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Terms and Conditions
These are the terms and conditions which will apply to your purchase of clothing, accessories and other goods ("Goods") from the Karen Millen web site at www.karen millen.com , and www.shutl.karenmillen.com (the "Website").
This website and the Goods are provided by Karen Millen Australia Pty Ltd., a company registered in Australia under ACN 56 139 645 211 with a registered office at 19 Newton St Richmond Victoria 3121 Australia ("we", "us", "our"). When we refer to "you" and "your" we mean the user of the Website and purchaser of Goods.
These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying anything from this Website.
The terms and conditions contain the following sections:
- Part 1 – Information about the Website and the Goods;
- Part 2 – Buying and Reserving Goods and Delivery;
- Part 3 – Returning Goods;
- Part 4 – General terms relating to our relationship with you; and
- Part 5 - Competition terms and conditions
- Part 6 - Karen Millen Black Loyalty Programme
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods or the Website please email us at email@example.com
This Part sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
Separate Notices and Disclaimers apply to your use of the Website. By accepting these terms and conditions you also agree to the Notices and Disclaimers.
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
- the colours which are shown for the Goods on the Website will depend on many factors – including your display settings;
- all sizes and measurements are approximate;
- all Goods are subject to availability - we may not be able to supply your order;
- any delivery estimates given on the Website or by email are estimates only;
- the Goods and promotions which are offered on the Website may not be available in-store, and vice-versa
This Part sets out some terms which apply to your purchase or reservation of Goods from us through the Website.
Part 2a – Purchase
You make an offer to purchase a product from us (your "Order") by completing the staged process on the Website as set out below:
- Adding product to your shopping basket;
- Checkout step 1 – Login details;
- Checkout step 2 – address details;
- Checkout step 3 – payment details; and
- Confirmation of order.
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods.
We must receive full payment both of the price of the Goods and any delivery charges before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your Goods for dispatch.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we dispatch that product to you or to your nominated store as selected by you and send you an Order dispatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order dispatch email. A product which is not available will not be included in the contract for a product which is dispatched.
All prices are, unless otherwise stated, inclusive of GST and other applicable taxes.
All prices and charges on the Website are in Australian Dollars. Delivery charges may apply and these will be displayed in the order process.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
Part 2b – Delivery
We currently offer the delivery options detailed at http://www.karenmillen.com/DeliveryAndShipping/information/fcp-content
We endeavor to ensure that the Products that you order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither Karen Millen or our nominated carrier shall be under any liability for any delay or failure to deliver the Products within the estimated time frame.
Risk of loss and damage of Products passes to you on the date and time of delivery of the Products.
Orders can be returned or exchanged in stores. Please note we cannot refund or exchange sale items except where required by law.
This Part 3 sets out the terms which govern your right to return any Goods that you do not want to keep. When we deliver your Goods to you we will include a returns slip, and information on how to return Goods to us. If you want to return any items you must complete the returns slip and enclose this with the items you are returning.
You can, at any time within 14 days of receiving Goods from us, cancel your contract and return any Goods to us in the condition that they were sold by using the following methods:
- sending them in a securely wrapped parcel with a return authority form enclosed to the address details provided by the Customer Services team
If Goods are returned within the 14 day period, in the manner described below, we will offer you an exchange or gift voucher.
If Goods are returned within the 14 day period, in the manner described below, we will offer you an exchange or gift voucher.
For hygiene reasons earrings cannot be returned if unwrapped unless the item is faulty. Please ensure that Knickers, G-strings and Swimwear are tried on over your own underwear. We reserve the right to refuse returns of items where it is apparent that this has not been done. Please ensure you return them to us in their original condition and packaging, unworn and unwashed, with all labels intact..
We offer a free postal returns service on online sales when all Goods purchased are returned. In order to take advantage of this service, please follow the instructions on the delivery note enclosed with the Goods. Once you decide to return the Goods you must not use them and must take reasonable care of them while they remain in your possession. The Goods must be returned to us intact, undamaged as soon as reasonably possible. We will exchange goods for the price paid for the Goods returned.
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 as amended or superseded from time to time. If you wish, you may notify us by fax 01865 8834886 or email firstname.lastname@example.org that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to us in the manner specified in the above paragraph.
Nothing under these terms and conditions affects your statutory rights.
This Part 4 sets out some general terms that govern our relationship with you and purchases by you.
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control, including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
We warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue; loss of business; loss of profits or contracts; and loss of anticipated savings.
We reserve the rights to take any customer account out of use, or terminate any membership to our VIP programme ‘Karen Millen Black’ at any time if it is believed that the website, the products and services available through it, and/or such membership to Karen Millen Black are being misused.
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
The interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law unless as a matter of law you are entitled to rely on the laws of your country of domicile as a consumer.
