Terms and Conditions

 

TERMS OF USE

The website shop/bodbyfinchapparel.com  (Site) is owned by BOD by Finch - Finch Entertainment Pty Ltd ABN 41 141 864 467. 

The following and the terms found under the headings Privacy and Security sets out the terms on which BOD by Finch agrees to you making use of the Site.
By accessing, browsing and/or using the Site you agree to the following terms and conditions and you agree to use the Site in accordance with all applicable laws.
Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms which are set out either before or after the words where they first appear.
If you do not agree to the following terms you must cease use of the Site.
 
LAWS AND ENTIRE AGREEMENT

These terms of use are governed by the laws of Victoria and you and BOD by Finch each irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.
The terms on this Site replace all previous representations, arrangements, understandings and agreements between you and BOD by Finch relating to its subject matter and contain the entire agreement between you and BOD by Finch relating to that subject matter.

 

PROMOTIONAL TERMS & CONDITIONS

DISCLAIMER

The content available on the Site is provided on an "as is" basis.  BOD by Finch does not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free.  BOD by Finch will attempt to keep the content on the Site up to date.

The content on the Site is liable to change at any time.
BOD by Finch does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.
 
LINKS

The inclusion of a link to another website does not imply that BOD by Finch endorses the linked website, and use of any such link is at your own risk.  BOD by Finch does not accept any responsibility or liability for any claims arising out of your use of any such link or of the content on any such website.
 
COPYRIGHT

The copyright in the content on the Site is owned or licensed to BOD by Finch.  All rights are reserved.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Australia) or similar legislation which applies in your location, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
(b) commercialise any information, products or services obtained from any part of the Site unless expressly authorised in writing by BOD by Finch.
 
TRADEMARKS

The images, logos and names on the Site are either owned by BOD by Finch - Finch Entertainment Pty Ltd ABN 41 141 864 467.  All rights are reserved.  You must not copy or use those trademarks, unless expressly authorised in writing by BOD by Finch.
 
SHOP ONLINE TERMS OF TRADE
 
PURCHASING

The following terms and the terms found under the headings Privacy and Security, Shipping and Returns and Website Terms of Use sets out the terms on which Product can be purchased by You (being the person whose details are entered in the Billing Information section during the purchasing process) from BOD by Finch.
 
ORDERS

By listing Products for sale on the Site BOD by Finch is inviting You to do business with BOD by Finch but is not offering to supply any particular Product.
Any order placed by You in the manner described in this Site is an offer by You to purchase a particular Product for the price (including the delivery and other charges) specified on this Site at the time You place your order.  You acknowledge that, by placing Your order, You are agreeing to pay for and accept delivery of the Product ordered unless You ask BOD by Finch to cancel that order, and BOD by Finch sends you written confirmation of the cancellation prior to the Product being dispatched to You.
BOD by Finch may change the prices published on this Site at any time.  While every effort has been made to ensure the accuracy of prices and information displayed on the Site, BOD by Finch reserves the right to accept or reject Your offer for any reason, including without limitation, the unavailability of any Product, an error in the price of the Product description posted on this Site, or an error in Your order.  We may require additional verification or information before accepting any order. 
 
PRICE AND PAYMENT

For each online order, You must pay:
 the applicable price expressed in Australian dollars and are inclusive of Australian Goods and Services Tax for the relevant Product as confirmed by BOD by Finch; and
 the delivery fee and other charges specified on the Site in Australian dollars at that time.

From time to time BOD by Finch may distribute promo codes that may be used for orders on the Site.  Promo codes can be applied to your order at the time of checkout on the Shopping Bag page in the field "Promo Code". The Shopping Bag will then be updated to reflect new pricing or conditions applicable to the promotion.  The terms and conditions for each promotion can vary so please be sure to check all the details from the promotional material. 
BOD by Finch takes no responsibility for customers not being aware of relevant promo codes that may apply to a particular purchase.  Promo Codes must be redeemed at the time of purchase and for each order You must pay the new applicable price. It is not possible to apply promo codes once an order has been placed.
Your order and credit card details are safe and secure. All personal and credit card information provided to the website is secured using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet.  At this stage we can only accept payments using the methods stated in the payment options section of the Site.  For further details on data security You should check the section on this Site under the heading Privacy and Security.
 
