Website Terms & Conditions.

© Joslin Studio Pty Ltd 2021. All rights reserved. 
Last Update : Friday 18th March, 2022.

 

Acknowledgement & Acceptance.

By using the Website www.joslinstudio.com ("website"), you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and Joslin Studio Pty Ltd, ABN 42 624 810 411 (JOSLIN", we", us" or our") and its successors and assignees.

These Terms and Conditions, our Privacy Policy, Shipping Policy and Returns Policy are to be read together to form the whole of this agreement and will be collectively referred to as the 'Terms' and apply to all purchases made on our Website. You accept the Terms by purchasing from us.

Your purchase from the Website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to these Terms and Conditions, please do not use our Website.

 

Copyright, Trade Marks & Ownership of Rights.

The copyright, trademarks and other intellectual property rights in this Website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from Joslin Studio Pty Ltd is obtained, the use or misuse of any copyright, trademarks or intellectual Property is forbidden, including reproduction of our product photography and descriptions.

Intellectual Property includes but is not limited to:

  • All present and future rights to intellectual Property including inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
  • All rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
  • All work products are developed in whole or in part by us.

 

Design Registrations & IP Australia.

Joslin Studio Pty Ltd registers garment designs with IP Australia.  

 

Governing Law & Jurisdiction. 

These terms of service and terms and conditions are to be construed by the laws of Victoria, Australia, and, in the event of any dispute or claim associated with these terms of service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

 

Indemnity.

You agree to indemnify, defend and hold harmless Joslin Studio Pty Ltd, its directors, officers, employees, consultants, agents, stockists and affiliates from any third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website, or your breach of these terms of service.

 

Hire & Rental Businesses. 

Joslin does not support or condone dress hire and dress rental businesses for the following reasons:

  • Joslin garments are designed for longevity, not for single use. 
  • Each dress' carbon footprint increases through postal services due to increased aviation in freighting logistics when the garment is shipped out and returned.
  • In between each hire, the dress is dry-cleaned. Dry cleaning involves liquid chemicals such as perchloroethylene, damaging waterways and oceans.
  • Dresses are not ordered ethically through the Designer or authorised wholesale sales agent.

By purchasing a product from this Website, you agree that you will not hire or rent your purchased garment(s) without written permission, consent, and authorisation from Joslin Studio Pty Ltd. 

Joslin Studio Pty Ltd has not authorised any designs, garments, or products to be sold, hired, or rented out by any other business or entity within Australia, other than Joslin Studio Pty Ltd or stockists authorised by Joslin Studio Pty Ltd within Australia or overseas. 

Joslin Studio Pty Ltd reserves the right to refuse a sale and refund the customer before shipment if suspected of being from a hiring boutique. 

 

Consumer Law.

Change Of Mind On Purchase.

By Victorian (Australian) Consumer Law, we are not required to offer you a refund for returns due to sizing, fit or change of mind. Consumer guarantees do not apply if you receive what you asked for but later change your mind, find the same item somewhere else for a lower price or decide you no longer want or need what you have purchased. For further information, visit consumer.vic.gov.au 

Manufacturing Fault.

We aim to provide the highest quality garments and customer care, but from time to time, something may go wrong. By Australian Consumer Law, we reserved the right to repair a minor fault or minor problem (i.e. a resend, replace or re-sew a button that has fallen off). In this case, all extra costs involved to the customer will be refunded with proof of receipt or paid for by Joslin Studio Pty Ltd. In the case of a genuine manufacturing fault, we will refund all costs incurred to your original payment method. By Australian Consumer Law, consumers must give the supplier the chance to fix the problem. It is at the discretion of Joslin Studio Pty Ltd to:

  •  Provide an identical replacement or of similar value
  •  Repair the product within a reasonable time, or
  •  Give a refund.

The consumer's rights to a remedy apply to the replacement product in the same way as the original product. Please note a manufacturing fault does not include general wear and tear, the garment's care instructions not being strictly followed, or marks left from false tan, grease, oil, food, drink, makeup, ink, dirt, dust or marks of a similar nature. 

