Emily May Bridal Terms and Conditions

TERMS & CONDITIONS 
These Terms and Conditions (Terms) apply to every order you make to purchase product from Emily May placed via the website order, and Services requested by you and provided by Emily May Bridal Pty. Limited (Emily May) and you agree to be bound by them. No verbal agreement between you as the Client and Emily May or any employee, servant or Sales Representative of Emily May will be binding on Emily May. 

These Terms will be binding on you by you doing one or more of the following:  Using the Website, Book an Appointment/Consultation, Placing an Order, or Accepting delivery of the product.

1. DEFINITIONS AND INTERPRETATION

Force Majeure Event refers to any event caused by circumstances beyond the reasonable control of Emily May and includes, but is not limited to, acts of God, legislative, regulatory, or judicial requirements, war, riot, strikes, labour disputes, fire, flood, pandemic, epidemic, failure of equipment, earthquake, or other natural disaster.

Garment(s) refers to the garment(s) produced by Emily May for the Client as a product of the Service.

Intellectual Property means all statutory, common law and proprietary rights and interests, including patents, designs, trademarks, copyright works, layout designs, know-how and other information, whether registered or unregistered (including applications for such rights) as may exist anywhere in the world at any time.

Price means the amount payable by Client to Emily May in respect of the Garment(s) and/or Services provided by Emily May.

Services has the meaning set out for the purposes of these Terms refers to any of the stages associated with Emily May’s ability to provide the Service.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended from time to time).

Emily May means Emily May Bridal Pty. Limited ABN 23 641 998 692 and ‘we’, ‘us’, and ‘our’ have a corresponding meaning.

Sales Taxes means all indirect sales and consumption taxes applicable to or levied upon the supply of any Product by Emily May to you in any relevant jurisdiction, including without limitation, GST, and similar taxes.

Website means https://www.emilymaybridal.com.

You mean the buyer of Product from Emily May Bridal under these Terms.

2. PRICE AND PAYMENT

The purchase price excludes delivery costs, alterations costs and sales taxes.

If you are ordering from outside Australia, import duties, taxes and custom charges may be applicable in your home country and are payable by you in addition to the purchase price.

You must pay the purchase price to Emily May in full. You may use Credit Card, PayPal, or via direct deposit to our bank or any other method Emily May, may offer from time to time. If you make any payment by credit card, Emily May, may apply a surcharge equal to the surcharge by Emily May’s bank at the time of payment.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses or does not, for any reason, authorise payment to Emily May, whether in advance or after a payment, Emily May will not be liable for any delay or non-delivery.

3. BOOK AN APPOINTMENT 

An on-site appointment with our Sales Representative or a Zoom appointment a with our Sales Representative can be booked via our website. A non-refundable appointment fee is payable to secure your appointment. If you cancel or change your appointment less than 48 hours prior, the appointment fee will be retained by Emily May and is not refundable or transferable. This appointment fee will not be redeemable to any product you are going to order.

An on-site appointment may be accepted or rejected at our absolute discretion.

4. ORDERING

We make your order based on the standard size your ordered via our website.

A standard size means any dress size listed in Emily May Bridal Size Chart, whether that be a size 8 or a size 20. It simply means your dress will be made to a size rather than to your exact body measurements (which we call made to measure). As many of us know sizing can vary from store to store and brand to brand so it is important that you take measurements of your body and match up with Emily May size chart to choose a size.

All standard size dresses are likely to need some alterations such as a small lift at the shoulder or the hem. Please check our size chart and measurements page if you need more information how to order the right size.

5. NO CHANGE TO AN ORDER

We reserve all rights to refuse any requests for variations once your order is accepted, that is include wedding day, dress size, colour, style, design and delivery address or other details.

You acknowledge and agree that all Product is made to order per your requirement. Emily May doesn’t offer refunds for change of mind or for cancellation of a wedding and cannot accommodate requests for changes in those circumstances. 

6. DRESS ALTERATIONS

We make your order base on the standard size your ordered via our website. One or more alterations are required to achieve the best fit. It is your responsibility to arrange such alterations and pay for the associated costs. 

