Terms & Conditions
1.1 “Cerra Style” (“we”, “our”, “us” or “CS”) means CERRA STYLE (ABN 72 279 467 844), its successors and assigns or any person acting on behalf of and with the authority of CERRA STYLE (ABN 72 279 467 844).
1.2 “Services” means the Cerra Style website located at cerrastyle.com.au (the “Site”) and related services including Cerra Style’s fashion design services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Apparel” means all Apparel (including any fashion accessories e.g. dresses) sold by Cerra Style to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by Cerra Style to the User.
1.5 “Price” means the cost of the Apparel as agreed between Cerra Style and the User subject to clause 3 of this contract.
2.1 Any instructions received by Cerra Style from the User for the purchase of Apparel shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Cerra Style.
2.4 The User shall give Cerra Style not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by Cerra Style as a result of the User’s failure to comply with this clause.
2.5 Apparel is supplied by Cerra Style based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
3. Price and Payment
3.1 The Price shall be Cerra Style’s current Price, at the date of purchase of the Apparel, according to Cerra Style’s current Price list as detailed on Cerra Style’s website.
3.2 Cerra Style reserves the right to change the Price in the event of a variation to the User’s requirements.
3.3 At Cerra Style’s sole discretion a deposit may be required.
3.4 Payment may only be made by credit card (only American Express, Mastercard and Visa accepted), Paypal, Apple Pay, Google Pay or by any other method as agreed to between Cerra Style and the User.
3.7 In the event an invoice is issued for payment for any reason then payment shall be due within three (3) days of the date of the invoice.
3.8 Receipt by Cerra Style of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.10 All Prices on our website are denominated in Australian Dollars.
4. Delivery of the Apparel
4.1 At Cerra Style’s sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
4.2 The delivery fee is calculated on all orders.
Cerra Style’s delivery method is either Standard or Express Delivery Service as chosen by the User upon checkout. These services are operated by either Couriers approved by the Sendle Network or Australia post. If the User’s location is outside of the Express network, it will take more than one business day and Cerra Style has no control over this.
Cerra Style also is not responsible for delivery delays within Australia Post or the Courier Network.
4.3 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason Cerra Style is required to redeliver the Apparel then Cerra Style shall be entitled to charge a reasonable fee for the re-delivery if applicable.
4.4 Any delivery time or date given by Cerra Style to the User is an estimate only. The User must still accept delivery of the Apparel even if late and Cerra Style will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
4.5 If a delivery method with No Tracking has been chosen by the User, Cerra Style will not be liable for any Apparel that is lost or damaged by the Carrier.
4.6 If a delivery method with Tracking has been chosen by the User, Cerra Style will endeavor to assist where possible in locating any Apparel that has been lost or damaged, however Cerra Style will not be liable for any Apparel that is lost or damaged by the Carrier.
5.1 The User shall inspect the Apparel on delivery and shall within one (1) Business day of receipt of the Apparel notify Cerra Style (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
6.1 If the User wishes to cancel an order, then they must contact Cerra Style as soon as is possible. Cancellations by the User must be prior to dispatch for a Full Refund.
6.2 "Made to order" Apparel cancelled by the User whilst the item is in production, but before dispatch are subject to a 50% cancellation fee. There is no refund on the apparel if it is cancelled after dispatch, even if the apparel is returned.
6.2 Orders cancelled by the User after the Apparel has been dispatched from Cerra Style will only be eligible for a refund at the discretion of Cerra Style and will incur a $30 fee. The refund will only be processed once the Apparel is returned in the original condition and packaging. This does not apply to Made to Order Apparel.
6.3 Once Cerra Style has received the returned Apparel, Cerra Style will email the User a refund request confirmation within three (3) working days. Whilst Cerra Style will make every effort to process a refund as quickly as is possible, the refund process can take approximately ten to twenty (10-20) working days dependent on the independent processing time taken by the User’s credit card provider and the User acknowledges that Cerra Style has no control over such Credit card issuers processes.
6.4 Cerra Style may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice Cerra Style shall repay to the User any sums paid in respect of the Price. Cerra Style shall not be liable for any loss or damage howsoever arising from such cancellation.
7. User's Responsibilities
7.1 It is the sole responsibility of the User to notify Cerra Style of any issues with the Apparel, delivery or handling.
8. Default and Consequences of Default
8.1 If the User owes Cerra Style any money the User shall indemnify Cerra Style from and against all costs and disbursements incurred by Cerra Style in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Cerra Style’s collection agency costs, and bank dishonour fees).
8.2 Without prejudice to any other remedies Cerra Style may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms Cerra Style may terminate the supply of Apparel to the User and any of its other obligations under the terms and conditions. Cerra Style will not be liable to the User for any loss or damage the User suffers because Cerra Style has exercised its rights under this clause.
8.3 Without prejudice to Cerra Style’s other remedies at law Cerra Style shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies Cerra Style may have and all amounts owing to Cerra Style shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Cerra Style becomes overdue, or in Cerra Style’s opinion the User will be unable to meet its payments as they fall due; or
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
9. Security and Charge
9.1 In consideration of Cerra Style agreeing to supply Apparel, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
9.2 The User indemnifies Cerra Style from and against all Cerra Style’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Cerra Style’s rights under this clause.
9.3 The User irrevocably appoints Cerra Style and each director of Cerra Style as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the User's behalf.
10. User Generated Content
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Cerra Style a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Cerra Style’s sole discretion. We reserve the right to change, condense or delete any content on our website that Cerra Style deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Cerra Style does not guarantee that you will have any recourse through Cerra Style to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, Cerra Style reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Cerra Style, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Cerra Style, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting any content to Cerra Style, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Cerra Style (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
11. Privacy Act 1988
11.1 The User agrees for Cerra Style to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by Cerra Style.
11.2 The User agrees that Cerra Style may exchange information about the User with those credit providers either named as trade referees by the User or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the User; and/or
(b) to notify other credit providers of a default by the User; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the User is in default with other credit providers; and/or
(d) to assess the creditworthiness of the User
The User understands that the information exchanged can include anything about the User's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
11.3 The User consents to Cerra Style being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
11.4 The User agrees that personal credit information provided may be used and retained by Cerra Style for the following purposes (and for other purposes as shall be agreed between the Client and Cerra Style or required by law from time to time):
(a) the provision of Apparel ; and/or
(b) analysing, verifying and/or checking the User's credit, payment and/or status in relation to the provision of Apparel; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
(d) enabling the daily operation of User's account and/or the collection of amounts outstanding in the User's account in relation to the supply of the Apparel.
11.5 Cerra Style may give information about the User to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the User;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the User.
15.6 The information given to the credit reporting agency may include:
(a) personal particulars (the User's name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the User's application for credit or commercial credit and the amount requested;
(c) advice that Cerra Style is a current credit provider to the User;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the User's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Cerra Style, the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User's credit obligations);
(g) that credit provided to the User by Cerra Style has been paid or otherwise discharged.
12. Intellectual Property
12.1 User acknowledges and agrees that Cerra Style’s content shall remain the intellectual property of Cerra Style at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Cerra Style.
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforce abilit of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Melbourne Victoria.
13.3 Cerra Style shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by Cerra Style of these terms and conditions (alternatively Cerra Style’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the purchase of the Apparel).
13.4 Cerra Style reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Cerra Style notifies the User of such change. Except where Cerra Style supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes.
13.5 The failure by Cerra Style to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Cerra Style’s right to subsequently enforce that provision.