Refunds.

When a refund is provided due to a manufacturing fault, we will refund all costs incurred, strictly to your original method of payment used with our Website software. 

Natural Fabrications.

 Due to the characteristics of these natural fibres, it is usual for certain inherent irregularities or natural raw flecks to occur within the cloth and for creasing to appear when worn. Returns for exchange or credit note, or complaints regarding a 'manufacturing fault' will not be accepted.

  

Disclaimer of Liability. 

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Joslin Studio Pty Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Joslin Studio Pty Ltd's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

 

Discount Codes. 

Discount codes are solely at Joslin Studio Pty Ltd. Strictly one discount code can only be used at any one time. Discount codes cannot be used in conjunction with other discount codes. Discount codes can only be applied at checkout. If you have a CREDIT NOTE and wish to use it in conjunction with a discount code, please contact customercare@joslinstudio.com to receive assistance.

 

Welcome Discount Code. 

Joslin Studio Pty Ltd may offer a subscriber or sign up discount from time to time. This remains solely at the discretion of Joslin Studio Pty Ltd. You must subscribe and become a 'Subscriber' to our Marketing Emails to receive a discount code via email. Our 10% or 15% Discount Code is applied to your first order (or your next order if you didn't subscribe until checkout). You must subscribe via our home page pop up button to receive a Discount Code via email and then purchase your first piece and apply the Discount Code at Checkout. Joslin Studio Pty Ltd is not responsible for the discount not being applied if these steps are not actioned first. The customer's full responsibility is to follow these steps first to receive your 10% or 15% Discount Code. Discount Codes cannot be used in conjunction with sale products unless otherwise authorised by Joslin Studio Pty Ltd. Discount Codes can only be redeemed on Full Priced items unless otherwise permitted by Joslin Studio Pty Ltd through Joslin Customer Care. Discount Codes can not be used in conjunction with any other offer.

 

Pricing.

All pricing displayed on the Joslin Australian Website is in $AUD and includes Goods and Services Tax (GST). Joslin Studio Pty Ltd reserves the right to change pricing, product availability, and descriptions. Joslin Studio Pty Ltd reserves the right to adjust, add or terminate terms of any special offers, sales period and sales stock.

 

Sales & Promotions.

Items sold as 'FINAL SALE' are not eligible for a return, including for exchange or store credit, unless deemed faulty where we comply with Australian Consumer Law. Please read our full Returns Policy here. Should you purchase an item on sale, which will be further discounted in the seven days following your order, we will honour a store credit note for the difference between the price paid and the new sale price. Don't hesitate to contact our customer care team here to request a credit note if you are eligible. Please note that credit notes cannot be used in conjunction with any other promotional or discount code or other store credit notes.

 

Linking To This Website.

You may link to our home page, provided you do so in a fair and legal way and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website you do not own. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Variation. 

Joslin Studio Pty Ltd shall have the right in its absolute discretion and without notice to amend, remove or vary the services and any page of this Website.

 

Complaints.

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer care team know if you have any complaints or comments by emailing us here.

 

Waiver. 

If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these terms of service. Any waiver of any provision of the terms of service will be effective only if it is in writing and executed by Joslin Studio Pty Ltd.

 

Entire Agreement. 

The above terms of service constitute the parties' entire agreement and supersede any preceding and contemporaneous agreements between you and Joslin Studio Pty Ltd.

 

Force Majeure. 

We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 3 business days' notice in writing.

 

Customers & Subscribers. 

Joslin Studio Pty Ltd determines subscribers as those that subscribe to our Mailing List to receive our marketing emails via providing their email through our Subscribe Pop Up on our homepage and accepting the terms and conditions. Joslin Studio Pty Ltd determines customers who purchase goods from our Website and complete checkout without subscribing to our Marketing Emails via providing their email through our Subscribe Pop Up on our homepage and accepting the terms and conditions. Customers that provide their email only to receive their Order Confirmation & Tax Invoice do not receive marketing emails.