TERMS AND CONDITIONS
Welcome to ALEEM YUSUF COUTURE (AYC) website
1.1 The Terms and Conditions govern your use of www.aleemyusuf.com (Website) and the Products and Services offered through the Website from time to time, including but not limited to the gowns, capes, robes, veils, headpieces, jewellery, accessories or design consultation services, made to measure couture gown appointments and general private appointments, and form a binding agreement between you and AYC.
For the avoidance of doubt, we do not sell any of our Products on any other online stores unless specified on the Website.
Without limitation, by clicking accept on your screen or continuing to use the Website or Products and Services, you will be deemed to have accepted and will be bound by these terms and conditions.
In these terms and conditions, the expressions “AYC” “we” “us” and “our” are a reference to ALEEM YUSUF COUTURE and references to “you” and “your” is a reference to the client accessing or using the Website and/or Products and Services.
2. USE LICENSE
2.1 AYC grants to you a worldwide, non-exclusive, non-transferable and limited right to access and use, but not replicate (unless you have written consent from AYC), the information available via the Website, for personal purposes. For the avoidance of doubt, you may not (without limitation):
(a) modify or copy the Website and/or Products and Services or any of the information or material produced by the Website or Products and Services;
(b) sell the content of the Website and/or Products and Services, or any of the information or material provided to you on the Website or Products and Services, for any purpose;
(c) display the content of the Website and/or Products and Services in public or online, unless written permission is obtained from AYC;
(d) attempt to decompile or reverse engineer or mirror any service, data or source code in relation to the Website and Products and Services or any search results within the Website and/or Products and Services;
(e) remove any copyright or other proprietary notations from the content of the Website and/or Products and Services;
(f) provide, transfer or otherwise make available the content of the Website and/or Products and Services to another person or entity, unless written permission is obtained from AYC;
(g) use the Website and/or Products and Services for illegal activities, or facilitate the Website and/or Products and Services being used for illegal activities;
(h) upload, transmit or otherwise infect the Website and/or Products and Services with a virus, Trojan or similar;
(i) harvest or collect any content of the Website and/or Products and Services, other than in the ordinary course of utilising the Website and/or Products and Services.
2.2 You must ensure that your access to this website is not illegal or prohibited by laws. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
2.3 We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
2.4 You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of the Website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
2.5 You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
2.6 You acknowledge and agree that all the material, content and information on the Website, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is proprietary to AYC and constitutes the intellectual property of AYC and that there is no transfer of title or ownership to you of any of AYC’s intellectual property.
2.7 AYC intellectual property cannot be used by any entity, business, company or individual in any shape or form, which includes copying, reproducing, distributing, manipulating, distorting, electronically distributing including all social media, illustration, photocopying, printing, faxing or posting, unless for the sole purpose and intent of promoting our business with our prior written consent.
2.8 The Website and Products and Services are protected by the Copyright Act. AYC reserves all intellectual property rights, which may include but not limited to services provided by us as well as content of the Website and Products and Services. None of the material may be reused, sold, copied, reproduced, distributed or exploited other than the purpose for which it is available or by prior written permission from us.
2.9 This license shall automatically terminate if you violate any of these restrictions and/or when your subscription to the Website and Subscription Services comes to an end. AYC may also terminate this licence at any time upon notice to you.
3. PRICE AND PAYMENTS
3.1 You will pay AYC the price associated with the selected Product(s) in full immediately upon confirming your Order.
3.2 AYC accepts any payment method accepted by SHOPIFY and that is available at checkout. We do not accept cheques or cash payments for Orders.
3.3 Unless indicated otherwise, you will be liable for shipping costs, which will be calculated at checkout, in full at the time of confirming your Order.
3.4 All amounts listed on the Website are in Australian dollars (AUD). All foreign currencies will be converted to AUD when payments are made and cleared, the Price is subject to exchange rate fluctuations.
3.5 For purchases made within Australia, Good and Services Tax (GST) is already included in the sale price. For purchases made from outside Australia, GST is not payable. However, there may be import duties and taxes levied by customs of your country for which you will be liable. Please contact your country’s customs department for information on import duties and taxes.
