1. About these terms
These Terms of Use (the "Terms") govern your access to and use of the online store at editionsept.com (the "Store") and any purchase you make from it. The Store is operated by Edition Sept ("Edition Sept", "we", "us" or "our"), a women's fashion retailer. The business responsible for the Store is Fashionape, trading as Edition Sept, registered in the Netherlands under Dutch Chamber of Commerce number 90123883, with its registered address at Hazelaarweg 27, 7556DN Hengelo, the Netherlands.
By accessing the Store, creating an account or placing an order, you agree to these Terms. If you do not agree, please do not use the Store. These Terms should be read together with our Privacy Policy, which forms part of your agreement with us and explains how we handle your personal information.
2. Eligibility
To place an order you must be at least 18 years of age and have the legal capacity to enter into a binding contract. The Store is intended for adults and is not directed at children. By placing an order you confirm that you meet these requirements and that the information you provide is accurate and complete.
3. Your account
You may browse the Store without an account, but some features require you to register. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Please notify us promptly if you believe your account has been used without your authorisation. We may suspend or close an account that we reasonably believe has been used in breach of these Terms.
4. Products and availability
We take care to describe and show our products accurately, including images, colours and measurements. Slight variations may occur because of screen settings, photography and the nature of fabric and dye lots, and these variations are not faults. All products are subject to availability. We may change, withdraw or limit the products offered at any time.
5. Pricing and currency
Prices are shown in the currency selected on the Store and are inclusive of GST where applicable. Delivery charges, where they apply, are shown separately before you complete your order. We try to ensure all prices are correct, but errors can occur. If we discover a pricing error in an order you have placed, we will contact you and give you the option to confirm the order at the correct price or cancel it, as set out in section 6.
6. Orders and the contract between us
Your order is an offer to buy. After you place an order we will send you an acknowledgement confirming that we have received it. This acknowledgement does not mean your order has been accepted. A binding contract is formed only when we send you a dispatch confirmation for the products ordered.
We may decline or cancel an order before dispatch, including where the product is unavailable, where there has been a pricing or description error, where we suspect fraud or a breach of these Terms, or where we are unable to obtain authorisation for your payment. If we cancel an order you have already paid for, we will refund the amount paid for the cancelled items.
7. Payment
Payment is taken through our payment providers at the time you place your order. By submitting an order you confirm that you are authorised to use the payment method. We do not store full card numbers on our systems. Further detail on how payment information is handled is set out in our Privacy Policy.
8. Delivery, risk and title
We will deliver to the address you provide at checkout. Estimated delivery times are indicative and are not guaranteed. Any specific delivery terms, costs and timeframes are set out in our Shipping Policy, which applies to your order alongside these Terms.
Risk in the products passes to you on delivery. Title to the products passes to you once we have received payment in full.
9. Returns, exchanges and refunds
Our Returns Policy explains how to return or exchange products, the timeframes that apply, and the condition products must be in. The Returns Policy applies to your order alongside these Terms. Nothing in our Returns Policy limits the rights you have under the Australian Consumer Law described in section 10.
10. Your rights under the Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (set out in the Competition and Consumer Act 2010 (Cth)). For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that you have under the Australian Consumer Law or any other law where it cannot lawfully be excluded.
11. Promotions and discount codes
From time to time we may offer promotions or discount codes. Unless we state otherwise, these cannot be combined, have no cash value, apply only while stock lasts and within the stated period, and may be withdrawn or changed at any time. We may decline to honour a code that has been obtained or used in a way we reasonably consider improper.
12. Marketing communications
If you have consented, or where otherwise permitted by law, we may send you marketing communications by email in accordance with the Spam Act 2003 (Cth). Every marketing email includes an unsubscribe option and you can opt out at any time. This does not affect transactional messages about your orders. How we manage your marketing preferences is described further in our Privacy Policy.
13. Privacy
We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms. Please read it to understand what we collect, how we use and disclose it, and the choices and rights available to you.
14. Intellectual property
All content on the Store, including the Edition Sept name, logos, text, images, graphics, page layout and design, is owned by or licensed to us and is protected by intellectual property laws. You may view and use the Store for your own personal, non-commercial purposes. You must not copy, reproduce, distribute, modify or create derivative works from any part of the Store without our prior written consent.
