Terms and Conditions
1. Definitions and Interpretation
1.1 Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales or, for deliveries of Products, at the place of delivery.
1.2 Order means a request made by you and accepted by Elvigo Fashion to purchase products from Elvigo Fashion under these terms
1.3 ‘Elvigo Fasion’, ‘Elvigo Fashion’, ‘elvigofashion.com.au’, ‘us’, ‘our’ or ‘we’ refers to the owner of the website whose registered office is 43 Hollywood Street Monterey, NSW 2217. Our company’s legal name is I.I.M. ENTERPRISES PTY LTD trading as Elvigo Fashion, place of registration is Australia.
1.4 ‘you’ and ‘yours’ refers to the user, viewer of our website or individual or organisation who purchases, or agrees to purchase products and/or services from Elvigo Fashion. pursuant to these Terms.
1.5 “Contract” means the contract between Elvigo Fashion and you for the sale and purchase of Goods incorporating these Purchase Terms & Conditions.
1.6 “Goods” means the products and/or services that you agree to purchase from Elvigo Fashion.
2. Website Use
2.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
2.3 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2.4 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
2.5 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
2.6 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.7 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
3. Purchase Terms & Conditions
3.1 The terms and conditions set forth in this Purchase Terms and Conditions notice (the “Purchase Terms & Conditions”) shall govern the purchase of products and/or services (the “Goods”) from the I.I.M. ENTERPRISES PTY LTD Pty Ltd, (“Elvigo Fashion”, “Elvigo Fashion”, “us”, “our” or “we”) including http://www.elvigofashion.com.au, and all subdomains of this website, as well as all services related to such web sites (such web sites and services, collectively, the “Site”).
3.2 These Purchase Terms & Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and do not affect your statutory rights.
3.3 By purchasing products and services from the Site, you agree to be bound by these Purchase Terms & Conditions. If you do not agree to these Purchase Terms & Conditions, please do not purchase products and/or services from the Site.
3.4 Please note that to the extent that a Your purchase is carried out on a Linked Site that purchase will be subject to the terms and conditions of use applicable to such Linked Site.
4.1 Elvigo Fashion reserves the right to adjust the price of any Goods on the Site at its discretion without notice.
4.2 All prices displayed on the Site are quoted in Australian dollars (AUD), inclusive of Goods and Services Tax (GST) and standard shipping charges within Australia. Express shipping can be requested by you at paid for at your expense.
4.3 All shipping charges to destinations outside Australia will be borne by you.
4.4 Elvigo Fashion shall not be liable to anyone for adjusting the prices of any Goods on the Site or for refusing to process an order.
4.5 All pricing is subject to change up until the time you places an order and completes payment.
4.6 If you have saved a product to your Shopping Cart, and at some point later complete an order and make payment, the price will reflect current pricing, not the previous price.
4.7 If you reside outside of Australia, you accept liability for any standard shipping charges, foreign currency exchange variations, stamp duties, import duties, customs charges and taxes applicable to the country in which you reside.
5.1 You must be aged 18 or over on the date of entering into a Contract for the purchase of Goods by Elvigo Fashion.
5.2 These Purchase Terms & Conditions shall apply to all Contracts for the sale of Goods by Elvigo Fashion to you and shall prevail over any other documentation or communication from you.
5.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of these Purchase Terms & Conditions.
5.4 Any variation to these Purchase Terms & Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed to in writing by Elvigo Fashion.
6.1 All orders can be submitted to Elvigo Fashion via the check-out system provided on the Site or in the store. Orders may also be received by email, telephone, mail or linked websites such as Instagram or Facebook and will be accepted by Elvigo Fashion, and bound by these terms and conditions.
6.2 You assume full responsibility for the accuracy of measurements and sizing information provided to Elvigo Fashion. Elvigo Fashion holds no responsibility for inaccurate measurements provided by you or your personal measurements changing for any reason whatsoever.
6.3 lvigo Fashion will not be responsible for the costs of any garment alterations required by you. All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to these Purchase Terms & Conditions and are subject to acceptance by Elvigo Fashion.
6.4 After an order and payment is received, Elvigo Fashion shall confirm the order by email which constitutes Elvigo Fashion’s acceptance of your offer.
6.5 A minimum of 12 weeks is required from the date of order placement to the event date, unless the goods are in stock. In extreme circumstances, this time-frame may be reduced for rush orders at Elvigo Fashion’s discretion, but the order may be subject to additional charges to be borne by you.
6.6 Rush orders can only be stipulated at the time of order placement. Elvigo Fashion reserves the right not to accept any order for any reason, including insufficient time between the date of order placement and your event/wedding date.
6.7 In the event that the Goods ordered by you are not available, you shall be notified as soon as possible and given the option to either:
1) wait until the Goods are available, or;
2) receive a replacement product of similar style and price, or;
3) receive a refund within 30 days, or;
4) cancel the order.
7.1 Elvigo Fashion accepts payments made via Credit Cards. Bank transfers will be accepted by prior arrangement. If you make payment via Credit Card you may be redirected from the Site to a secure payment site.
7.2 All payments must be made to Elvigo Fashion in AUD$, as Elvigo Fashion does not exchange or convert foreign currency to AUD$.
7.3 You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any purchase of Goods on the Site.
7.5 Verification of information may be required prior to the acknowledgment or completion of any purchase.
- 8. Layby
8.1 You is required to pay a non-refundable deposit of AUD$50 to set up a layby account, which will count towards yours total payments.
8.2 There is a set repayment schedule which will be discussed and tailored to your needs and requirements.
8.3 You must adhere to the agreed repayment schedule any delays can lead to missed delivery date for the wedding date and delay in more than 2 calendar days for each payment will attract additional AUD$50 fee.