BOD by Finch’ LIABILITY TO YOU

The only warranties, conditions or other terms that are binding on BOD by Finch are those expressly stated on this Site.  To the extent permitted by law, any term concerning the Products or any service that BOD by Finch provides to You which might otherwise be implied into or incorporated into these terms for the purchase and supply of Product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.
If a Product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law. (Consumer Guarantee), You have rights and remedies under the Australian Consumer Law.  Nothing on this Site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the Australian Consumer Law (ACL).

Subject to the previous paragraph:
 BOD by Finch will not be liable to You for any loss if caused by a delay in BOD by Finch’ fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this Site, if the delay or failure is caused by anything beyond  BOD by Finch’ reasonable control;
 BOD by Finch will not be liable to You for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, and
 BOD by Finch’ maximum aggregate liability to You whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by You to BOD by Finch in respect of the Product or Products for which the liability arises.
PRIVACY POLICY

BOD by Finch and Finch Entertainment Pty Ltd ABN 41 141 864 467 is committed to protecting the privacy of customers' personal information.  We take all reasonable steps to follow practices and procedures that:

-ensure we comply with the Australian Privacy Principles (APPs) and any privacy code applying to us; and

-allow us to deal with enquiries and complaints about our compliance with the APPs and any applicable privacy code.

We may update this Privacy Policy from time to time, so we suggest you check the policy regularly to make sure you have up-to-date information.
If you are under sixteen, you must get permission from your parent or guardian before you:
- complete any forms, questionnaires or surveys for us; or
- accept any special offers or make any purchases from us.
 
1. WHY WE NEED TO COLLECT PERSONAL INFORMATION

Under the Privacy Act 1988 (Cth), 'personal information' means "information or an opinion about an identified individual, or an individual who is reasonably identifiable".  The information/ opinion does not have to be recorded in writing or be true.
We collect personal information from customers so that we can:
 provide online shopping services;
 provide bespoke clothing;
 make style and size recommendations;
 review, assess and improve our products and services;
 research and develop new products;
 market our products and services; and
 analyse and predict customer behaviour
 provide introductions and collaboration opportunities with other brands and concepts
 suggest competition and social engagement opportunities.
 
2. HOW WE COLLECT PERSONAL INFORMATION

We collect personal information directly from you when you:
 create an online shopping account; or
 upload images, fill in a form, questionnaire  or survey on  or another of our websites; or www.bodbyfinchapparel.com
 make a purchase from us or take advantage of one of our special offers.
When you visit www.bodbyfinchapparel.com   information relating to your visit and how you use the site may be collected (e.g. your IP address, the web pages you visit, and the length of your visit).  Some of this may be personal information.  We may use a third party service provider to collect and store information about use of our website(s).  That third party may use cookies to provide its services (see "About Cookies" in section 11).
 
3. THE KINDS OF PERSONAL INFORMATION WE COLLECT

We may collect:
 your name, age and email address;
 your billing and shipping addresses;
 your account log-in details (including password);
 information about your purchases (including sizes and colours ordered);
 images (of you or otherwise) that are uploaded to our Insta Gallery or another of our websites or social media channels and electronic newsletters that we distribute;
 information about products you have placed on your account's "wish list”; and
 your credit or debit card details when buying from us online.
When you use a credit or debit card to buy from us online, your details are automatically transferred to a third party website for payment processing. Note that the privacy policy of the payment processor will apply to the card information you supply when completing the transaction.
 
