Terms & Conditions

Ellesse: Terms and Conditions for the Sale of Goods and Terms and Conditions for the Use of this Website

15% off sign-up discount

15% off full price styles. Must use the provided promo code at checkout. Cannot be used in conjunction with any other offer. One use per customer. New customers only. A new customer is a customer who has not previously placed an Order on the Website. Excludes Gift Cards. Brand Collective may withdraw this offer at any time, but will honour a valid code issued before withdrawal until its stated expiry.

Terms and Conditions for the Sale of Goods

These Terms and Conditions form a contract between the customer (you) and Brand Collective Pty Ltd ABN 34 098 742 628 (Brand Collective) and apply to the ordering, purchase, fulfilment and delivery of goods from https://ellesse.com.au/.

Please read these Terms and Conditions carefully before placing your Order with Us, as they contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

If you do not understand these Terms and Conditions or have any questions, please contact our Customer Service Centre via our Contact Us page and a representative will be happy to assist you.

1. Definitions

The following definitions are used in these Terms and Conditions.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Days means a weekday on which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third party delivery or shipping company for Brand Collective.

Delivery Fee means the fees charged by the Delivery Agent of Brand Collective for the delivery of Goods.

Gift Cards means an electronic gift card through the acquisition of which you or a recipient may make non-cash payments for goods from Brand Collective.

Goods means the items offered for sale, described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Brand Collective in accordance with these Terms and Conditions.

Personal Information has the meaning defined under the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).

Privacy Policy means the Brand Collective Privacy Policy found on the Website.

Returns Policy or Delivery & Returns Policy means the Brand Collective Delivery & Returns section found on the Website.

Terms and Conditions means these terms and conditions, as amended from time to time.

Website means https://ellesse.com.au/.

Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

We, Us, Our or Brand Collective means Brand Collective Pty Ltd (ABN 34 098 742 628).

You or Your means you as the purchaser of Goods from Brand Collective under these Terms and Conditions.

2. Compliance with Terms and Conditions

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.

2.2 Each Order you submit will be a separate and binding agreement between you and Brand Collective with respect to the supply of Goods, in accordance with these Terms and Conditions.

3. Placing Orders for Goods

3.1 You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2 An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and, for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.

3.3 You acknowledge that all Orders through the Website are for Goods intended for personal, domestic and non-commercial use only, and quantity restrictions may apply as set out on the Website from time to time.

3.4 In completing the electronic Order form, you agree to provide complete and accurate personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Brand Collective will not be liable to you or any third party for loss arising from a delay or failure to process, fulfil or deliver Goods due to inaccurate or incomplete personal details provided by you.

3.5 You agree to obtain consent from the recipient of a gift when providing their personal details to Brand Collective.

3.6 You may order from Brand Collective if you are aged 18 years or over and have an active email account and a telephone number at which you can be easily contacted.

3.7 You must check your Order carefully before submitting it. Once you submit your Order, cancellations or changes to the Goods in your Order may only be made by agreement, unless otherwise required by law. However, we will allow you to return Goods in accordance with the Delivery & Returns Policy.

3.8 Where you place consecutive or separate Orders for Goods, we cannot consolidate them into one Order. A separate Delivery Fee will apply to each Order in accordance with clause 7.

3.9 You will be provided with an automatic Order number when you submit your Order on the Website. The Order number is required when contacting our Customer Service Centre.

4. Acceptance and Rejection of Orders

4.1 Brand Collective reserves the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it represents an agreement by Brand Collective to supply you the Goods in accordance with the Order and these Terms and Conditions. We accept your Order when we dispatch the Goods to you. Any order confirmation email we send is an acknowledgement that we have received your Order, not an acceptance of it.

4.3 If we reject an Order under clause 4.1, we will notify you of the rejection and the reason for it by email within five (5) Business Days after the Order is placed. Brand Collective will not be liable to you or any third party for loss arising from the rejection of an Order.

