Terms of Use

KEYS COVERED

Current as of December 2014

Thank you for visiting the SICKFACES PTY LTD (Trading as oFashion.com.au) TERMS AND CONDITIONS, where you will find out what you can expect from www.oFashion.com.au. Please take a some time to review these Terms and Conditions. Your use of our website constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use our website. If you have further questions that are not covered by the Terms and Conditions please contact oFashion on info@oFashion.com.au

oFashion reserves the right to add, delete or change these Terms and Conditions from time to time without notice. By continuing to use our website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavor to alert you to any significant changes via email. Nevertheless, you should check our published agreement and policies from time to time to ensure you are current with the latest version.

Placing orders through the Web Site

You must be at least 18 years of age to purchase of the oFashion Web Site. By using our website you acknowledge that you are at least 18 years of age.

By purchasing any item through the Web Site, you make an offer to us to purchase the goods you have selected based on the Terms and Conditions. oFashion reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. We will confirm acceptance of your purchase when we send you an email confirming shipment of the items you have ordered. If we are unable to process or accept your order after payment is received we will contact you as soon as is practical by email or telephone.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of oFashion or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of oFashion and protected by international copyright laws. All other trademarks are the property of their respective owners, who are not associated with oFashion. All software used on this site is the property of oFashion or its software suppliers and protected by international copyright laws.
eCommunication with oFashion
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. Our communications will contain a clear link to UNSUBSCRIBE. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
Refer a friend and/or Product-Review Messages
  • The oFashion message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:
  • The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or oFashion rule or policy.
  • The transmission of any that we deem to be offensive to others.
  • The impersonation of any person or entity in any part of a message.
Warranty

Legislation in Australia implies warranties or conditions or imposes obligations on oFashion, which cannot be excluded, restricted or modified in relation to consumer goods.
To the full extent permitted by law, but subject always to clause 1, the standard warranty will not apply:

  1. If the product has not been warn, washed or used in accordance with the manufacturer's instructions or specifications provided with the product;
  2. If the factory-applied tags, labels has been altered or removed from the product;
  3. To damage, faults or damage resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, force majeure or tampering or by any persons
  4. To damage arising during transportation, or to any transportation costs of the product or any parts thereof to and from the owners, unless otherwise specified in these warranty terms and conditions;
Damaged and/or incorrect product
In the event that you receive a product that is either damaged or not the product you ordered, please notify oFashion by e-mail or telephone, as soon as possible, within 7 days of receipt of the product. You must have your order number. Once verified that there is a problem, you can return the goods to us for exchange/warranty. Please be aware that replacement of products that have suffered physical damage is at the sole discretion of oFashion.
Returns

In the event that you receive a product that is not in wearable condition, please notify OFASHION by telephone and/or email and return the product within 14 days upon arrival. Please ensure that the product you are returning has complete packaging and contents as originally supplied. Failure to report an item within 14 days or return with incomplete packaging and contents as originally supplied will result in you not being able to obtain a refund.

If after verifying, the returned product is found not faulty, you will be charged the processing costs, plus all courier costs associated (if delivered).

Refund and Return Policy
Customers are responsible for finding and obtaining the correct item for their individual needs. In the event that you decide to return the product purchased from oFashion, you must return the product within 14days of receipt of the product. All refunds for items exclude shipping and handling charges. Please allow up to 14 days for refunds to be processed and credited to your account. Any costs associated with shipping the item back to oFashion will be at your own cost. Some items also incur a small handling fee.
Sale of Goods and Delivery
oFashion will organize for the delivery of your order to your designated delivery address as part of your purchase. Our delivery contractors are Australia Post, Fastway, Couriers Please (as well as various couriers). Each product page will show the delivery charge for that item. Our delivery fee is made up of a Base Fee plus a Weight Fee which is dependent on the destination and weight of each product.
Indemnity
In each and every purchase, you agree to indemnify and hold OFASHION and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") without fault of any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of our website, any breach by you of these Terms and Conditions and/or any goods purchased by you from oFashion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SICKFACES (Trading as OFASHION.COM.AU) ON AN "AS IS" AND "AS AVAILABLE" BASIS. OFASHION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OFASHION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OFASHION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OFASHION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OFASHION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Site Policies Modifications and Severability
Please review our other policies, posted on this site. These policies also govern your visit to oFashion. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition