These Terms and Conditions govern the use of the ENA PELLY website (Website).
Please read these Terms and Conditions and Privacy Policy carefully before using the Website.
By using the Website you are accepting and agreeing to theseTerms and Conditions. You must not use the Website if you do not agreeto these Terms and Conditions.
ENA PELLY GROUP Pty Ltd (“we”, “us”, “our” or “ENA PELLY”)reserves the right to change these Terms and Conditions at any timewithout notifying you.
It is your responsibility to regularly check these Terms andConditions for any changes. Continued use of the Website will be takenas your acceptance of those changes. The Website and its content areprovided for your personal use only and must not be used for any publicor commercial purpose.
APPLICABLE LAW
These Terms and Conditions are governed by the laws of Australia.
MISUSE OF THE ENA PELLY WEBSITE
When using the Website, you must not:
post the private details of another person or entity;
impersonate or imitate another person or entity;
restrict or inhibit another person from using or enjoying the Website;
use the Website in a manner or for any purpose which is unlawful or contrary to these Terms and Conditions;
exploit the copyright, trademark or intellectual property rightsof ENA PELLY or a third party, unless the prior written consent of ENAPELLY or the relevant third party has been obtained;
upload, post, email, transmit or otherwise make available anysoftware that may contain a virus or other information that is designedto interrupt, destroy, disrupt, corrupt or limit the operation of theWebsite, its servers, software, hardware or equipment; or
engage in any activity which is likely to cause interference,harm or disruption to the Website, its servers, software, hardware orequipment.
Please report any breach of these Terms and Conditions to our customer service team via email at enquiries@enapelly.com.au.
CREATING AN ACCOUNT
When you access the Website, you may create an online account with us and provide us with personal details.
To place an order on the Website, you will need to provide us with personal details.
In either case, it is very important that any personal details you provide are complete, true and up to date.
Please let us know if your personal details change or are recorded incorrectly and we will promptly update them.
If you create an online account with us, you will need to create apassword to access your online account. Your password must be uniqueand kept secure and private at all times. Please let us know immediatelyif you believe or suspect there to have been a breach of security orany unauthorised use of your account.
ORDERS
All orders will be accepted at ENA PELLY’s sole discretion.
When you submit an order on the Website, this constitutes your legally binding offer to purchase merchandise.
If we accept your order, you will be sent an Order Confirmationemail specific to your purchase. If we do not accept your order we willnotify you via email. All orders are subject to ENA PELLY's approval andthe availability of merchandise. ENA PELLY may place a limit on thequantity of merchandise that can be ordered on the Website.
We may at our sole discretion cancel your order any time prior toshipping, for example if the merchandise ordered becomes unavailable.We will promptly refund the full purchase price of that order to you.You can read ENA PELLY’s Returns and Delivery Policy, via this link.
PRICE
All orders are priced in Australian dollars and include GST.
All prices quoted on the Website exclude postage and handlingcosts. You will be charged extra for postage and handling. You will benotified of these extra costs at the time you place your order.
Prices quoted on the Website are subject to change at our sole discretion without notice.
If the price of merchandise is reduced after you place an order,ENA PELLY will not offer a subsequent price adjustment. The relevantprice of merchandise is the price at the time you place your order.
CANCELLATION OF ORDERS
To the maximum extent permitted by the law, ENA PELLY may cancel or refuse to accept an order at any time, without liability.
If we cancel an order after you have made a payment, we will refund that payment to you in full.
PAYMENT OF ORDERS
You must provide complete, true and up to date payment and billing details.
When you place an order on the Website, you authorise ENA PELLY to deduct payments from the credit card you provide.
You must be the authorised holder of the credit card or beauthorised to use the credit card in order to have payment detailsauthorised and processed.
ENA PELLY can refuse to authorise and process an order if, in ourabsolute discretion, we believe this is necessary. ENA PELLY mayrequest credit, anti-fraud and identity checks if we believe this isnecessary.
If ENA PELLY cannot charge payment to your credit card or if apayment is declined or returned for any reason, ENA PELLY may in ourabsolute discretion suspend or cancel your order.
If ENA PELLY is charged a fee for processing your credit card byyour bank or financial institution, you will be liable for thesecharges. ENA PELLY will notify you of these charges if they apply.
ENA PELLY uses SecurePay to offer secure payment systems to protect you in accordance with best industry practice.