3.6 AYC reserves the right to vary the prices of its Products and Services at any time without notice. For the avoidance of doubt, any Products already Ordered and paid for, will remain at the same price.
4. PRODUCT SIZING & MEASUREMENTS
4.1 All Products available online have sizing and measurement guidelines to make it easy for you to choose the size closest to your measurements. Please see our sizing and measurements charts HERE
4.2 Subject to clause 4.3, AYC offers split sizes on selected Products. For example, if your dress size is a split size: bust 10, waist 8, hip 12, please select either size 8, 10 or 12 when adding to cart. At the checkout, in the notes section specify your split size.
4.3 Additional fees of AUD200 will apply for each split size except the first one. E.g. in the above example, there is no additional fee for split size bust 10 but additional fees of AUD400 will apply for the other two split sizes of waist 8 and hip 12. Please contact us if you require further clarification about split size fees or selection, before placing your Order.
4.4 After receiving the Order, we will contact you to confirm your split size measurements.
4.5 AYC are not liable for any errors in the measurements supplied by you to us or the selection of the incorrect size.
5.1 AYC takes all reasonable steps to ensure the Products are similar in size to the size and measurement charts at clause 4.
5.2 In the event the Product requires alterations, AYC are not liable for organising alterations by a third party seamstress and the associated costs are the client's responsibility.
5.3 Please feel free to contact us for further advice regarding alterations.
5.4 For Melbourne based clients, we may be able to provide the alterations service, please enquire for further information.
6. VARIATIONS IN PRODUCTS
6.1 There may be variations amongst similar or identical Products. We cannot guarantee that colours of products shown on the Website will be true to life. This depends on the colour settings of various computer screens. The swatches of fabric may slightly vary in colour compared to the actual product because of the slight variations in dyelots used during fabric production. In these circumstances, AYC are not liable for these variations and you shall not be entitled to a refund or exchange of the Product.
7. ORDERING PROCESS
7.1 When Ordering a Product, you may utilise the following timeline and process as a guide.
(a) You select the Product closest to your size and place the Order online.
(b) Following the payment being processed, AYC may contact you to confirm your dress size and measurements.
(c) The production process commences.
(d) The Product may take up to three months until ready for delivery unless stated otherwise.
7.2 For urgent Orders (less than three months from your wedding or special occasion) please contact us via our contact page before placing your Order. Additional fees may apply for urgent Orders.
7.3 'After Pay’ is available on selected products only, in accordance with After Pay policies and procedures.
7.4 The full After Pay payment schedule is calculated at the checkout according to your total Order value and the credit limit provided by After Pay.
8. PRODUCT AVAILABILITY
8.1 All product Orders are subject to availability. In case of product un-availability, you may request one of the following:
(a) Request a refund or;
(b) Choose a different product or;
(c) Request a credit note valid for one year from the date of issue.
9. DELAYS IN MANUFACTURING
9.1 In the event there are delays in producing your Order, which are our outside of the reasonable control of AYC, including but not limited to industrial disputes, strikes, lockouts, import or export restrictions and embargoes, acts of God, pandemic, epidemic, explosion, flood, tempest or fires, terrorism, war, sabotage, insurrection, or civil disobedience, we endeavour to keep you informed of the revised timeframe.
9.2 Subject to clause 9.1, in the event the Product will not be ready for delivery 7 days prior to your event, you will be entitled to a refund. For the avoidance of doubt, should your event not proceed on the scheduled date due to the delays outlined in clause 9.1, you will not be entitled to a refund.
10. CANCELLATION OF ORDER
10.1 Once a Product or Service has been confirmed (Order), you will be unable to cancel your Order for a full refund.
10.2 If you choose to cancel your Order within 72 hours of the Order being placed online, a cancellation fee of $350(AUD) will apply.
11. SHIPPING & DELIVERY
As we ethically make all our gowns in Melbourne, Australia, your made-to-order gown will be shipped within three months from the date of your order.
11.1 Shipping is via Australia Post Express or Sendle or DHL or UPS Express. All packages are sent with insurance and tracking.
11.2 Once your Order is dispatched, you will receive Australia Post Express or Sendle or DHL or UPS Express tracking information, so you can track your Order via Australia Post or Sendle or DHL or UPS websites. After dispatch, enquires regarding deliveries will be directed to Australia Post or Sendle or DHL or UPS by the client.
11.3 In addition to the 3 months (at maximum) required to manufacture the Product, deliveries within Australia, take upto three business days whereas international delivers take upto seven business days. AYC is not liable for any delays in the delivery of your Product due to circumstances beyond AYC’s control.
11.4 AYC pays for the insurance of all Products, when shipping, to the extent of their purchase price paid by the Client. AYC will not be liable for any damage or loss caused to the Products after shipping. Enquiries regarding loss or damage to products during transit will be directed to Australia Post or Sendle or DHL or UPS by the client. The insurance may not cover the replacement costs of the products in question and further investigation by shipping provider will be required in recovering and/or bearing the cost of lost or damaged products. We will not be responsible to cover the costs or replace the products in such instances which occur after products are handed over to the shipping companies.
11.5 All products undergo high quality control checks before shipping. AYC takes all reasonable steps to ensure that Products are not shipped to you if they are defective in any shape or form. AYC keeps a photographic record of the products prior to shipping to you.
12. RETURNS & EXCHANGES
12.1 AYC does not offer returns or exchange for change of mind.
12.2 You must try on the Product within 7 days of receipt, without make-up, lotions or fake tan.
12.3 In the event you believe the Product has a defect, you must notify AYC within 10 days of receipt. If you fail to notify AYC within 10 days of receipt, you, subject to the Australian Consumer Law, shall be deemed to have irrevocably accepted the Product.
12.4 Subject to any rights you may have under the Australian Consumer Law, if AYC accepts the Product as defective, AYC may at its discretion for minor defects:-
(a) Repair the product; or
(b) Replace the product with an identical product.
12.5 In the event of major defects, AYC may at its discretion:-
(a) Replace the product with an identical product; or
(b) Provide you with a credit or refund.
12.6 In all circumstances, AYC reserves the right to inspect the Product prior to determining the cause of defect and whether it is a minor or major defect. For the avoidance of doubt, at no time will AYC’s liability for any claim for defective Product exceed the Product price.
12.7 Please note that Products that become defective due to fair wear and tear or get damaged in transit or after you receive them, will not be considered as defective due to manufacturing. Furthermore, Products are to be in the original condition, without any signs of wear, alteration, dry-cleaning or washing.
12.8 We would consider a Product having a defect that occurred due to our manufacturing process. The defective product must be returned to us according to the process outlined as follows:-.
(a) Please contact us via email at email@example.com if you intend to return the defective purchased product. Please email us the images of the defect.
(b) Please fill out the return form included with your parcel and send this form back to us with your product. The address for returning your product is: ALEEM YUSUF COUTURE, 222 Johnston Street, Collingwood, VIC, Australia 3066.
(c) Products are to be returned using tracked postage via Australia Post Express or Sendle or DHL or UPS Express within 14 days of receiving them. For the avoidance of doubt, if the Product is deemed defective in accordance with clause 12.6 and 12.7, AYC will refund the return shipping cost.
12.9 Nothing in this clause 12, excludes, restricts or modifies the Australian Consumer Law, that cannot be excluded, restricted or modified.
13. LIMITATION OF LIABILITY AND INDEMNITY
13.1 You acknowledge and agree that, to the maximum extent permitted by law, AYC will not be liable in respect of any claim by you, whether contractual, tortuous, statutory or otherwise and whether or not as a result of any breach or default by AYC, for any special, incidental, direct or indirect, punitive or consequential damages or injury), arising out of or in connection with the provision of and your use of the Website and/or Products and Services under these Terms and Conditions.
13.2 Further, you agree that AYC will not be liable or responsible for any failure in, or delay to, the provision of the Website and/or Product and Services or in AYC complying with its obligations under these Terms and Conditions where such failure or delay has arisen as a direct or indirect result of:
fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
outbreak of an infectious or contagious human disease, including but not limited to a pandemic declared by the World Health Organisation or a Government authority;
denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
a significant demand is placed on AYC’s Website and/or Products and Services which is above the usual level of demand and which results in a failure of AYC’s software and hardware to function correctly;
the failure of any third party to fulfil any obligation to AYC; or
- any other circumstances or events similar to the above which are beyond the reasonable control of AYC.