4. HOW WE USE YOUR PERSONAL INFORMATION AND WHO WE DISCLOSE IT TO

We use your personal information to:
 provide our services to you (including our online shopping and bespoke clothing services);
 make style and size recommendations to you;
 respond to any enquiries or complaints you may make;
 review, assess and improve our products and services;
 research and develop new products; and
 carry out direct marketing and social media marketing activities (including posting); and
 help us analyse and predict consumer behaviour (but only where the information is aggregated and anonymous).
 
MARKETING CONSENT AND OPT OUT

By agreeing to our website terms and conditions you are consenting to us using your personal information for direct marketing and social media marketing.  At any time, you can request us to stop sending you marketing communications.  Simply email hello@bodbyfinchapparel.com

DISCLOSURE TO THIRD PARTIES

We do not sell or rent our customers' names, addresses, email addresses or other personal information to third parties.  We will only disclose your personal information as permitted by the APPs and as described in this Privacy Policy.  We may disclose your personal information to: (a) a company that is "related "to us under the Corporations Act 2001(Cth) (but only for one of the purposes listed at the beginning of this section 4); (b) third parties we engage to help us provide our products and services , or to improve them (e.g. website designers and technical support providers); (c) third parties that provide us with marketing and advertising services (e.g. providers of electronic mail out services); (d) selected third parties who have agreed to work with us to make a joint product/ service offering to you, and who are under strict contractual obligations to treat your personal information confidentially); and (e) a third party that is taking over the assets or operations of one or both of us.

CONSENT TO DISCLOSURES

By agreeing to our website terms and conditions, you are consenting to us making the disclosures in (a)-(e) above.  Without your consent to these disclosures of your personal information, we will unfortunately be unable to provide you with our online services.
 
5. DISCLOSURE OUTSIDE AUSTRALIA

We may transfer and store your personal information outside of Australia. We only do so as permit by the APPs and as described in this Privacy Policy. We will take reasonable steps to protect your personal information where overseas disclosure is required.
 
6. HOW TO ACCESS AND CORRECT PERSONAL INFORMATION
 
REQUESTS

You can access and correct the personal information we hold about you in two ways:
 by contacting us directly and requesting that we give you access and/ or make a correction email: hello@bodbyfinchapparel.com.

We will respond to requests for access to/ correction of personal information within a reasonable time.
 
ACCESS

If it's reasonable and practicable to do so, we will give access to the information in the manner you request.  However, we may not give you access if we are not obliged to under the APPs.  Please note, it's free to make an access request, but we may charge you a fee when you access the information.
 
CORRECTION

If you request us to correct personal information we hold about you, we will take reasonable steps to make the correction so that, taking into account the purpose for which we hold the personal information, the information is accurate, up-to-date, complete, relevant and not misleading.  If:
- we make a correction to personal information about you; and
- before making the correction we had disclosed the information to another entity that is covered by the APPs; and
- you request us to notify the other entity of the correction, we will take reasonable steps to give that notification, unless it is impracticable or unlawful for us to do it.
 
REFUSALS

If we refuse to:
- allow you access to the personal information we hold about you; or
- give access in the manner you request; or
- correct personal information about you as you request, we will write to you explaining at least:
 the reasons for our refusal (unless it would be unreasonable for us to give them); and
 how you can complain about the refusal.

If we refuse to correct personal information as requested by you, you may request us to associate with the information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading.  We will then take reasonable steps to associate the statement with the information in a way that makes the statement apparent to users of the information.
 
7. HOW TO COMPLAIN ABOUT OUR TREATMENT OF YOUR PERSONAL INFORMATION

You can complain about a breach by us of the APPs or a registered privacy code, by emailing hello@bodbyfinchapparel.com  

Initially your complaint will be handled by our Customer Service Team, in accordance with established protocols for the particular type of complaint.  If no handling protocol exists for your complaint, it will be referred to the relevant general manager for follow-up.
 
