Terms and Conditions

Welcome to Sia Desi Boutique.  These Terms and Conditions, which incorporate any other documents referred to within these Terms, govern the supply of any products ordered by you on our website (“Site”) and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms.  We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

1. WEBSITE

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(c) interfere with security-related or other features of the Site.

1.3 To place Orders you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.  If you are under 18, you may only place an Order with the involvement of a parent or guardian.

1.4 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.5 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.  

2. INTELLECTUAL PROPERTY

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Sia Desi Boutique.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. 

3.1 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”).

3.2 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us via email immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.3 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);

(b) we suspect that you might on-sell our products to other consumers;

(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or

(d) if there has been an error in the imagery, price or product description on the Site,

(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion. 

3.4 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order.  If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.  We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.  Once an Order has been processed it cannot be cancelled.

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. 

4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

4.3 We will aim to leave the Order at the address advised by you at the time of purchase.  You must ensure that you are able to take Delivery of the product without undue delay.

By default, you provide authority to leave items at the address specified in your Order.  If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to us.  If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.4 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.5 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery.  If delivery is delayed, risk shall pass at the date when delivery would have occurred.  From the time when risk passes to you, we will not be liable for loss or destruction of the product.

4.6 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. RETURNS

5.1 We aim to provide you with products of the highest standard and quality.  If you have received a product with a defect, please contact us as soon as possible so we can help resolve the problem as swiftly as possible.  In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.  You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

5.2 If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate.  If the product is found not to have a genuine defect, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

5.3 It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to follow manufacturers’ instructions, using it in an abnormal way, or failure to take reasonable care on receipt of your delivery, during use, cleaning or storage of the product.

5.4 We do not generally provide returns or exchanges for change of mind, incorrect size selection or issues with fit (unless as a result of a defect); exceptions may apply where mutually agreed to prior to purchase.

6. DISCOUNTS / OFFERS

6.1 From time to time we may release coupons/promo codes that may be used on the Site.  Coupons/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them, in an email from us, or on our website - such as a minimum spend requirements, validity periods and brand, product or sale exclusions.  Only one coupon/promo code can be used per Order, and some coupons/promo codes may only be used once per coupon/promo code.  Coupon/promo codes cannot be used in addition to another coupon/promo code.

a) We may email coupons or promo codes with a code unique to you.  We accept no Liability for errors in the email address provided to us.  You are responsible for the use and safety of your coupons or promo codes - you should treat them like cash.  We assume no Liability for the loss, theft or illegibility of coupons or promo codes, including if they are used without permission, if your email is hacked or subject to unauthorised use.

b) We monitor the issuance and redemption of coupons and promo codes. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with their issuance or redemption, we may close or block access to ordering and/or require a different means of payment. 

c) Certain products may be excluded from promotions. Unless specifically stated, coupons/promo codes are not applicable to shipping costs or other fees. 

(d) Coupons/promo codes cannot be redeemed for cash or to buy gift cards.  If you place an Order for a product less than the value of a coupon/promo code, no refund or residual credit will be returned to you.  If the credit of a coupon/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). 

(d) We will apply coupons/promo codes on a pro-rata basis to eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a coupon/promo codes, we will only refund the final price you paid for that item. 

(e) We actively monitor misuse of coupons/promo codes and reserve the right to deactivate coupons/promo codes, or block any person that is not using a coupon/promo code in accordance with its Terms.

SOCIAL MEDIA

7.1 From time to time we may reach out to our customers via social media to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.

7.2 By responding to our post and using the required hashtag, you acknowledge and agree that:

a) You comply with the terms and conditions of the platform you are using to create that Content;

b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;

c) Your Content and social media handle may be featured across our social media platforms as well as our Site;

d) Sia Desi Boutique may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and

e) You are solely responsible for your Content and will not seek to hold Sia Desi Boutique liable for any demands by a third party related to our use of your Content.

7.3 You may revoke your permission for us to use your Content at any time by sending a request to our email address. Upon receiving such a request we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

8. DISCLAIMER AND LIABILITY

8.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or

(b) otherwise in relation to these Terms or the entering into or performance of these Terms. 

8.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our Breach of Duty;

(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under Australian Consumer Law; or

(d) any other Liability which cannot be excluded or limited by applicable law.

8.3

(a) To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements.  We do not warrant that the products will meet your individual requirements.  You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

(e) All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.

(f) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

(g) Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence).  You agree to accept sole responsibility for the legality of your actions under the laws that apply to you.  You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

9. INDEMNITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

10. PRIVACY POLICY AND COMMUNICATIONS

When you provide us with your email address or mobile phone number, you consent to us contacting you regarding updates on the status of orders, returns and refunds, and any other communications necessary to facilitate order fulfillment.  Where available, you may opt in to electronic communications in respect of news, promotions and cart reminders. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

11. DISPUTE RESOLUTION

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Sia Desi Boutique team at first instance.

12. GENERAL

12.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

12.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

12.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

12.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character.  No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

12.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

12.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of Sia Desi Boutique, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

12.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

12.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

12.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Victoria and both parties hereby submit to the jurisdiction of the courts of Victoria.