13.3 In the event AYC is deemed liable in respect of any claim arising out of clause 13.1 and 13.2 AYC liability is limited to the cost of the Product purchased.
14. SITE WARRANTIES
14.1 AYC does not warrant that the Website and/or Products and Services, including its content:
(a) will be error free;
(b) will meet your expectations or requirements;
(c) is fit for a particular purpose;
(d) does not infringe any third party intellectual property;
(e) will be uninterrupted or error-free and available for use with your software and hardware;
(f) does not include technical, typographical, or photographic errors;
(g) is accurate, complete, reliable or current or that any sites linked from the Website and/or Products and Services, are accurate, complete, reliable, current and does not contain errors or omissions.
14.2 You warrant and represent that you have made your own enquiries to verify the information, specifications or representations provided to you by AYC and you warrant that you have not agreed to these Terms and Conditions in reliance upon any representations except for those written representations contained in these Terms and Conditions.
14.3 You acknowledge that AYC has not made and will not make any express or implied warranties in relation to the Website and/or Products and Services provided by AYC under these Terms and Conditions, other than those warranties expressly contained in these Terms and Conditions. Subject to this clause 14, any term that would be implied into these Terms and Conditions, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.
14.4 Reliance on Website and/or Product and Services
(a) AYC provides no guarantee or warranty to you that the Website and/or Products and Services available through the Website will be uninterrupted, error-free or secure from error, secure, timely, accurate, reliable, or that defects in the service will be corrected. Whilst AYC will endeavour to maintain ongoing access, access to the Website and/or Products and Services may be suspended, restricted or terminated at any time. AYC is not responsible for any problems or technical malfunction with the Internet, with the Website and/or Products and Services, or a combination thereof.
14.5 Accuracy of Data
(a) AYC makes every effort to ensure that the content of the Website and/or Products and Services are accurate, and we will correct any errors or omissions as soon as practicable after being notified of them, however, we do not guarantee that the Website and/or Products and Services will be fault free or that all of the information displayed will be completely accurate and AYC accepts no liability whatsoever for any errors or omissions.
(b) It is your responsibility to evaluate the information and other content available through the Website. This Website and the information and materials contained in this site are subject to change at any time, and from time to time, without prior or subsequent notice.
14.6 To the maximum extent permitted by law, AYC disclaims all warranties and representations (including express and implied) and responsibilities in relation to clause 16.
14.7 The Website may contain links to other websites. We are not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. We do not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites.
15. CUSTOMER DATA AND PRIVACY
15.1 You acknowledge and agree that the content and accuracy of the personal information, contact information and all other information you provide (Customer Data), is your responsibility.
15.3 AYC may use aggregated Customer Data for statistical and other purposes associated with its business, including for the purposes of developing new services, or new features for or improvements to existing features for Products and Services.
15.4 Each party shall, in relation to Personal Information, comply with the Privacy Law, and refrain from any action which would result in a breach of the Privacy Law, or which would amount to interference with the privacy of an individual.
16. VARIATION AND ASSIGNMENT
16.1 AYC may revise or vary these Terms and Conditions from time to time with immediate effect and your continued use of the Website and/or Products and Services after notification of such amendment constitutes you agreeing to be bound by the revised or varied terms and conditions.
16.2 AYC may assign, transfer or otherwise deal with these Terms and Conditions or any right or obligation under these Term and Conditions without your consent.
17.1 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision or portion will be severed from the Terms and Conditions and the remainder of these Terms and Conditions will continue in full force and effect.
18. GOVERNING LAW
18.1 These Terms and Conditions are governed by and construed in accordance with the laws of the state of Victoria, Australia and you irrevocably consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to these Terms and Conditions.
19. IMPORTANT NOTE: MASKS
Our masks are intended to enhance your personal style and reduce the burden on supply to health care workers. We do not make any warranties either express or implied, that our masks are a substitute for professional medical advice, prevention, diagnosis or treatment.
Do you still have any questions?
Please feel free to email us with your query at firstname.lastname@example.org
We will get back to you within 24hrs. Thank you for choosing ALEEM YUSUF COUTURE.
(This policy is effective as of 1 August 2020)