8. SECURITY

We will take reasonable steps to protect the personal information we hold from:
 misuse, interference and loss; and
 unauthorised access, modification or disclosure.
We make every effort to follow industry standard security measures for personal information under our control.  All financial information is encrypted during transmission, and we self-certify against industry security standards for payment processing.  Only authorised staff and consultants have access (on a restricted basis) to the personal information we collect.  We regularly review developments in security and encryption technologies.  Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.  Accordingly, although we endeavour to protect information you transmit to us, we cannot ensure or warrant the security of that information, and you transmit it at your own risk.  You may be able to configure your browser to advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).  Once we receive your transmission, we take reasonable steps to protect the information on our own systems.  For more information, you might like to refer to the OAIC Guide to Information Security, at:http://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-to-information-security
 
ACCOUNT DETAILS

When registering on bodbyfinchapparel.com  or another of our websites, you will receive account details including a password.  You are responsible for maintaining the confidentiality of your password and other account details. You are also fully responsible for all activities that occur on your account or involve the use of your password.
 
9. WHAT HAPPENS IF YOU DON'T PROVIDE THE PERSONAL INFORMATION WE REQUEST

If you do not provide personal information as requested by us we may not be able to respond to an enquiry or provide some or all of our online services (including but not limited to our digital printing services).  You may need to purchase items directly from stockists of BOD by Finch products.
 
10. DESTRUCTION AND DE-IDENTIFICATION OF PERSONAL INFORMATION

We will take reasonable steps to destroy or de-identify personal information if:
 we no longer need to use or disclose the information in any of the ways we are entitled to use or disclose it under the APPs; and
 we are not legally required to keep the information.
 
11. OTHER MATTERS
 
UNSOLICITED INFORMATION

If we receive unsolicited personal information about you, which we would not have been entitled to collect under the APPs, we will destroy or de-identify that information if it is lawful and reasonable for us to do so.
 
ABOUT COOKIES

Web pages on bodbyfinchapparel.com  or another of our websites may use 'cookies'.  These are small files that are placed on your hard disk for data-collection purposes.  Like an IP address, a cookie helps a website remember who you are.  Cookies can make your subsequent visits to a website more seamless.  You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.  However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.
 
GOVERNMENT-RELATED IDENTIFIERS

We will not adopt, use or disclose any identifier that has been issued by a government or government agency in relation to any individual or personal information.
 
COPIES OF PRIVACY POLICY

If a person or entity requests a copy of this Privacy Policy in a particular form, we will take reasonable steps to comply with that request.
 
SHIPPING
 
AUSTRALIA SHIPPING POLICIES

Within Australia, BOD by Finch uses registered Australia Post express eParcel service, whereby BOD by Finch can track any purchases easily and in a timely manner. All orders (except for orders during sale periods) placed on a weekend day will be processed within 24 hours of the next business day. Orders placed on a weekend day during a sale period, will be processed within 48 hours of the next business day.
BOD by Finch offers free 'express' shipping Australia-wide for all orders over $100.  All orders of less than $100 will be charged $10 Australia-wide.  All charges quoted to you are inclusive of Australian goods and services tax.  You may be required to pay further shipping charges where a change in delivery date or a change in delivery address is requested by You.
A signature is required upon delivery so please select an address where someone is available during business hours to receive your purchase.
If there is nobody home to sign for the parcel, a notification card will be left at the delivery address advising that the parcel can be collected from a nearby Post Office.
For Express Shipping expect delivery within two business days, provided that orders are placed by 11:00 A.M. Monday - Friday, for in-stock items only.
Allow two additional days for locations outside of metropolitan areas.
Any delivery date or time specified is a best estimate only and BOD by Finch will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
 
NEW ZEALAND SHIPPING POLICIES

For shipping to New Zealand, BOD by Finch uses registered DHL, whereby BOD by Finch can track any purchases easily and in a timely manner.  Orders placed on a weekend day, will be processed within 24 hours of the next business day.