15. Your content and submissions
If you submit content to the Store, such as a product review or a message, you confirm that you are entitled to provide it and that it does not infringe the rights of others or breach any law. You grant us a non-exclusive, royalty free, worldwide licence to use, reproduce and display that content in connection with the Store and our business. We may remove content that we reasonably consider unlawful, misleading or otherwise inappropriate.
16. Acceptable use
You agree to use the Store lawfully and not to misuse it. In particular, you must not attempt to gain unauthorised access to the Store or its systems, introduce malicious code, interfere with the operation of the Store, scrape or harvest data, place fraudulent orders, or use the Store in a way that infringes the rights of others. We may restrict or withdraw access if you breach this section.
17. Third-party links
The Store may contain links to third-party websites and services that we do not control. We provide these links for convenience only and are not responsible for the content, products or practices of those third parties. Your use of a third-party website is at your own risk and subject to that party's own terms.
18. Availability of the Store
We aim to keep the Store available but do not guarantee that it will be uninterrupted or error free. We may suspend, withdraw or restrict all or part of the Store for maintenance, security or operational reasons. We will try to give notice where reasonable but are not obliged to do so.
19. Disclaimers
Except for the guarantees and rights that cannot be excluded under the Australian Consumer Law and other applicable laws, the Store and its content are provided on an "as is" and "as available" basis. To the extent permitted by law, we do not make any further warranties about the Store, its content or its availability.
20. Limitation of liability
Nothing in this section limits your rights under the Australian Consumer Law or any liability that cannot be excluded by law, including for death or personal injury caused by our negligence or for fraud.
Where our goods or services are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so.
Subject to the above, and to the extent permitted by law, we will not be liable for any indirect, special or consequential loss, or for any loss of profit, revenue, data or goodwill, arising out of or in connection with your use of the Store or any product purchased through it. To the extent permitted by law, our total liability arising out of or in connection with an order is limited to the amount you paid for that order.
21. Indemnity
To the extent permitted by law, you agree to indemnify us against any loss, damage, cost or expense we reasonably incur arising from your breach of these Terms or your unlawful or wrongful use of the Store.
22. Events beyond our control
We are not responsible for any delay or failure to perform our obligations where this is caused by an event beyond our reasonable control, including acts of nature, strikes, failures of carriers or suppliers, interruptions to telecommunications or power, or government action. We will take reasonable steps to limit the effect of any such event.
23. Suspension and termination
We may suspend or end your access to the Store if you breach these Terms or if we reasonably consider it necessary to protect the Store, our customers or our business. Sections that by their nature should survive termination, including those on intellectual property, liability, indemnity and governing law, will continue to apply.
24. Changes to these terms
We may update these Terms from time to time to reflect changes in our business or the law. The current version will always be available on the Store, and the date at the top shows when it was last updated. The Terms that apply to your order are those in force at the time you place it.
25. Governing law and jurisdiction
These Terms are governed by the laws of the Netherlands. Nothing in these Terms limits, excludes or modifies any rights you may have under applicable mandatory consumer protection laws, including the Australian Consumer Law where it applies.
You and we submit to the non-exclusive jurisdiction of the courts of the Netherlands and any other court that has jurisdiction under applicable mandatory consumer protection laws.
26. General
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in force. Our failure to enforce a right is not a waiver of that right. You may not transfer your rights or obligations under these Terms without our consent. We may assign our rights and obligations to another entity. These Terms, together with our Privacy Policy and any policy referred to in them, make up the entire agreement between you and us about your use of the Store. Nothing in these Terms creates a partnership, agency or employment relationship between you and us.
27. How to contact us
For any question about these Terms or your order, please contact us:
- Email: customercare@editionsept.com
- Postal address: Hazelaarweg 27, 7556DN Hengelo
For questions about how we handle your personal information, please see our Privacy Policy.