Emily May will not be liable for any damage or error caused to or suffered by the Product during any alteration services.

7. DELIVERY

Emily May will arrange for the product to be delivered to the address specified by you in the Order (Delivery Address) via any delivery contractors we use from time to time. The tracking details will send to you once the product is on the way to you.

For Rush Orders, it is your responsibility to provide us with an appropriate Delivery Address that is not likely to change before delivery, and for all other Orders,
You must notify us in writing of any changes to the Delivery Address, this is not guaranteed to be available to update depending on the progress of order.

Once manufacturing of the Product is complete, we will deliver the Order to the Delivery Address. All Product requires a signature on delivery. You must ensure you or someone else is available at the Delivery Address to sign for your Product.

Emily May will charge you a delivery fee for delivery of the Product (in addition to the Purchase Price), that will be notified to you at the time of placing your Order. You acknowledge that any special delivery requirements requested by you may incur additional costs and are subject to availability and timeframes. You agree to pay us for such additional costs.

If the Product is returned to Emily May as sender (due to an error or omission in the Delivery Address notified by you to Emily May), Emily May will store the Product for two weeks on your behalf, after which ownership in the Product transfers to Emily May. You acknowledge that any Product returned and stored by Emily May is at your risk and you accept responsibility for all loss, damage and/or deterioration caused to or suffered by the Product.

To the extent permitted by law, we do not accept any liability whatsoever for delayed or failed delivery or Product that is lost or damaged during delivery, where the delay, failure, loss, or damage is caused by you or any third party.

8. DEFECTS, ERRORS, REFUNDS 

The rights conferred on you in this clause 8 are in addition to and not intended to limit your rights under the Australian Consumer Law.

You must try on the Product as soon as possible after delivery, without make-up, lotions, or fake tan. If you believe Emily May has made an error with the Product you must notify Emily May of the error in writing (with photos to show the error) within 72 hours of the Delivery Date. If notification is not received within this timeframe, then subject to the Australian Consumer Law, you shall be deemed to have irrevocably accepted the Product.

Subject to any rights you may have under the Australian Consumer Law, if Emily May accepts the Product as defective, Emily May will at its discretion, replace the Product free of charge, repair or alter the Product (at Emily May’s cost) or provide you with a credit or refund. Emily May reserves the right to inspect Product prior to determining whether any defect or error exists. For the avoidance of doubt, at no time will Emily May’s liability for any claim for defective Product exceed the Purchase Price.

The following items are not defects in workmanship or materials and are excluded from the scope of clause 8(c):

• accidental damage caused by you, wear, tear, fraying or otherwise that appears or occurs after the Delivery Date;
• imperfections or variations in placement in any irregular or handstitched fabrics such as lace;
• colour fading over time;
• failure to maintain and clean any part of the Product in accordance with any specific directions given to you or that accompany the Product.

9. TITLE TO PRODUCT 

The legal and equitable title to the Product will only be transferred from Emily May to you when the Purchase Price has been paid in full, or the Product has been delivered to the Delivery Address, whichever is the later. Legal title of the goods will immediately revert to Emily May if we refund any such payment to you.

10. RISK

Risk in the Product passes to you upon you taking possession or control of the Product or upon title in the Product passing to you, whichever is the earlier. The responsibility for insuring the Product passes to you contemporaneously with the passing of risk.

11.INTELLECTUAL PROPERTY

You acknowledge and agree that nothing in these Terms gives you any proprietary rights in or to any of Emily May’s intellectual property (including, for the avoidance of doubt, all copyright subsisting in the designs and other materials generated by or on behalf of Emily May in connection with the Product).

12.PRIVACY

Where you provide Emily May with your personal information or personal data (as defined in applicable Privacy Law), you agree and consent to provide that information to Emily May for the purposes set out in this clause 12 and in any privacy policy published by Emily May from time to time.

Emily May, may collect, use, and disclose that personal information for all purposes relating to the Order or fulfilling Emily May’s obligations under these Terms. This includes processing the Order, scheduling of manufacturing, delivery of Product, market research, business development, marketing, debt collection, customer reference checks and dealing with personal information in connection with any acquisition or potential acquisition of any part of Emily May’s business.