A signature is required upon delivery so please select an address where someone is available during business hours to receive your purchase.
For our New Zealand customers, all prices on bodbyfinchapparel.com  are displayed in Australian Dollars (AUD), and will be charged in Australian Dollars.  Prices exclude Australian Goods & Service Tax and do not include relevant overseas customs, duties, foreign taxes or other fees which may be imposed and this is Your responsibility.  Please check with Your local customs office for further information.
 
All orders shipped to New Zealand will be charged the flat rate of $15 AUD.

For DHL courier service , expect delivery within two to five business days, provided that orders are placed by 11:00 A.M. Monday - Friday, for in-stock items only.
Allow additional days for locations outside of metropolitan areas.
Any delivery date or time specified is a best estimate only and BOD by Finch will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

INTERNATIONAL SHIPPING POLICIES

For shipping, BOD by Finch uses registered Fed Ex International Priority service, whereby BOD by Finch can track any purchases easily and in a timely manner.  Orders placed on a weekend day, will be processed within 24 hours of the next business day.

A signature is required upon delivery so please select an address where someone is available during business hours to receive your purchase.
For our international customers, all prices on bodbyfinchapparel.com. are displayed in Australian Dollars (AUD), and will be charged in Australian Dollars.  Prices exclude Australian Goods & Service Tax and do not include relevant overseas customs, duties, foreign taxes or other fees which may be imposed and this is Your responsibility.  Please check with Your local customs office for further information.
 
All orders will be charged a flat rate of $25 for deliveries.  You may be required to pay further shipping charges where a change in delivery date or a change in delivery address is requested by You.
For International DHL Delivery's expect delivery within two to five business days, provided that orders are placed by 11:00 A.M. Monday - Friday, for in-stock items only.
Allow additional days for locations outside of metropolitan areas.
Any delivery date or time specified is a best estimate only and BOD by Finch will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

OWNERSHIP AND RISK

Ownership of and risk of damage of goods will pass to You upon delivery to You at your specified delivery address.
 

ENQUIRIES

Our Customer Service Team is available to assist you.  Please make contact with Bod By Finch - hello@bodbyfinchapparel.com

RETURNS AND EXCHANGE

The Return and Exchange terms on this Site are only applicable to Products purchased on the Site.  Please contact your retailer for all other returns and exchanges.
BOD by Finch returns and exchange department operates Monday-Friday from Melbourne, Australia.

1.  Click Here for a Returns Form   
2. Fill out the Returns Form and send with the returned item/s to:
3. Once Your Products are received by BOD by Finch, we will send you an acknowledgement of receipt of Your Returned Products and will inspect them.

Please note that NO returns or exchanges can be made in person.
Please contact our Customer Service Team if you have special requirements regarding the return or exchange of Product at this email: hello@bodbyfinchapparel.com
BOD by Finchcannot accept COD deliveries.
FAULTY RETURNS POLICY FOR REPLACEMENT, REFUND OR REPAIR

BOD by Finch takes great pride in their reputation for quality and we provide the legally required warranty against defects and faults as follows:
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 for compensation for any 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.  Where permitted by law, all other rights are excluded.
In order to make a claim under the preceding paragraph You must return the Product:
 in accordance with the protocol in the section above titled RETURNS AND EXCHANGE : and
 accompanied by a valid proof of purchase.
 
BOD by Finch will reimburse any reasonable shipping charges for return of goods that are deemed faulty.
GENERAL RETURNS AND EXCHANGE POLICY

If You change your mind, or make a wrong decision, BOD by Finch will happily assist You with an exchange or refund, provided the Products:
 are in saleable condition
 are in their original packaging with all tags, labels & hygienic protector still intact
 have not been worn, damaged or washed
 are accompanied by a valid proof of purchase including original invoice
 are returned up until 14 days from the date of purchase

Product will be exchanged for other items You choose or refunded to the original card of purchase.
Return shipping to BOD by Finch must be via a prepaid & traceable method to ensure safe and documented delivery.  BOD by Finch takes no responsibility for missing incoming deliveries.  The Products are Your responsibility until they reach BOD by Finch.  Please ensure You package your return to prevent any damage to the items or boxes.  BOD by Finch is not responsible for any items that are returned to it in error.
The original shipping charges are not refundable, however if You are exchanging for an alternative item, You will not be charged postage for the first exchange.  All subsequent exchanges will be charged postage at BOD by Finch’ normal rates.