You and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes for customers in England, and the Scottish courts for customers in Scotland. For all other customers unless as a matter of law you are entitled to bring or defend an action as a consumer in your country of domicile, you and we submit to the exclusive jurisdiction of the English Courts.
The intellectual property rights in all software and content made available to you on or through the Website is our property or the property of our licensors and all such rights are reserved by us and our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
Karen Millen is a trade mark belonging to us and no license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without our written permission.
The celebrities named or featured on karenmillen.com have not endorsed recommended or approved any of the items offered on the site.
Competition winners will be chosen at random and contacted by email to confirm the prize within 14 days of the closing date.
Prizes cannot be exchanged, and no cash alternative will be offered.
Employees of Karen Millen Australia Pty Ltd. are not eligible to enter.
Karen Millen Australia Pty Ltd. has the right to change or substitute prizes.
For details of the winner please send an SAE to the address below after the closing date.
Promoter: Karen Millen Australia Pty Ltd. 19 Newton Street Richmond VICTORIA 3121 Australia
All Programme applicants must be individuals aged 16 years or older, reside within Australia or New Zealand and must complete an application in-store or available online at https://www.karenmillen.com.au/pws/secure/ManageAccount.ice?secure_from=login. We may approve your application at our absolute discretion, and if approved we will activate your Karen Millen Black account and you will become a member ('Member'). All Members must include within their application a valid email address online at www.karenmillen.com.au in order to register. Any change of email address must be notified to us. We may refuse an application at our absolute discretion. Members will be able to update their personal details online at www.karenmillen.com.au.
Once you have been approved as a Karen Millen Black Member, you will be sent a VIP number which will be used to identify you in-store. We reserve the right to suspend or to terminate any Member's Programme account, if in our sole discretion we consider that the Member has breached the Terms, if the Member has supplied false or misleading information, if we consider that the Member has acted improperly or in an abusive, defamatory, criminal, or offensive way to any other Member or to our staff, or if it is believed that the Programme and the products and services available through it are being misused. Such misuse shall include but will not be limited to the purchase of products through the Programme for resale purposes.
You cannot transfer your Karen Millen Black membership or any of the stored points on your account to any other person. The Programme is only for personal, household and consumer use, points can only be earned, held or redeemed as set out in these Terms, or in the terms relating to any promotions and point offers related to the Programme, and may not be earned, held or redeemed in any other way.
Members will accumulate points on their Karen Millen Black account when they make qualifying Karen Millen purchases. As a Karen Millen Black Member you will automatically earn 1 point for every AUD $1 you spend in-store and online. At the end of each season (“Qualifying Accumulation Period”), any points accrued on your Karen Millen Black account will be converted into a reward voucher redeemable in participating stores.
There are two Accumulation Periods per calendar year:
- “Autumn/Winter” where you earn points between 1 January and 30 June inclusive.
- “Spring/Summer” where you earn points between 1 July and 31 December inclusive.
When a Member earns in excess of 1000 points within the Qualifying Accumulation Period, at the end of the Qualifying Accumulation Period a Reward Voucher shall be issued by Karen Millen via email or letter in accordance with the table below:
POINTS EARNED DURING PERIOD
REWARD VOUCHER ISSUED
> AUD $4001
The reward vouchers will only be valid on full price merchandise for the limited period of time as specified on the voucher, after which time they will expire. Once reward vouchers have expired they may not be used to make purchases. Your voucher must be used in a single transaction.
Please treat your reward vouchers as cash. Karen Millen cannot be responsible for lost, damaged or stolen vouchers, and they will not be re-issued or replaced.
The following terms shall apply to every Member's accumulation and use of points:
- only one Karen Millen Black account may be used per transaction;
- you can earn Karen Millen Black points in all standalone Karen Millen stores in Australia and New Zealand. You will also earn points when you shop online. You will not earn points in Concession and Outlet stores;
- you can earn points on full price, discounted or sale merchandise. You will not earn points on shipping chargers or when purchasing gift vouchers.
- there are two Qualifying Accumulation Periods per year. Autumn/Winter is 1 January until 30 June and Spring/Summer is 1 July until 31 December in each year. Points expire at the end of each period. Up to 3 weeks after the expiry of the points accumulation period, qualifying points will be converted into reward vouchers;
- if a Member is given a refund or other financial adjustment on any transaction, the points awarded on the transaction will be adjusted accordingly;
- points can only be applied retrospectively where sufficient evidence of a purchase is provided and at Karen Millen’s sole discretion, where points are awarded retrospectively they will be considered to be valid from the point at which they are applied (rather than the date of purchase);
- you can check the points balance on your Karen Millen Black account by asking in-store or by emailing Customer Service at email@example.com;
- you will not earn points on your postage and packaging spend when you shop online;
- we may not credit your account with the points from any given transaction until up to 7 working days after the transaction; and,
- points have no cash value.