You agree Emily May, may use your image and name for promotional purposes or on its social media pages. You may advise us at any time if you do not agree to such use.

Emily May, may exchange personal information supplied by you with Emily May’s related bodies corporate, your authorised representatives and Emily May’s service providers that help us operate our business.

13.FORCE MAJEURE 

Emily May is not liable for failure to perform its obligations under these Terms to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by Emily May because of circumstances outside Emily May’s control, failure of Emily May’s systems or failure of a supplier to Emily May, provided that Emily May gives notice to you of the delay and uses reasonable efforts to remedy the cause of the delay.

14.LIABILITY

• You may have certain rights and remedies under the Australian Consumer Law (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted, or modified by these Terms. For example, Products come with non-excludable guarantees that they are of acceptable quality and fit for the purpose for which they are commonly acquired. Nothing in these Terms operates to exclude, restrict, or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction, or modification of which would contravene that statute or cause any of these Terms to be void (the Non-excludable Liabilities).
• All conditions, warranties, guarantees, rights, remedies, liabilities, or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on MWL are expressly excluded under these Terms. This does not apply to the Non-excludable Liabilities.
• Except in relation to Non-excludable Liabilities, Emily May’s liability to you arising directly or indirectly under or in connection with these Terms or the performance or non-performance of these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
• Emily May has no liability whatsoever to you for any loss, harm, damage, cost or expense (including legal costs on a full indemnity basis) in the nature of special, indirect or consequential loss or damage.
• for any liability relating to the Product not conforming to the sizes or for any claim that the Product is defective or deficient, Emily May’s liability to you is limited to replacing the Product, or repairing the Product (at the election of Emily May), and the cost of re-delivery to you; and
• for all other liability relating to any other loss or damage suffered or incurred by you in any way relating to these Terms and the Product, Emily May’s liability is excluded to the maximum extent permitted by law.
• In relation to Emily May’s liability to you for a failure to comply with any Non-excludable Liability Emily May acknowledges and agrees that:

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.

15.ELECTRONIC COMMUNICATIONS 

You agree to have notices or other relevant information sent to you via email by Emily May and to notify us of any changes to your contact details. If we cannot contact you on the details you provided, we will not be liable for any associated delays or non-delivery of the Product. Emily May accepts no liability for any direct, indirect, special, consequential, or other losses or damages of whatsoever kind arising out of any electronic transmission or your access to, or the use of the Website or any information contained therein (including for the avoidance of doubt, any viruses, malicious code, or other forms of interference which may damage your computer system). You agree to take your own precautions to ensure that the systems you use for email and accessing the Website do not expose you to risk and contain appropriate protection to prevent damage to your hardware and software caused by viruses, malicious code, or other forms of interference.

16.WAIVER 

Except as expressly set out in the Terms, a party waives a right under these Terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.

17.SEVERANCE 

If a provision of these Terms would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of these Terms.

18.VARIATION 

Emily May, may at any time vary the Terms applicable to future Orders and may notify you of the changes or provide any other notice under or in connection with the Terms by email. Emily May, may also vary the Terms at any time by publishing the revised Terms on its website and the revised Terms become effective from the date of publication.

19.ASSIGNMENT 

Emily May, may assign its rights, or transfer its obligations, under these Terms, (in whole or in part) to any of its related parties without your consent.

20.NOTICES 

Notices given by Emily May will be deemed to be received:

if given by email, on being sent, provided the notice is sent to the email address you gave Emily May, and no automated reply is received indicating that the message has not been received by the recipient of that email address or is undeliverable to that email address.

if given by post, on the third day after posting.

21.APPLICABLE LAW 

These Terms are governed by and interpreted in accordance with the laws of the State or Territory of Australia of the Delivery Address, and if the Delivery Address is outside of Australia, then these Terms are governed by and interpreted in accordance with Victoria law. The parties submit to the jurisdiction of the relevant State or Territory courts.