Where can a B.O.D by Finch Gift Card be used?

Digital Gift Cards purchased on this site are redeemable online at bodbyfinchapparel.com. Digital Gift Cards cannot be redeemed in Myer Concessions and any other third party websites that B.O.D by Finch clothing may be sold on. Digital Gift Cards are redeemable for merchandise only and cannot be used to purchase another gift card. An order confirmation should be received within 24 hours of purchasing your Digital Gift Card and will be resent to the sender's email address, not the recipient.

Please note Digital Gift Cards cannot be purchased using PayPal. For any further enquiries please contact hello@bodbyfinchapparel.com

How can you redeem your Digital Gift Card?

New and easy ways to redeem Digital Gift Cards.

Online: No need to register, just enter the 9-digit card number and PIN at checkout.

Terms and Conditions

Digital Gift Cards are issued by Finch Entertainment Pty Ltd and are redeemable for merchandise only. The balance left on a Digital Gift Card will not be returned to a customer in the form of cash. Digital Gift Cards may not be returned, applied to previously purchased merchandise, or used to buy another gift card. Promotions or discounts cannot be applied to Digital Gift Card purchases. If a Digital Gift Card is lost, stolen or destroyed, it is at B.O.D by Finch’s discretion to replace it if you provide the card number. A replacement card will be the value of the Digital Gift Card at the time B.O.D by Finch processes your request. A Digital Gift Card has a 3 year expiration from the date it was purchased.

 
Bodbyfinch INSTA GALLERY

Bodbyfinch invites you to share your photos by uploading them on-line at www.bodbyfinchapparel.com,  

How to submit photographs to our gallery

If you would like to submit photographs for possible inclusion in our gallery, hash-tag your photos (e.g. of you in your Bodbyfinch garment), using #bodbyfinch, #rachaelfinch or #bodbyfinchapparel, your images will be considered for inclusion in the gallery:

Copyright and use of photos

1. We acknowledge that you retain ownership of copyright in any photo you have taken, but you consent to Bodbyfinch (or a related company of Bodbyfinch) and Get Candid (our third party photo sharing software provider) using and reproducing your photo and likeness (and any names provided) in our gallery.
2. Your photo may then be stored in our gallery database for as long as we choose to store it.  We may, but are not obliged to display/ use/ reproduce or maintain your photo on our websites or in other materials (electronic or hard copy) from time to time and for such duration as we choose.  You agree that your photo may be seen by a wide range of people.
3. If we display or otherwise use your photo we may do so in whole or in part and are not required to identify you, remunerate you or consult you in relation to such use.
4. We will not use your photo in any defamatory, degrading or offensive way.

Rules about photos

5. By tagging a photo in the way described above you agree and acknowledge that:
(a) you are/ will be the individual pictured in your photograph or you have the consent of all others individuals depicted;
(b) you are aged 18 years or over or have parental consent to provide photos in the way described in these terms;
(c) your photos must not contain or depict anything vulgar, profane, pornographic, racist, sexist, discriminatory, obscene, defamatory, degrading, unsavoury, illegal, harassing or offensive or that breaches or violates any person’s privacy, intellectual property or other rights; and
(d) you will indemnify us in respect of any loss or damage that we suffer as a result of any breach by you of these terms and conditions. 
Removing photos

6. If you wish to remove one of your photos from our Insta gallery, you may request us to do so by emailing your request for removal at hello@bodbyfinchapparel.com  with a link to the page the image is featured on, also accompanied with a screen grab of the image.