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terms & conditions

Welcome to the CAMILLA eBoutique! We take great pride in our eBoutique and aim to provide our customers with a luxurious and customer-centric experience. Please take a few minutes to read the information below about the legal Terms and Conditions that apply to your use of this website and any services or products that you order from us.

ACKNOWLEDGMENT AND ACCEPTANCE

By using the website http://www.camilla.com.au (website”), you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and Camilla Australia Pty Ltd, ABN 67 135 300 382 (CAMILLA”, we”, us” or our”) and its successors and assignees.

These Terms and Conditions, our Privacy Policy, Shipping Policy and Returns Policy are to be read together to form the whole of this agreement and will be collectively referred to as the ‘Terms’ and apply to all purchases made on our website. You accept the Terms by making a purchase from us.

Your purchase from the website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older.  You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to these Terms and Conditions, please do not use our website.

USE OF THIS WEBSITE

You must only use this website for lawful purposes and agree not to use it in a way that violates our rights or the rights of any third party. You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and that you may only download, print or use content for this purpose. You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website without our prior express written consent

ONLINE SHOPPING

When placing information on our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary to the delivered product depending on your monitor and computer equipment. We cannot guarantee that the product images on our website are an exact representation of the actual products you receive. If you're unhappy with your delivered product, please review our Returns Policy.

ORDERS

We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details. We also reserve the right to terminate your CAMILLA account for any reason, or request photo ID (or any other such documentation we deem appropriate) from you for verification purposes before we allow your order to be processed. A binding agreement will form between us once we confirm that we have accepted your order.

PRODUCT AVAILABILITY

All orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your order. In some cases immediate notification is not possible and we may need to reject an order where later establish that it is unavailable for delivery. Alternatively we may contact you to advise you of a delay in restocking a particular product and delivery of your order.

If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.

VARIATION OF PRODUCTS AND PRICE

You agree to pay the purchase price for the products as specified on the website from time to time plus any applicable delivery charges. We may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between our retail stores and those found on this website.

PAYMENT

All prices are quoted in, and orders are calculated, in Australian Dollars (AUD). You must pay for your products purchased on this website at the time of placing an order.

We only accept payment by MasterCard, Amex, Visa and PayPal and we reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

We will always act to protect the details of your payment and purchase however in the absence of negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.

TITLE

Title in the products will not pass to you until the later of delivery or until your payment has been processed or otherwise received by us. If your payment is declined or reversed for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

GST

If and when applicable, GST payable on our goods and services will be set out on our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

DELIVERY

Please refer to our Shipping Policy.

CANCELLING AN ORDER

Once your order has been placed you cannot cancel the order. At your request, we are unable to cancel an order or stop an order from being dispatched. If you have incorrectly placed an order please refer to our Returns Policy.

COPYRIGHT, TRADE MARKS AND OWNERSHIP OF RIGHTS

The copyright, trademarks and other intellectual property rights contained within this website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.

Intellectual Property includes but is not limited to:

  1. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
  2. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
  3. all work product developed in whole or in part by us.

RETURNS and AUSTRALIAN CONSUMER LAW

Please refer to our Returns Policy.

LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to our products and services, this website and this agreement, including but not limited to:

  1. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms or which cannot be excluded by law;
  2. the quality or fitness for purpose of our goods and services;
  3. the website or the products being unavailable; and
  4. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the website, inability to access or use the website, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

To the maximum extent permitted under law, where our liability cannot be excluded, our total liability arising out of or in connection with the products, the services or the Terms and this website and its content, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise,

INDEMNITY

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

DISCLAIMER

The information contained on this website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information.

We reserve the right to cancel and refund any order for $0 or part order where a product is listed at $0 or a Gift Card is listed at less than face value. Promotional codes can only be used once per customer.  We reserve the right to cancel any order in which it appears that multiple accounts have been set up for the same customer. 

DAMAGE TO COMPUTERS OR OTHER DEVICES

We take reasonable steps to ensure that our website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this website or any website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.

You must not misuse this website by introducing technologically harmful material, including but not limited to, viruses and trojans or by attempting or actually breaching the website’s security mechanisms.

THIRD PARTY WEBSITES

This website may contain links to third party websites. We are not responsible for the condition or content of those websites as they are not under our control. You access those websites and/or use the website's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the websites or the products or services provided on the website.

We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external website. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.

PRIVACY

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. Your privacy is very important to us and we will always act to protect your information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions, and can be viewed here.

SPAM

Under no circumstance will we deliberately send you an electronic message without your consent. If you receive an unsolicited email from us, please let us know.

COOKIES

A Cookie is a small data file that is stored by your web browser on your computer. For more information on our Online and Digital Service please see our Privacy Policy.

