when your order has been dispatched from our warehouse.

13.  All products will be delivered in a plain carton (with Imogen Lingerie packaging on the inside).

14.  You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order.

15.  We reserve the right to reject any order, for any reason whatsoever.  If you submit an order that is rejected, we will notify you as soon as possible and organise a refund.

Title and Risk

16.  Risk of loss and title for the product(s) pass to you upon dispatch from our warehouse to the delivery carrier.

Delivery

17.  You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify us within 7 business days of delivery of any shortfall or incorrect orders.

18.  We will always endeavor to dispatch your product purchase to you as soon as possible. From time to time there may be a slight delay in delivery and we may take a little longer than the advertised delivery times due to a stock shortfall or for other unexpected reasons. If, for any reason, we are unable to dispatch your order, we will notify you within 2 business days.

19.  All orders are delivered by Australia Post eParcel.  Depending on the delivery option that you nominate when placing your order, orders will generally be delivered either

(a)  for standard orders — within 2 – 7 business days of payment being received; or

(b)  for express orders — within 24 hours of payment being received.

You (or the product recipient) must be living in a metropolitan area to qualify for the express order delivery service.  You will be notified at the time of making the order whether you qualify for the express delivery service.

20.  We will not be responsible for any delay in delivery of any products caused by, or in any way connected with, any other cause beyond the reasonable control of Imogen Lingerie (including but not limited to shortfall of supplies, strikes, industrial disputes).

Cancellation of Orders

21.  Imogen Lingerie may cancel your order if:

(a)  we do not receive your payment within 2 business days; or
(b)  any payment by you is subsequently cancelled or dishonoured; or
(c)  we have inadvertently displayed any errors on the Site including incorrect prices, descriptions or illustrations or typographical errors and these errors are relevant to your order; or
(d)  the Site has indicated that products available when they are not (in this instance, a full refund will be issued);

subject to any applicable laws.

Faulty Products and Returns Policy

22.  If the product, when initially received by you, is damaged or faulty, promptly contact us by phone or email within 5 business days.  We will then organise with you for the damaged/faulty product to be returned.

Once returned to us, if we assess that your returned product was in fact damaged/faulty when it was received by you and in breach of our warranty, we will replace your product with an identical product (where possible) and also send you a cheque for the postage costs incurred by you to return your damaged/faulty product to us.

If we are unable to replace the product with an identical one, you may select another stocked product of the same purchase price, or you can opt for a refund of the purchase price of the damaged/faulty product.  The replacement product will be sent at no charge, as soon as possible, after we receive your damaged/faulty product.

23.  Any damaged/faulty product(s) must be returned complete and in the original packaging. Imogen Lingerie is not required to process any return of damaged/faulty products until it receives the products in question from you.

24.  Returns will not be accepted by Imogen Lingerie if the damage/fault to the product has been caused by accident or by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.

25.  If your product may be returned to Imogen Lingerie under this policy (and you have notified us via phone or email in accordance with this policy), we will provide an address for you to return your product.

When returning your faulty/damaged product, please make sure you provide the following details:

  • Your full name, address and phone number;
  • Your order number;
  • Reason why you are returning the product; and
  • Your instructions informing us how you would like the issue resolved.

To help us process your return as quickly as possible please also include the original order confirmation or invoice you received with your product.

26.  Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

27.  Imogen Lingerie recommends that you choose your product(s) carefully, as we will not accept returns in the instance that you change your mind or order the incorrect size or product(s).

Intellectual Property

28.  All materials on this Site, including, without limitation, design, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, graphics, audio clips and sound recordings, video clips and video recordings, music and the selection and arrangement thereof are the property of, or used under license by, Imogen Lingerie and are subject to copyright and other intellectual property protection.  This Site contains commercially sensitive and valuable information which is both confidential and protected by copyright. Brands, logos, images and tag-lines are registered or unregistered trade marks owned or used under license by Imogen Lingerie.

Liability

29.  To the fullest extent permitted by law, Imogen Lingerie, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Site, including, but not at all limited to such loss, damage or injury arising out of the following:

(a)  use of this Site;
(b)  purchase and/or use of any products supplied by Imogen Lingerie on this Site;
(c)   any errors or omissions from any information on this Site including typographical or photographical errors;
(d)  any technical malfunction, error, virus, delay or interference on this Site;
(e)   a failure or omission on the part of Imogen Lingerie to comply with its obligations under these Terms of Use.

30.  To the fullest extent permitted by law, Imogen Lingerie and its agents:

(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this Site.

31.  Imogen Lingerie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to or alteration of any information provided by a Site user.

32.  You hereby waive and release any and all claims that you may have against Imogen Lingerie, its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to this Site and/or your purchase and/or use of any products advertised herein.

33.  The Australian Consumer Law and certain State and Territory legislation implies terms, conditions and warranties into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms.  If Imogen Lingerie breach any of these terms then, their liability for the breach is, where permitted by law and at Imogen Lingerie’s election, limited to: (a) in the case of goods supplied or offered by us – the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this or a refund for the goods purchased; OR (b) in the case of services supplied or offered by us – the re-supply of the services or payment of the cost of doing this or a refund for the services supplied.

Indemnity

34.  You indemnify Imogen Lingerie, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this Site and/or purchasing and using any products advertised herein.

Your Rights and Obligations

35.  Permission is granted to you to view content as a visitor to this Site. Any other use of the materials and information on this Site, including reproduction for any purpose, modification, distribution, republication, adaptation, or commercial exploitation, without the prior written permission of Imogen Lingerie is strictly prohibited.

36.  You agree that you will not use this Site for any purpose that is unlawful, or prohibited by these Terms of Use. You agree that you will not use this Site to spam, transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights, interfere with or disrupt this Site.

Links

37.  Imogen Lingerie is not responsible for the content of any site linked to or from this Site. Any links provided are for your convenience only and are not an endorsement of the companies or products referred to on sites to which this Site links and Imogen Lingerie has no responsibility for the condition, content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites. If you click on a link to another site, you do so entirely at your own risk.

Termination of Site

38.  Imogen Lingerie reserves the right to modify, suspend services on this Site, to terminate any or all parts of the Site, or to terminate your ability to purchase products from this Site at any time without notice.  In this event, the liability and indemnity provisions provided in these Terms of Use will survive such termination, and all rights of Imogen Lingerie granted herein are otherwise reserved.

Governing Law

39.  These Terms of Use shall be governed by and construed in accordance with of the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of this legal statement shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Privacy

40.  Please see our privacy policy on this Site for details about how we store, handle and use any personal information that you provide to us.