Terms of Service – Donnabelle Dresses

Overview

This website is owned and operated by Donnabelle Dresses. Throughout the site, the terms "we", "us" and "our" refer to Donnabelle Dresses.

Donnabelle Dresses is an independent online retailer that operates internationally and ships orders from an overseas fulfilment centre. Please see our Shipping Policy for delivery details.

By accessing this website, using our services or purchasing from us, you agree to be bound by these Terms of Service ("Terms"), together with any policies or notices referenced on this website.

These Terms apply to all users of the website, including visitors and customers.

Please read these Terms carefully before accessing or using our website. If you do not agree with these Terms, you should not use our website or services.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer and sell our products and services.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

1 – Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or territory of residence, or that you have the consent of a parent or legal guardian where required.

You must not use our products, website or services for any unlawful or unauthorised purpose.

You must not violate any applicable laws or regulations, including intellectual property and copyright laws.

You must not transmit viruses, malware or any other malicious or harmful code.

A breach of these Terms may result in suspension or termination of your access to our services.

2 – General Conditions

We reserve the right to refuse or cancel service where reasonably necessary, including in cases of suspected fraud, misuse, unlawful activity or breach of these Terms.

You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or website content without our prior written permission, except where permitted by law.

Information transmitted through the internet may pass through different networks and systems. Payment information is handled using appropriate security measures and encryption provided by our payment and e-commerce providers.

3 – Accuracy of Information

We make reasonable efforts to ensure that information provided on our website is accurate, complete and current.

However, occasional errors or outdated information may occur. Information provided on the website is for general purposes and should be considered together with the specific product information, policies and terms applicable to your purchase.

We reserve the right to update or correct website content where appropriate.

Nothing in this section excludes any rights you may have where goods do not correspond with their description or otherwise fail to comply with applicable consumer guarantees.

4 – Changes to Services and Prices

Product prices and availability may change from time to time.

Any price changes will not ordinarily affect orders that have already been accepted, except where permitted or required by law or where an obvious pricing error has occurred.

We may modify, suspend or discontinue products, website features or services at any time.

Nothing in this section limits your rights under the Australian Consumer Law.

5 – Products and Services

Certain products may be available exclusively online and may be available in limited quantities.

Returns, refunds and exchanges are handled in accordance with our Returns & Refunds Policy and your rights under the Australian Consumer Law.

Our products are dispatched from an overseas fulfilment centre, and delivery is handled in accordance with our Shipping Policy.

We make reasonable efforts to display product photographs, colours, measurements and descriptions as accurately as possible. However, colours and appearance may vary depending on your device, screen settings and lighting.

We may:

• limit quantities available for purchase;
• limit or refuse orders where reasonably necessary;
• discontinue products;
• update product descriptions or prices; and
• restrict sales where required by applicable law.

Product availability is not guaranteed until an order has been accepted and processed.

Nothing in these Terms excludes any consumer guarantee that applies under Australian law.

6 – Orders, Billing and Account Information

We reserve the right to refuse, limit or cancel an order where reasonably necessary, including where:

• a product is unavailable;
• incorrect pricing or product information has been displayed;
• we reasonably suspect fraudulent or unauthorised activity;
• payment cannot be authorised; or
• an order appears to be intended for unauthorised resale or other misuse.

If we cancel an order after payment has been received, we will provide an appropriate refund unless otherwise permitted by law.

Where reasonably possible, we will attempt to notify you using the email address, telephone number or other contact details provided with your order.

You agree to provide current, complete and accurate purchase, billing, delivery and account information.

You are responsible for checking your order and delivery details before completing your purchase.

7 – Optional and Third-Party Tools

We may provide access to tools, applications or services operated by third parties.

Your use of third-party services may also be subject to the terms and privacy policies of the relevant provider.

To the extent permitted by law, we are not responsible for third-party services that are outside our reasonable control.

Nothing in this section excludes liability that cannot lawfully be excluded.