1. About these terms
These Terms of Use (the "Terms") govern your access to and use of the online store at editionsept.com (the "Store") and any purchase you make from it. The Store is operated by Edition Sept ("Edition Sept", "we", "us" or "our"), a women's fashion retailer. The business responsible for the Store is Fashionape, trading as Edition Sept, registered in the Netherlands under Dutch Chamber of Commerce number 90123883, with its registered address at Hazelaarweg 27, 7556DN Hengelo, the Netherlands.
By accessing the Store, creating an account or placing an order, you agree to these Terms. If you do not agree, please do not use the Store. These Terms should be read together with our Privacy Policy, which forms part of your agreement with us and explains how we handle your personal information.
2. Eligibility
To place an order you must be at least 18 years of age and have the legal capacity to enter into a binding contract. The Store is intended for adults and is not directed at children. By placing an order you confirm that you meet these requirements and that the information you provide is accurate and complete.
3. Your account
You may browse the Store without an account, but some features require you to register. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Please notify us promptly if you believe your account has been used without your authorisation. We may suspend or close an account that we reasonably believe has been used in breach of these Terms.
4. Products and availability
We take care to describe and show our products accurately, including images, colours and measurements. Slight variations may occur because of screen settings, photography and the nature of fabric and dye lots, and these variations are not faults. All products are subject to availability. We may change, withdraw or limit the products offered at any time.
5. Pricing and currency
Prices are shown in the currency selected on the Store and are inclusive of GST where applicable. Delivery charges, where they apply, are shown separately before you complete your order. We try to ensure all prices are correct, but errors can occur. If we discover a pricing error in an order you have placed, we will contact you and give you the option to confirm the order at the correct price or cancel it, as set out in section 6.
6. Orders and the contract between us
Your order is an offer to buy. After you place an order we will send you an acknowledgement confirming that we have received it. This acknowledgement does not mean your order has been accepted. A binding contract is formed only when we send you a dispatch confirmation for the products ordered.
We may decline or cancel an order before dispatch, including where the product is unavailable, where there has been a pricing or description error, where we suspect fraud or a breach of these Terms, or where we are unable to obtain authorisation for your payment. If we cancel an order you have already paid for, we will refund the amount paid for the cancelled items.
7. Payment
Payment is taken through our payment providers at the time you place your order. By submitting an order you confirm that you are authorised to use the payment method. We do not store full card numbers on our systems. Further detail on how payment information is handled is set out in our Privacy Policy.
8. Delivery, risk and title
We will deliver to the address you provide at checkout. Estimated delivery times are indicative and are not guaranteed. Any specific delivery terms, costs and timeframes are set out in our Shipping Policy, which applies to your order alongside these Terms.
Risk in the products passes to you on delivery. Title to the products passes to you once we have received payment in full.
9. Returns, exchanges and refunds
Our Returns Policy explains how to return or exchange products, the timeframes that apply, and the condition products must be in. The Returns Policy applies to your order alongside these Terms. Nothing in our Returns Policy limits the rights you have under the Consumer Guarantees Act 1993 described in section 10.
10. Your rights under New Zealand consumer law
Where you acquire products from us as a consumer, our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993, including that the goods are of acceptable quality and match their description. If goods fail to meet a guarantee, you may be entitled to a repair, replacement or refund, and in some cases to compensation for reasonably foreseeable loss, as set out in that Act.
We also comply with the Fair Trading Act 1986, and we will not engage in misleading or deceptive conduct or make false representations about our products.
If you acquire products for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, to the extent the law allows you to agree to this. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under New Zealand law where it cannot lawfully be excluded.
11. Promotions and discount codes
From time to time we may offer promotions or discount codes. Unless we state otherwise, these cannot be combined, have no cash value, apply only while stock lasts and within the stated period, and may be withdrawn or changed at any time. We may decline to honour a code that has been obtained or used in a way we reasonably consider improper.
12. Marketing communications
If you have consented, or where otherwise permitted by law, we may send you marketing communications by email in accordance with the Unsolicited Electronic Messages Act 2007. Every marketing email includes a clear unsubscribe option and our contact details, and you can opt out at any time. This does not affect transactional messages about your orders. How we manage your marketing preferences is described further in our Privacy Policy.
13. Privacy
We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms. Please read it to understand what we collect, how we use and disclose it, and the choices and rights available to you under the Privacy Act 2020.