4.4 Where we reject an Order and your payment has already been processed, we will refund any money paid to us for that Order and use reasonable endeavours to process the refund within five (5) Business Days. When you receive the refund will depend on how long your financial institution takes to finalise it. Brand Collective is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.5 If we are unable to contact you about your Order using the contact details you provided, after making reasonable attempts, we will reject the Order in accordance with this clause 4.

5. Availability of Goods

5.1 You acknowledge and agree that some Goods on the Website may from time to time be out of stock or unavailable, and we may not be able to fulfil all or part of your Order. If this occurs, Brand Collective will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. When you receive the refund will depend on how long your financial institution takes to finalise it. Brand Collective is not liable for any loss you or any third party might suffer as a result of any delay in processing your refund.

5.2 We reserve the right to withdraw or suspend any Good displayed on the Website from sale, temporarily or permanently, at any time without notice to you. Brand Collective will not be liable for any loss you or any third party suffer as a result.

5.3 Where your Order is affected by an error on the Website (for example, in a description of Goods, an image or a Price), we will reject the part of the Order affected by the error in accordance with clause 4. Where applicable, Brand Collective will fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return it to us in accordance with the Delivery & Returns Policy.

5.4 You acknowledge and agree that:

●      all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;

●      you have read any corresponding written description of the Goods before submitting your Order;

●      the colour of Goods as shown on the Website may vary slightly in shade in real life;

●      where we provide sizing or other measurements in the description of a Good, it is your responsibility to ensure the actual size of each item is suitable for your purpose before submitting your Order; and

●      any accessory featured with the Goods is for illustration purposes only.

6. Price and Payment

6.1 The Price of a Good is specified on the Website.

6.2 Unless otherwise stated, all Prices are in Australian Dollars and, where applicable, include GST. Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

6.3 Brand Collective reserves the right to change Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stated Price, in which case the Price will not change (provided your Order is not affected by a pricing error, in which case clause 5.3 applies).

6.4 For any Order, we will charge you and you agree to pay:

●      the Price at the time the Order is submitted; and

●      the Delivery Fee (if any).

6.5 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which include but are not limited to credit card, PayPal and Afterpay. When paying by credit card, you authorise Brand Collective to debit your nominated card at the time you submit your Order. The name on the credit card used for payment must match the name on the Order. Where you pay using Afterpay or another buy now, pay later service, that provider's own terms and conditions also apply to your use of the service.

6.6 You acknowledge and agree that payment for an Order must be cleared by Brand Collective before the Goods are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified on the Website. For credit cards, you should contact your card issuer in the first instance to resolve any problem, or use an alternative payment method to continue with your Order.

6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.8 You will receive a tax invoice by email once payment for your Order has been processed.

6.9 Brand Collective uses an encrypted payment gateway and security certificate to secure payments. While we take all reasonable precautions, we cannot guarantee the security of any transaction.

7. Delivery

7.1 Brand Collective uses Delivery Agents to deliver your Goods. You agree to your details, including your Delivery Address, being supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2 Please refer to the Delivery & Returns section of the Website for the applicable Delivery Fee.

7.3 Indicative delivery time frames are set out in the Delivery & Returns section of the Website.

7.4 You acknowledge and agree that, despite anything else stated on the Website:

●      Brand Collective cannot guarantee that delivery will occur within the stated delivery time frames;

●      delivery time frames may change from time to time due to unforeseen circumstances; and

●      except where required by applicable law, Brand Collective is not liable for any loss, damage, cost, expense or injury you or any third party suffer as a result of a change in delivery times or a delay in delivery.

7.5 Goods will be delivered to the Delivery Address you specify during the Order process. You will need to submit a separate Order where you require multiple delivery destinations.

7.6 If we are unable to deliver your Goods to the Delivery Address because of the size of the package, access restrictions, or because it is unsafe or impractical to do so, a calling card may be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions on the calling card.

7.7 If you do not collect your Goods from the Australia Post office within 10 Business Days of a failed delivery, you must contact our Customer Service Centre via the Contact Us page for information on claiming your Order. If Goods need to be redelivered, you may be required to pay any associated redelivery fees.