8 – Third-Party Links

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience and do not necessarily constitute our endorsement of the third party or its content.

We recommend reviewing the terms, privacy policies and other applicable information of third-party websites before using their services or making a purchase.

To the extent permitted by law, we are not responsible for third-party websites or services outside our control.

9 – Reviews, Comments and Feedback

If you voluntarily submit reviews, comments, suggestions, photographs or other content to us ("Content"), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that Content for legitimate business and promotional purposes, subject to applicable law.

You confirm that you have the necessary rights to submit the Content and that it does not:

• infringe another person's intellectual property or privacy rights;
• contain unlawful, defamatory or misleading material;
• contain malicious software or harmful code; or
• otherwise violate applicable law.

We may moderate or remove Content where reasonably necessary.

Our handling of personal information contained in submitted Content remains subject to our Privacy Policy and applicable privacy laws.

10 – Personal Information

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy and applicable privacy laws.

Please review our Privacy Policy for information about how we handle your personal information.

11 – Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or other information.

We reserve the right to correct genuine errors and update information where appropriate.

If an error affects an order you have already placed, we will handle the matter reasonably and in accordance with applicable Australian law.

Nothing in this section limits your rights under the Australian Consumer Law.

12 – Prohibited Uses

You must not use our website or services to:

• engage in unlawful or fraudulent activity;
• solicit others to perform unlawful acts;
• violate applicable laws or regulations;
• infringe intellectual property rights;
• harass, abuse, threaten, discriminate against or defame another person;
• submit false or misleading information;
• upload or transmit viruses, malware or malicious code;
• unlawfully collect or track another person's personal information;
• send spam or engage in phishing or similar activities;
• interfere with the security or operation of the website; or
• scrape or automatically extract website content where prohibited by law or these Terms.

We may restrict or terminate access to our website where these Terms are breached.

13 – Consumer Guarantees, Warranties and Liability

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided by the Australian Consumer Law or any other applicable law where it would be unlawful to do so.

To the extent permitted by law, we do not guarantee that access to our website will always be uninterrupted, timely, secure or error-free.

We are not responsible for losses caused by circumstances outside our reasonable control, except to the extent that liability cannot lawfully be excluded.

Any limitation or exclusion of liability contained in these Terms applies only to the maximum extent permitted by applicable law.

14 – Indemnification

To the extent permitted by law, you agree to indemnify Donnabelle Dresses against reasonable losses, liabilities, claims and expenses arising directly from:

• your unlawful use of our website or services;
• your material breach of these Terms; or
• your infringement of the rights of another person.

This clause does not require you to indemnify us for losses caused by our own negligence, wrongful conduct or breach of applicable law.

15 – Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

16 – Termination

These Terms remain effective while you use our website or services.

You may stop using our website at any time.

We may suspend or terminate access where reasonably necessary, including where we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or interfered with the operation or security of our website.

Termination does not affect any rights or obligations that arose before termination.

17 – Entire Agreement

These Terms, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Donnabelle Dresses regarding your use of our website and services.

Nothing in this provision excludes representations, guarantees, rights or remedies that cannot lawfully be excluded under Australian law.

18 – Governing Law

These Terms are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws of Australia.

You and Donnabelle Dresses submit to the jurisdiction of the courts and tribunals having jurisdiction in New South Wales, subject to any rights you may have under applicable consumer law.

Where you purchase as a consumer, this choice of law does not deprive you of the protection of any mandatory consumer laws that apply in your place of residence.

19 – Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, services or legal obligations.

The most current version will be published on this page.

Changes will apply from the date they are published unless otherwise stated. Changes to these Terms will not retrospectively remove rights that have already arisen under an existing purchase or applicable law.

20 – Contact Information

If you have any questions about these Terms of Service, please contact us:

Donnabelle Dresses 

Operated by Ricardo José Pereira Nunes, Adress: Rua do Emigrante nº15, Vilar, Lisboa, 2550-069, Portugal. Email: support@donnabelledressessydney.com Phone: +351 928257084