14. Intellectual property
All content on the Store, including the Edition Sept name, logos, text, images, graphics, page layout and design, is owned by or licensed to us and is protected by intellectual property laws. You may view and use the Store for your own personal, non-commercial purposes. You must not copy, reproduce, distribute, modify or create derivative works from any part of the Store without our prior written consent.
15. Your content and submissions
If you submit content to the Store, such as a product review or a message, you confirm that you are entitled to provide it and that it does not infringe the rights of others or breach any law. You grant us a non-exclusive, royalty free, worldwide licence to use, reproduce and display that content in connection with the Store and our business. We may remove content that we reasonably consider unlawful, misleading or otherwise inappropriate.
16. Acceptable use
You agree to use the Store lawfully and not to misuse it. In particular, you must not attempt to gain unauthorised access to the Store or its systems, introduce malicious code, interfere with the operation of the Store, scrape or harvest data, place fraudulent orders, or use the Store in a way that infringes the rights of others. We may restrict or withdraw access if you breach this section.
17. Third-party links
The Store may contain links to third-party websites and services that we do not control. We provide these links for convenience only and are not responsible for the content, products or practices of those third parties. Your use of a third-party website is at your own risk and subject to that party's own terms.
18. Availability of the Store
We aim to keep the Store available but do not guarantee that it will be uninterrupted or error free. We may suspend, withdraw or restrict all or part of the Store for maintenance, security or operational reasons. We will try to give notice where reasonable but are not obliged to do so.
19. Disclaimers
Except for the guarantees and rights that cannot be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other applicable laws, the Store and its content are provided on an "as is" and "as available" basis. To the extent permitted by law, we do not make any further warranties about the Store, its content or its availability.
20. Limitation of liability
Nothing in this section limits your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any liability that cannot be excluded by law, including for death or personal injury caused by our negligence or for fraud.
Subject to the above, and to the extent permitted by law, we will not be liable for any indirect, special or consequential loss, or for any loss of profit, revenue, data or goodwill, arising out of or in connection with your use of the Store or any product purchased through it. To the extent permitted by law, our total liability arising out of or in connection with an order is limited to the amount you paid for that order.
21. Indemnity
To the extent permitted by law, you agree to indemnify us against any loss, damage, cost or expense we reasonably incur arising from your breach of these Terms or your unlawful or wrongful use of the Store.
22. Events beyond our control
We are not responsible for any delay or failure to perform our obligations where this is caused by an event beyond our reasonable control, including acts of nature, strikes, failures of carriers or suppliers, interruptions to telecommunications or power, or government action. We will take reasonable steps to limit the effect of any such event.
23. Suspension and termination
We may suspend or end your access to the Store if you breach these Terms or if we reasonably consider it necessary to protect the Store, our customers or our business. Sections that by their nature should survive termination, including those on intellectual property, liability, indemnity and governing law, will continue to apply.
24. Changes to these terms
We may update these Terms from time to time to reflect changes in our business or the law. The current version will always be available on the Store, and the date at the top shows when it was last updated. The Terms that apply to your order are those in force at the time you place it.
25. Governing law and jurisdiction
These Terms are governed by the laws of the Netherlands. Nothing in these Terms limits, excludes or modifies any rights you may have under applicable mandatory consumer protection laws, including the New Zealand Consumer Guarantees Act and Fair Trading Act where they apply.
You and we submit to the non-exclusive jurisdiction of the courts of the Netherlands and any other court that has jurisdiction under applicable mandatory consumer protection laws.
26. General
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in force. Our failure to enforce a right is not a waiver of that right. You may not transfer your rights or obligations under these Terms without our consent. We may assign our rights and obligations to another entity. These Terms, together with our Privacy Policy and any policy referred to in them, make up the entire agreement between you and us about your use of the Store. Nothing in these Terms creates a partnership, agency or employment relationship between you and us.
27. How to contact us
For any question about these Terms or your order, please contact us:
- Email: customercare@editionsept.com
- Postal address: Hazelaarweg 27, 7556DN Hengelo
For questions about how we handle your personal information, please see our Privacy Policy.