PROMOTIONS AND OFFERS

Please note that unless specifically mentioned, no promotions or offers may be used in conjunction with any other promotion or offer and cannot be used to purchase Gift Cards. We reserve the right to cancel and refund any order placed online where a customer has used one or more promotion or offer to place an order. 

We may run competitions and promotions throughout the year. Competitions and promotions may have their own separate terms and conditions which will apply in addition to these Terms. Please carefully read those terms and conditions before entering or participating in a competition or promotion. If a competition or a promotion does not have its own specific terms, these general Terms will apply.

PASSWORD AND ACCOUNT SECURITY

It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

WEBSITE CHANGES

These Terms may be amended from time to time with notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you. Your use of this website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the website.

WEBSITE UNAVAILABILITY

We will not accept responsibility if this website is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.

GIFT CARDS

Gift cards cannot be purchased with promotional codes. Gift cards cannot be refunded or returned, unless required by law. They will also not be exchanged for another denomination or tender such as cash. Please note that we are not responsible for and are unable to replace gift cards which are lost or stolen.

CORRECTION OF ERRORS

Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.

If you believe that there is a typographical error, inaccuracy or oversights on this website please contact us by email at online@camilla.com.au Indemnity

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

TERMINATION

If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this website. A notice as outlined above will be sent to you.

ASSIGNMENT

You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

SEVERABILITY

If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

GOVERNING LAW

We operate this website from our offices in Australia; however this website may be accessed throughout Australia and overseas. The laws of Australia govern these Terms. We make no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

CAMILLA SEASONAL OFFER

Spend $5,000.00 (the seasonal threshold) in your local currency on Camilla.com.au, Camilla.com.au/us or in a CAMILLA owned boutique between December 28, 2015 – June 30, 2016 and from the date that you reach the seasonal threshold you will receive 10% off full priced items that you purchase during the Spring/Summer 2016/17 season (July 1, 2016 - December 31, 2016).Discount may not be automatically approved. We endeavour to update discount update data on a monthly basis. If you believe you have reached the threshold and are not offered the 10% discount, please contact customer services at online@camilla.com.au or 0283531800Offer ends 31st of June, 2016.Full-priced items purchased from the CAMILLA eBoutique may be returned and then a refund or CAMILLA eBoutique credit (at your election) will be issued subject to the terms and conditions of our returns policy which can be obtained click here to see returns policy. Returns are deducted from your spend calculated to determine whether you have achieved the seasonal threshold. This seasonal offer is valid for retail customers and does not apply to resellers or any purchases for commercial purposes. Any duties or taxes assessed by customs are the responsibility of the customer.

SURFBOARD T&C'S

All sales are final and non-refundable due to the nature of the surfboards being made to order. No exchanges on print, credit note or other CAMILLA product. The sale is considered final. Please allow up to 6 weeks for shipment of your surfboard.Our CAMILLA boutiques offer a layby service, please contact one of our boutiques if you’d like to process a layby. CAMILLA lay-by duration is 4 weeks from deposit date. Lay-by must be paid in full before the item(s) can be ordered. If the lay-by is not finalised in full by the due date, the item(s) will be cancelled and you will be issued a refund. Please note: Retail boutiques and eBoutique are considered separate, and therefore all items must be managed from their original purchase source. Please review the policy that applies to the channel that the purchase was made.

CAMILLA’s 12 Days of Giveaways

Terms and Conditions

Promotion

  • Information on how to enter and the prizes form part of these terms and conditions. By submitting an entry to this promotion, entrants agree to be bound by these terms and conditions. In the event of any inconsistency between these terms and conditions and any other published material, these terms and conditions prevail.
  • The promotion commences at 11:59PM Tuesday 29.11.2016 and closes 11:59PM Sunday 11.12.2016. All entries must be received by the Promoter during this period.

Promoter

  • The Promoter is Camilla Australia Pty Limited 158-162 Crown Street, Darlinghurst, NSW 2010 ABN 67 135 300 382, phone 02 8353 1800.