While ENA PELLY takes all reasonable steps to ensure yourpersonal information remains secure, it is impossible for ENA PELLY tocompletely guarantee that the transmission of data over the Internetwill be totally secure at all times.
Subject to the terms of ENA PELLY’S Privacy Policy, anyinformation submitted to ENA PELLY on the Website is done so at your ownrisk.
DISPATCH AND DELIVERY OF ORDERS
If ENA PELLY has accepted your order and payment has beenauthorised and processed, the merchandise purchased will be promptlydelivered to you. You can read ENA PELLY’s Returns and Delivery Policy,via this link.
During busy sale periods there may be a delay in dispatching your order due to an increase in order volumes.
To the maximum extent permitted by the law, ENA PELLY accepts no responsibility or liability for undelivered merchandise.
To the maximum extent permitted by the law, ENA PELLY accepts noresponsibility or liability if merchandise is returned to the ENA PELLYwarehouse or if there is a delay in delivery which is beyond ourreasonable control.
Title to the merchandise and the risk of loss or damage to themerchandise passes to you upon receiving delivery of the merchandisefrom the postal or courier service used by ENA PELLY.
RIGHTS UNDER AUSTRALIAN LAW
Australian law, including the Australian Consumer Law, providesyou with certain rights in respect of your order that cannot be excludedby these Terms and Conditions, including that your products must be ofacceptable quality, reasonably fit for the purpose that we representthey will be fit for, and that the products will correspond with anyrelevant description.
Nothing in these Terms and Conditions shall be read or applied soas to exclude, restrict or modify or have the effect of excluding,restricting or modifying any condition, warranty, guarantee, right orremedy implied by law, including the Australian Consumer Law, whichcannot by law be excluded, restricted or modified.
COPYRIGHT/INTELLECTUAL PROPERTY RIGHTS
The Website, its content, layout and design together with anytrade mark, name, logo, photograph, image, code, text, data, graphic,software or other identifying mark appearing on the Website (WebsiteIP), may only be used for your personal reference, and may not otherwisebe copied, reproduced, used, stored, published, altered, licensed,downloaded or transmitted in any form or by any other means in whole orpart, without the prior written consent of ENA PELLY.
The Website IP is the property of ENA PELLY or a third party who has contributed to the Website.
Nothing on the Website or in these Terms and Conditions should beconstrued as conferring a licence or right to use the Website IP unlessthe prior written consent of ENA PELLY or the necessary third party hasbeen obtained.
DEALINGS WITH THIRD PARTIES
The Website may contain a link or pointer to an Internet website operated by a third party.
These links are provided for your information and convenienceonly, and the inclusion of a link does not constitute an endorsement byENA PELLY of a third-party website.
ENA PELLY makes no representation in relation to, and is notresponsible for the content, products, services or security of anywebsite operated by a third party. You link to the website of a thirdparty at your own risk.
ENA PELLY is not responsible for any loss or damage deriving fromthe use, content, products, services or security of a website operatedby a third party.
ENA PELLY is not bound by any dealing that you may enter intowith a third party. The terms and conditions of a third party websitegovern any dealing you may have with that third party. If there is aninconsistency between these Terms and Conditions and the terms andconditions of a third-party website, these Terms and Conditions willapply.
You should also be aware that a third party may collect yourpersonal information via its website. A third party is governed by itsown privacy policies and practices, not ENA PELLY's Privacy Policy andpractices. ENA PELLY makes no representation about, and is not liablefor, the privacy policies and practices of a third party.
ENA PELLY encourages you to learn about the privacy practices andpolicies of a third party before linking to its website and/orproviding personal information pursuant to the use of that website.
AFTERPAY
Shop now, pay later.. interest free!
What is Afterpay?
Afterpay offers simple and affordable instalment plans for onlineshoppers. The payment platform allows you to purchase in four equalinstalments, due every fortnight. There is no additional cost to useAfterpay. All of your payments are interest free and you will receiveyour order in accordance with these terms and conditions.
Afterpay is operated by Afterpay Holdings Limited, listed on the Australian Stock Exchange.
To make a purchase using Afterpay, you will need:
1. A debit or credit card
2. To be over 18 years of age
3. An Australian residential address
How does it work?