7.8 On delivery, you must inspect your Goods and check they match your Order. If there is obvious damage to the Goods from transit, you must contact our Customer Service Centre via the Contact Us page as soon as practicable. If the Goods are not as ordered, or Goods are missing from your Order, you may contact our Customer Service Centre or return the Goods in accordance with the Delivery & Returns Policy. You must tell us about any damaged, missing or incorrect Goods as soon as possible. Any Goods replaced under the Delivery & Returns Policy because they are faulty, damaged or incorrect will be delivered to you free of charge.

Lost and stolen parcels

Outbound: from our warehouse to you

7.9 If the Goods have been shipped from the Brand Collective warehouse but are lost by the Delivery Agent before being delivered to you (and the Delivery Agent cannot provide proof of delivery), Brand Collective will offer you a replacement, or a refund or credit if the Goods are unavailable. If the Goods have been shipped and signed for by you (and the Delivery Agent can provide proof of delivery), Brand Collective is not obliged to offer you a replacement, refund or credit.

Inbound: returns from you to our warehouse

7.10 For change of mind returns, it is your responsibility to use a tracked postage service (or the returns label we provide) when shipping returns to us. Brand Collective will not take responsibility for change of mind returns that are not received if a tracked service has not been used.

8. Risk and Title

Risk and title in the Goods pass to you on delivery of the Goods to the Delivery Address.

9. Order Cancellations and Returns

9.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address. You should therefore check that your Order is accurate before you submit it. You will, however, be able to return Goods in accordance with the Delivery & Returns Policy.

9.2 Goods can only be returned under these Terms and Conditions (in particular this clause 9) and in accordance with the Delivery & Returns Policy, or otherwise as provided for by Law. The Delivery & Returns Policy forms part of these Terms and Conditions. Our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.3 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods and any Delivery Fee paid for them to you. We will use reasonable endeavours to process your refund within five (5) Business Days. When you receive the refund will depend on how long your financial institution takes to finalise it. Brand Collective is not liable for any loss you or any third party might suffer as a result of any delay in processing your refund.

9.4 It is a condition of most credit card schemes that refunds be processed to the same card used for the original payment, to minimise the risk of fraudulent activity. Brand Collective is required to comply with all card scheme rules to accept these card types, so all refunds will be credited to the card or payment method you used for your Order.

10. Promotions and Discounts

You may receive online offers and promotions that include a promotional or coupon code (Code) for use when shopping with Brand Collective. It is your responsibility to ensure the Code is valid and that you enter it at the time of making your purchase online. We cannot apply a Code retrospectively once you have submitted your Order. Terms and conditions apply to each offer or promotion; please read them carefully to make sure they apply to your purchase. Any Code is non-transferable and may not be used in conjunction with any other offer.

11. Gift Cards

11.1 Additional terms and conditions for the use of Gift Cards may be set out on the Website.

11.2 Gift Cards are treated like cash. If your redemption code is lost or stolen, it will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash.

11.3 Gift Cards expire three years from the date of issue. The expiry date is shown on the Gift Card. Any amount unused after the expiry date will not be refunded or credited.

11.4 Gift Cards may be used to purchase Goods on the Website. A limit of $500 per Gift Card, and Gift Cards totalling no more than $2,000 per Order, applies.

12. Privacy

Personal Information, such as your contact details, that you provide to us during the Order process will be collected, used and disclosed by us (including to process your Order) in accordance with the Brand Collective Privacy Policy.

13. Website Terms

The Website Terms form part of these Terms and Conditions.

14. Warranties You Make to Brand Collective

You represent and warrant to Brand Collective that:

●      all information (including Personal Information) and data you provide to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated gift recipient to provide their Personal Information to Brand Collective;

●      any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;

●      you are aged 18 years or over;

●      in placing your Order, you have read and agree to these Terms and Conditions; and

●      in placing your Order, you have complied with all Laws.

15. Brand Collective's Liability to You

15.1 Subject to any rights you have under consumer protection law, including the Australian Consumer Law, which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, or injury to reputation) in contract, tort, under statute or otherwise, however caused, arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted through our Website.