Entry to promotion

  • Entry is open to all Australian and New Zealand residents. Directors and employees of the Promoter and its affiliate companies, and their immediate families are ineligible to enter. Entrants under the age of 18 must obtain the consent of their parent or guardian to enter this promotion, proof of consent may be required to claim the prize. The Promoter reserves the right to verify an entrant’s details by their drivers licence, passport or other identification deemed suitable by the Promoter. It is the entrants’ responsibility to notify the Promoter if their contact details change after the submission of their entry.
  • To enter the draw, entrants must go online at www.camilla.com.au click through to the competition listed on our homepage and then enter their first name, surname, email, postal code, birthday and sign-up to the CAMILLA database. Additional entries are available by visiting our Facebook page, visiting our Instagram page, referring a friend or making a purchase in store or on our eboutique as prompted on the entry form hosted by Gleam.
  • Entrants may only enter this promotion once and any duplicate entries will be voided. The Promoter, reserves the right, in its absolute discretion, to verify the validity of all entries and to disqualify any entrant if the Promoter suspects they have tampered with the entry process, or if they have submitted an entry that is not in accordance with these terms and conditions or if the Promoter considers that the entrant has engaged in conduct that is fraudulent, misleading, deceptive or which may damage the goodwill or reputation of the Promoter. The Promoter reserves the right to disqualify a winner and redraw the prize if it becomes aware that the winners’ entry is of a type described in this provision.6. Entrants may only enter this promotion once and any duplicate entries will be voided. The Promoter, reserves the right, in its absolute discretion, to verify the validity of all entries and to disqualify any entrant if the Promoter suspects they have tampered with the entry process, or if they have submitted an entry that is not in accordance with these terms and conditions or if the Promoter considers that the entrant has engaged in conduct that is fraudulent, misleading, deceptive or which may damage the goodwill or reputation of the Promoter. The Promoter reserves the right to disqualify a winner and redraw the prize if it becomes aware that the winners’ entry is of a type described in this provision.
  • An entry may be deemed invalid and ineligible for entry to the promotion if the any of the requested information on the entry is incomplete or if the Promoter deems any information on the entry to be incorrect or misleading.
  • There is no cost to enter this promotion, however each entrant must have access to internet facilities in order to complete their entry.

Prize

  • There are 12 prize packs consisting of a variety of CAMILLA products, please refer to the table below. Total prize pool is $10,058 AUD + shipping costs (dependant on winners location). The total prize pool is inclusive of any applicable taxes and charges. Note: South Australia maximum prize pack allocation will not exceed $10,000.00

  • The Promoter accepts no responsibility for any variation in prize value. Subject to any legislation governing this promotion, the Promoter reserves the right to substitute the prize in whole (or any of its components), with another prize of equal or greater value.
  • Prizes are not transferable, returnable or redeemable for cash, in whole or in part.
  • The winners will be selected by means of a random draw from all entries received during the promotion period. The draw will be conducted, at 11:00AM AEDT on Monday 12/12/2016 at CAMILLA Head Office, 158-162 Crown St, Darlinghurst 2010.
  • The winners will be notified by email on Monday 12/12/2016 and the winner’s names will be published on www.Camilla.com.au or www.facebook.com/camillawithlove for a period of no less than 28 days.
  • Where required by laws regulating this promotion, should the prize remain unclaimed, an unclaimed prize draw from all non-winning entries will take place at CAMILLA Head Office, 158-162 Crown St, Darlinghurst 2010 at 11:00 am AEDT on Monday 13/03/2017. The redraw winners will be notified by email on 13/03/2017 and the redraw winners’ name will be published online at www.camilla.com.au for a period not less than 28 days.

Reservation of rights and limitation of liability

  • The Promoter’s decision on any aspect of this promotion is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications including as a result of technical difficulties or fault in transmission. Entries will be deemed void if forged, manipulated or tampered with in any way. Entries not submitted in accordance with these terms and conditions will be invalid.
  • By entering into this promotion, the entrant accepts full responsibility for their decision to participate in this promotion and the prize should they be chosen as a winner. The winner releases the Promoter and any other organiser and related body corporate, affiliates, officers, directors and employees (all “released parties”) from all liabilities, loss and damage of any kind arising at any time out of, or in connection with, the entry to the promotion, acceptance and use of the prize. The Released Parties do not accept any liability for any injury, sickness or death or property loss or damage or any other direct or indirect loss or damage of any kind, however it may occur.
  • If for any reason the promotion cannot be run as planned or if the Promoter suspects an issue with the integrity of the promotion, the Promoter reserves the right to alter or cancel or restart the promotion without further notice.
  • The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.  The Promoter's legal rights to recover damages or other compensation from such

Privacy

  • In consideration of being awarded the prize, the winner agrees that the Promoter may use the winners name, image, likeness, voice or quote for any purpose, including for marketing and promotion purposes anywhere in the world and in any form of media.
  • Each entry includes personal information which may be used by the Promoter in accordance with the Promoters’ Privacy Policy which can be located here: http://www.camilla.com.au/privacy-policy. All entries become the property of the Promoter.

Winners of the 12 Days Of Giveaways are:
1. A West
2. A Field
3. K Monahan
4. A Zanesco
5. L Gregory
6. A Chezzi
7. N Davis
8. J Sim
9. N Mann
10. A Martinus
11. B Roberts
12. M Green

 

Authorised under NSW Permit Number LTPS/16/09412 / SA Licence No: T16/2132 / ACT TP 16/02341

COMMENTS

If you have any comments or concerns we welcome your feedback and suggestions. Please address feedback by email to online@camilla.com.au.