The following terms shall apply to the redemption of any reward vouchers:
- members can redeem reward vouchers in standalone stores only;
- vouchers can only be redeemed in their country of issue. New Zealand vouchers cannot be used in Australia and Australian vouchers cannot be used in New Zealand.
- reward vouchers may be used as part or full payment on full price merchandise in Karen Millen standalone stores within Australia and New Zealand. You cannot redeem reward vouchers in Outlet and Concession stores. You cannot use your reward vouchers on gift cards or vouchers. If the product purchased is valued less than the equivalent amount of the reward voucher, then there will be no refund or cash alternative given out for the difference;
- only one Karen Millen Black account can be used per transaction when redeeming reward vouchers;
- if a purchase is refunded where the tender was a reward voucher, then the reward voucher and any additional tender used will be refunded according to the standard Karen Millen refund policy;
- reward vouchers cannot be used in conjunction with any other discount, offer, promotion or privilege card whether issued by us or by any third party;
- points may not be redeemed for cash under any circumstances.
The number of points earned from a purchase or required to qualify for a particular purchase may vary from time to time at our sole discretion.
Points will not be awarded when purchasing gift cards/vouchers. Reward vouchers cannot be used to purchase gift cards/vouchers.
Karen Millen and Aurora Fashions employees, sub-contractors and /or their agents, may not participate in the Programme.
Karen Millen Black Membership is only available to Australian and New Zealand residents.
We may terminate any Member's Programme account should the account be inactive for a period of eighteen months or more. Any points that were accredited to a Member's Programme account will be lost if the Member's Programme account is terminated or the Programme is closed. A Member can terminate his or her Programme account at any time by emailing firstname.lastname@example.org.
Members will receive periodical email updates of their points and rewards balance. The frequency of the communications may vary. Points balances can be checked in-store or by emailing email@example.com. Customer Service will correct an account if it is shown to our reasonable satisfaction to be wrong but, unless there are clear records showing this, our decision is final.
Points are personal to an account and cannot be transferred or combined with another account to redeem a reward.
We cannot be responsible for any unauthorised use of points. Any points not earned and held in accordance with these Terms will be invalid. Any such points will be deducted and other appropriate action may be taken by us.
These Terms may change and Members will be deemed to have accepted the updated Terms when they go online at www.karenmillen.com.au, or when they use their Karen Millen Black account. As such we strongly encourage you to review these Terms from time to time.
We may suspend or terminate the Programme at any time at our sole discretion and for any reason. In such event Members will be notified and all accounts will be suspended or terminated. If Karen Millen has a change of control or is sold or if we decide to sell or transfer the Programme to another company we may transfer all of our rights and obligations under these Terms to such other company or acquirer without any further consent and you now consent that we may disclose or transfer all information we hold about all Members including you to any prospective or actual new owner. Such a disclosure or transfer will not alter the rights of Members in respect of the use that can be made of such information by such other company or acquirer until the Terms are changed by such company or acquirer in accordance with the corresponding Section above.
The limit of our liability under these Terms will be exclusively to a Member who suffers a direct loss as a result of our breach of these Terms and in those circumstances our sole liability will be to credit to the relevant Members Programme account such points as may have been wrongly deducted or should have been credited but were not. Nothing in these Terms shall operate to limit any liability we may have for death, personal injury or fraud and these Terms shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
A person who is not a party to these terms and conditions shall have no right to enforce any term of these terms and conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
These Terms and any dispute, claim or non-contractual obligations arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of the State of New South Wales, Australia and you irrevocably agree that the courts of the state of New South Wales, Australia and the Commonwealth of Australia shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter.
Karen Millen Black Members will earn points on all qualifying transactions at the following Karen Millen Stores
- Standalone stores in: Australia and New Zealand
- Online at www.karenmillen.com.au
Karen Millen Black Members will not earn points on any transactions made at the following Karen Millen Stores
- Standalone stores in: United Kingdom, Republic of Ireland, Belgium, Denmark, Finland, France, Germany, Netherlands, Norway, Luxembourg, Spain, Sweden, USA
- All Karen Millen Outlet stores worldwide
- All Karen Millen Concession stores worldwide
- All Karen Millen Franchise stores in the following countries:
Azerbaijan, Bahrain, Bulgaria, Cyprus, Czech Republic, Egypt, Estonia, Greece, Hong Kong, Iceland, Indonesia, Jordan, Kazakhstan, Kuwait, Latvia, Lebanon, Malaysia, Monaco, Morocco, Portugal, Qatar, Romania, Russia, Saudi Arabia, Singapore, Switzerland, Thailand, Turkey, U.A.E., Ukraine, Vietnam
You can redeem your Karen Millen Black reward vouchers in the following stores only
- Standalone stores in Australia and New Zealand
- Vouchers can only be used in their country of issue
- You cannot redeem your reward vouchers in Outlet and Concession stores