Terms and Conditions

ACKNOWLEDGEMENT AND ACCEPTANCE

These Terms + Conditions govern your access and use of our website (www.wintermuse.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website is operated and owned by The Form Fashion Group Pty Ltd (ABN 19 620 454 186) of 45 Stephenson St, Cremorne, VIC, Australia, 3121). These Terms + Conditions are to be read in conjunction with any additional Terms + Conditions or policies we provide, including but not limited to our Privacy Policy and Shipping + Returns Policy. By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

AMENDMENTS

Winter Muse reserves the right to make changes to the Website and Terms & Conditions at any time, without notice.

PLACING AN ORDER ON THE WEBSITE

When you place an order for a Winter Muse product, Winter Muse will immediately process your payment. If your payment is successful, Winter Muse will send you an acknowledgement email confirming your order. Winter Muse retains the right, in its sole discretion, to cancel or refuse any order.

Once your order has been placed you cannot cancel the order. Please note that once you have placed an order we are unable to cancel an order or stop an order from being dispatched at your request. Winter Muse products may not be purchased for re-sale.

PRODUCT IMAGES

We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date.

While we have made every attempt to show textures, appearances and colours of our items as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Winter Muse is not responsible for any such variations in respect of your order. However, if an item is materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.

Unless otherwise stated, any additional items and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website.

PRODUCT AVAILABILITY

All orders are made subject to availability. Whilst we use our best efforts to ensure that items are available for delivery, there may be some circumstances where items are unavailable.

If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to cancel your order, or cancel part of your order, on this basis. If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).

FAULTY OR DAMAGED ITEMS

In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth)(ACL):

(a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:

(i) a reasonable consumer would not have bought the goods if they had known about the problem;

(ii) the goods are significantly different from the description, sample or demonstration model shown;

(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or

(iv) the item is unsafe;

(b) if an item has a minor problem, please contact Winter Muse Customer Service where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

PAYMENT

Winter Muse uses eWAY ( http://www.eway.com.au/) to provide the payment services for the Website. For more information on eWAY's security processes, please visit their website athttp://www.eway.com.au/developers/about/technology.

In the event of unusual activity, Winter Muse reserves the right to temporarily or permanently suspend payment via your credit card or debit card and we may contact you, your bank or any other relevant third party to report such unusual activity.

We want to make your shopping experience as seamless as possible so to make things easy we accept all major credit cards including Visa and MasterCard. 

You must not pay, or attempt to pay, for orders through any fraudulent or unlawful means.

SHIPPING AND DELIVERY

Your Order will be delivered to you through one of our third party couriers.

By placing an order with Winter Muse, you are responsible for original shipping charges, all applicable custom and duty import fees and the cost of return shipping back to Winter Muse. This also applies to any shipments that are refused by you at delivery.

You acknowledge and agree that any representations about delivery times are subject to postal/courier delays. Winter Muse will not be liable for any delay’s caused by conditions outside of our control.

Winter Muse ships internationally, and international orders are subject to delivery charges laid out in the Shipping Policy.

Please refer to our Shipping + Returns Policy for further information.

CUSTOMS AND IMPORT TAXES

You agree that you are liable for, and will pay for, any taxes, duties, customs or import charges that may apply to your order. This also applies to any shipments that are refused by you at delivery.

RETURN OF PRODUCTS

All returns of orders to Winter Muse will be governed in accordance with our Returns Policy, which you can find here.

INTELLECTUAL PROPERTY

Unless otherwise indicated, Winter Muse or Winter Muse’s licensors owns all copyright of the material on, and intellectual property in, the Website, including all text, graphics, user interfaces, photographs, registered or unregistered trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

THIRD PARTY SITES

The Website may contain hyperlinks to sites operated by third parties, (including but not limited to Facebook and Instagram). These linked sites are not controlled by Winter Muse, and we are therefore not responsible for the content of those sites. These third party websites mayhave their own terms and conditions and privacy policy.Links are provided solely for your own convenience, and you access these sites solely at your own risk.

EMAIL MARKETING

For the subscription and receiving of emails, we follow the opt in/out policy. If you wish to opt out of receiving emails from us, please click the unsubscribe link included in every message. If you are having trouble unsubscribing, please do not hesitate to contact us  here.