15.2 Subject to any rights you have under consumer protection law which cannot be excluded, Brand Collective excludes all implied terms and warranties relating to the Website or the subject matter of these Terms and Conditions. As noted in clause 9.2, our goods come with statutory consumer guarantees that cannot be excluded under the Australian Consumer Law.

15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced to the extent (if any) that you cause or contribute to the loss or damage.

16. Termination

16.1 Brand Collective reserves the right, at its discretion, to terminate your access to and use of the Website:

●      for convenience, at any time, on notice to you; or

●      immediately:

○      if Brand Collective reasonably believes you have breached these Terms and Conditions and the breach is not capable of remedy; or

○      if you have been given notice of a breach and have failed to remedy it within 14 days (where the breach can be remedied).

17. General

17.1 Brand Collective may change these Terms and Conditions from time to time by posting the updated terms on the Website. Any changes take effect from posting and do not affect any Order submitted before then. The Terms and Conditions that apply at the time of your Order govern your relationship with Brand Collective for that Order.

17.2 Brand Collective may give notice to you by email. You may give notice to Brand Collective by email to our Customer Service Centre via the Contact Us page of the Website.

17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective in that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions or affect the validity or enforceability of that provision in any other jurisdiction.

17.4 A failure or delay by Brand Collective in exercising a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Brand Collective does not preclude its future exercise or the exercise of any other power or right.

17.5 These Terms and Conditions are governed by the laws of Victoria, Australia. You and Brand Collective submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Terms and Conditions for the Use of this Website

These terms and conditions govern the use of https://ellesse.com.au/ (this website) and, together with our Terms and Conditions for the Sale of Goods, the purchase of any goods from it.

Acknowledgment and acceptance

By accessing, using or browsing this website, you agree that your access to and use of this website is subject to these terms and all applicable laws, and is at your own risk. We may amend or update these terms at any time by posting the changes on this website.

Copyright and trade marks

Copyright in this website and its content is owned by or licensed to Brand Collective Pty Ltd (ABN 34 098 742 628) (Brand Collective). You may view this website and its contents using your web browser, and electronically copy and print parts of it, solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth) or other applicable laws, any other use, including any commercial use, of the content of this website is strictly prohibited.

ELLESSE and the Ellesse logo are used by Brand Collective Pty Ltd under licence. Other trade marks displayed on this website are the property of their respective owners. Except as expressly authorised, any use or misuse of these trade marks is strictly prohibited.

Disclaimer

The information on this website is provided by Brand Collective in good faith. To the best of Brand Collective's knowledge, the information is accurate and current. However, this website and its contents are provided on an "as is" basis and may contain errors, faults and inaccuracies, and may not be complete or current.

Brand Collective and its related bodies corporate, and their directors, officers, employees and agents (Brand Collective Associates), make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials or products on it, except as otherwise provided, and then only to the minimum extent required, under applicable law.

Limitation of liability

Subject to any non-excludable liability implied by legislation, any liability of Brand Collective or Brand Collective Associates in connection with goods or services supplied to you that are not of a kind ordinarily acquired for personal, domestic or household use or consumption will, at Brand Collective's election, be limited to:

●      for goods, the replacement or repair of the goods, the supply of equivalent goods, or payment of the cost of replacing or repairing the goods or of obtaining equivalent goods; and

●      for services, the supply of the services again or payment of the cost of having the services supplied again.

Subject to non-excludable liability (including under the Australian Consumer Law), in all other respects Brand Collective will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or loss of data or information, or damages for product liability, personal injury or negligence resulting from the use of goods or services supplied to you, or on your behalf, through this website.

Virus warning

All care is taken to ensure this website and data transmissions are free from viruses. However, Brand Collective cannot guarantee that any file or program available for download or execution from or via this website is free from viruses or other conditions that could damage or interfere with data, hardware or software. It is your responsibility to scan any such data for viruses. You assume all risk of using programs and files on this website and to the extent permitted by law, release Brand Collective from all responsibility for the consequences of their use.

Use of cookies

Cookies are small pieces of information that your browser stores on your device.

We and our service providers use cookies and similar technologies to operate this website, understand how it is used, improve the products and services we offer, and deliver relevant marketing. More information on how we collect and handle personal information is set out in our Privacy Policy.

If you disable cookies in your web browser, you may not be able to fully experience all features of this website.

Third party sites

This website may contain links to third party sites. Brand Collective is not responsible for the condition or content of those sites, as they are not under Brand Collective's control. You access those sites and use their products and services solely at your own risk. Links are provided for your convenience only and do not indicate, expressly or impliedly, an endorsement by Brand Collective of the sites or the products or services provided on them.

Applicable law

These terms are governed by the laws in force in Victoria, Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and any courts that may hear appeals from those courts.

This website may be accessed from Australia or overseas. Brand Collective makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws where you access it.

User submissions

By accessing, browsing, using, registering with or contributing to this website, including any area where you can post submissions or reviews or ask questions, you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.

Ownership of submissions

Other than personal information, which is handled under our Privacy Policy, all comments, reviews, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other material disclosed, submitted or offered to Brand Collective on or through this website or otherwise (collectively, Submissions) are licensed to Brand Collective on the terms set out under "Intellectual property rights" below. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions comply with these standards.

Social networking sites

These terms also govern any submissions you make on any Ellesse Australia related third party website or page, such as our Instagram, Facebook, TikTok or YouTube pages. Comments, images, videos and any other material posted on third party social networking sites do not necessarily reflect the opinions or ideas of Brand Collective or its employees, and Brand Collective is not responsible for that content. All material posted on third party social networking sites must comply with these terms and with the terms of use of the relevant site.

Intellectual property rights

By making a Submission, you grant Brand Collective and its related bodies corporate and the licensor of Ellesse a perpetual, irrevocable, worldwide, royalty-free and transferable licence (including the right to sublicense) to use, copy, modify, adapt, publish and communicate that Submission for any purpose, and you consent to any act or omission by Brand Collective, its related bodies corporate, the licensor of Ellesse or their licensees that would otherwise infringe your moral rights in it. Whenever you use a feature that allows you to upload material to this website, ask questions, contact other users or make submissions on any Ellesse related third party website or page, you must comply with the content standards below and these terms. Third party advertising on Ellesse pages of third party social networking sites is not the responsibility of, or endorsed by, Brand Collective. All rights, including copyright, in the Ellesse pages are owned by or licensed to Brand Collective. Any use of Ellesse social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without Brand Collective's permission. All worldwide rights reserved.

Confidentiality

Any material you upload to this website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose any material in your Submissions to third parties for any purpose. We may also, where required or authorised by law, disclose your identity to any third party who claims that material you posted or uploaded to this website or any Ellesse related social networking site violates their intellectual property rights or right to privacy. We are not responsible or liable to any third party for the content or accuracy of any material posted by you or any other user of this website. We may remove any Submission if, in our opinion, it does not comply with the content standards below.

Rules for submissions

●      Please be polite and write in English.

●      You confirm that the Submission is your own and does not infringe the material, trade marks or intellectual property of others.

●      If you need an immediate response or have a comment about our service, please contact us directly via the Contact Us page.

Submissions must not include:

●      profanity, blasphemy, or spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments, or content that could be considered harassment, abuse or threats against the personal safety or property of others;

●      comments about other reviewers or contributors;

●      criminal accusations, or false, defamatory or misleading statements;

●      material that impersonates others;

●      spam or advertising, or third party brand names or trade marks;

●      personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;

●      HTML code, computer script or website URLs;

●      availability, price, or alternative ordering or delivery information; or

●      information about Brand Collective's suppliers or manufacturers.

Brand Collective reserves the right, in its absolute discretion, to:

●      not publish a Submission, or remove it;

●      take any action it considers appropriate; and

remove reviews of seasonal products that are no longer in season.