1. At the ENA PELLY checkout, select Afterpay as your paymentoption. You will then be redirected to the Afterpay website to processyour order.
3. Register or login into Afterpay to confirm your order.
4. You will then be redirected to the Silk Laundry website to receive your order confirmation.
5. Please note: Afterpay has a maximum transaction limit of AUD$1000, however each order is subject to Afterpay's credit assessment.
How do I use Afterpay?
When you place your first order with Afterpay, the firstinstalment will be charged at the time of purchase. Each instalment willthen be deduced from your debit/credit card each fortnight. For all ofyour future orders using Afterpay, your first instalment will bededucted within 14 days. At the time of purchase, the full Afterpayschedule will be outlined for you.
When will my order be shipped?
Your order will be shipped as soon as practicable and inaccordance with the terms contained herein. Afterpay only defers thepayment, not your new dress!
Can I return my Afterpay order?
We are able to issue returns for orders processed throughAfterpay. We will issue a credit to the amount of the purchasedproduct(s), or a refund if the order is purchased at full price. Anyreturned items processed through Afterpay must remain within the 7 dayReturns and Exchanges Policy in order to be granted a credit orexchange.
Please note: Shipping costs will not be reimbursed.
WEBSITE IS “AS IS”
Use of the Website is on an “as is” and “as available” basis.
Use of the Website is at your own risk.
ENA PELLY does not warrant or guarantee that the Website isaccurate, correct, secure, reliable, timely, complete, adequate for anypurpose or that it will remain uninterrupted or virus free.
To the maximum extent permitted by the law, ENA PELLY is not liable for any error or omission in the information on the Website.
ENA PELLY may modify, discontinue, interrupt, suspend or limitthe use of the Website at any time when we believe it is reasonablynecessary to do so. To the maximum extent permitted by the law, ENAPELLY is not liable for any modification, discontinuance, interruption,suspension or other limitation of the Website.
Any material downloaded or otherwise obtained through the Websiteis done so at your own risk and discretion. ENA PELLY is notresponsible in any way for any damage to your computer or network thatmay result.
ENA PELLY BLACK FRIDAY / CYBER MONDAY SALE
Shop up to 30% off sitewide* on enapelly.com, offer valid from 6:00 pm EST Thu, Nov 24 November 2022 until 7.59am EST Monday 28th November. The offer cannot be applied to orders before or after the dates outlined. Offer available while stocks last and or/ unless otherwise withdrawn or extended. Prices as marked. Offer excludes purchase of gift vouchers. Offer valid through enapelly.com.au. The offer cannot be used in conjunction with any other promotion, discount code or vouchers. Ena Pelly reserves the right to exclude items from sale and/ or remove products during the sale period. No returns, refunds or exchanges - all warehouse sale items are final sale.
FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS
If you fail to comply with these Terms and Conditions as amendedfrom time to time, ENA PELLY may without limitation, in our absolutediscretion and without notice:
suspend or terminate your access to the Website; or
take legal action where necessary.
LIABILITY
To the maximum extent permitted by the law and subject to the ENAPELLY Returns and Delivery Policy, ENA PELLY expressly disclaims allrepresentations and warranties of any kind contained on the Website,unless otherwise stated.
ENA PELLY is not liable for any loss, damage, cost, expense,liability, action, claim, judgment or penalty whatsoever arisingdirectly or indirectly as a result of or in connection with:
your use of the Website;
your inability to use the Website for whatever reason;
the deletion, correction, destruction, damage, loss or failure to store or retain information;
any unauthorised access to the Website;
the transmission of any virus onto your computer;
the unauthorised alteration of data or transmissions;
any other matter relating to the ENA PELLY website; and
any breach of these Terms and Conditions by you.
INDEMNITY
You agree to indemnify and hold ENA PELLY harmless against anyloss, damage, cost, expense, liability, action, claim, judgment orpenalty suffered by ENA PELLY arising directly or indirectly as a resultof or in connection with:
a breach of these Terms and Conditions by you;
your access to or use of the Website; or
a breach of Australian and/or International intellectual property laws by you.
SEVERANCE
If any part of these Terms and Conditions is found to be invalidor unenforceable, the remainder of the Terms and Conditions willcontinue to apply.
QUERIES
If you have any queries or would like more information aboutthese Terms and Conditions please contact our customer service team viaemail at enquiries@enapelly.com.au