8.4 There are no additional service fee, interest charged or early payout fee (if you wish to complete your layby ahead of the required completion date).
8.5 All payments on Laybys are to be completed by you within 6 months or at least 1 month before the wear date, whichever occurs sooner.
8.6 Maximum Layby amount is $10,000.
8.7 You can make payments of any amount at any time during the course of the layby as long as the layby is completed in full by the required “completion date”.
8.8 If an item placed on layby becomes unavailable during the course of the layby, an exchange, credit or refund will be offered for that particular item.
8.9 You can cancel a layby at any time before the final payment is made.
8.10 You are to notify Elvigo Fashion via email of the cancellation and are to include the layby account/reference number, the dates of each of the payments made and the total amount paid.
8.11 Elvigo Fashion will refund the total payments made minus the AU$50 non-refundable deposit within 30 days.
8.12 Layby payments are accepted via credit card.
8.13 By pening a layby account, you are signifying that you have read and understood the Purchase Terms & Conditions. If you do not agree with the Purchase Terms & Conditions, please do not open a layby account.
8.14 Elvigo Fashion reserves the right to refuse to accept a layby and terminate a layby account at its sole discretion. This includes terminating a layby account due to non-payment or payments not being made by the required completion date.
8.15 Layby orders that contain several items will be shipped together as one order. A layby is not considered an order until the final payment has been received and all specifications for your order have been confirmed.
- 9. Products and Product Descriptions
9.1 Elvigo Fashion reserves the right to withdraw any Goods from the Site at any time.
9.2 Elvigo Fashion shall not be liable to anyone for withdrawing any Goods from the Site or for refusing to process an order.
9.3 Whilst all care is taken, Elvigo Fashion does not guarantee that product descriptions or other content on this Site will always be 100% accurate, complete, reliable, current, or error-free, including descriptions and images.
9.4 Fabric colours and materials may vary slightly from those shown on the Site. Colours may vary as to settings on computers and monitors, and it is therefore impossible to guarantee an exact colour match.
9.5 Dye lots can also vary significantly, up to 20% variation to the colours displayed on the Site. Colour charts are provided on the Site as a guide only.
9.6 Many garments available for sale on the Site are custom-made and embellished by hand. The finished Goods may vary slightly from the design shown on the Site, and therefore, whilst all care is taken, no guarantee will be given that finished Goods will be an exact or perfect replica of the product image shown on the Site.
9.7 Elvigo Fashion reserves the right, with or without prior notice, to change such descriptions, images, and references, to limit the available quantity of any product to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions.
- 10. Warranty
10.1 Elvigo Fashion shall not be liable for any direct, indirect, special or consequential loss or damage including loss of profit or any other form of compensation to anyone resulting from the supply of damaged or defective Goods.
10.2 You shall inspect the Goods immediately upon receipt and shall notify Elvigo Fashion via email within 3 business days of delivery if the Goods are damaged, defective, do not comply with the specifications on your order or wished to be returned for other reasons.
10.3 Photographic evidence should be attached to the email where possible to substantiate all damage, defect and non-compliance claims.
10.4 If you fail to notify us of the intention to return the goods within 3 business days of delivery, you shall be deemed to have accepted the Goods in good condition and the sale is final.
10.5 Goods that have been approved for return for reinspection by Elvigo Fashion must be returned using Elvigo Fashion’s identified Delivery Company, which will be provided with approval for return.
10.6 The Goods must be packed and returned to Elvigo Fashion in the original packaging. The onus is upon you to ensure the goods are safely provided to the Delivery Company.
10.7 The returned Goods must not be worn or show any signs of wear, including make-up marks, smelling of cigarette smoke, body odour or perfume.
10.8 Goods showing any signs of wear will not be accepted. Goods must be returned in their original condition and free of alteration.
10.9 Goods must be received by Elvigo Fashion within 20 business days of your receipt of the Goods.
10.10 If the Goods are confirmed to be damaged, defective or non-compliant with the specifications upon re-inspection by Elvigo Fashion, you will be notified as soon as possible and given the option to either:
1) receive an exchange, replacement or credit, or;
2) receive a refund within 30 days.
10.11 All other returns will be offered an exchange, replacement or credit once the goods are received by Elvigo Fashion
- 11. Refunds, Exchanges, Replacements and Credits
11.1 All goods will be offered a Refund, exchange, replacement or credit under the following circumstances:
1) If the goods become unavailable and the order cannot be fulfilled within a reasonable time frame, or;
2) If the goods received by you are damaged or defective, or;
3) If the goods do not comply with the specifications on your order.
11.2 ‘In Stock’ and ‘Made to Standard Size’ goods can be returned if in original condition with tags still attached and within specified timeframes outlined below, and will only be offered an exchange, replacement or credit.
11.3 ‘Custom Made’ goods cannot be returned, except if goods are unavailable, damaged, defective or do not comply with the order specifications.
11.4 The final exchange or replacement has to occur at least 2 months before the wedding/wear date. Elvigo Fashion is not liable if you has not found your dream dress due to lack of time before the wedding/wear date.
11.5 The Money Back Guarantee is only applicable to ‘In Stock’ and ‘Made to Standard Size’ goods. The Money Back Guarantee will only be honoured if there has been at least 3 exchanges/replacements take place and you has provided Elvigo Fashion the opportunity to source alternative dresses for you.
- 12. Contact Us
12.1 For further information regarding our Purchase Terms & Conditions, please contact us on:
Address: 43 Hollywood Street,
Monterey, Sydney, Australia, 2217, NSW
Phone: 04 81 783 516