Terms and Conditions
TERMS OF USE
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
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.
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
COPYRIGHT
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
SHOP ONLINE TERMS OF TRADE
PURCHASING
ORDERS
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
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.
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
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).
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
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
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
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
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
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
DISCLOSURE TO THIRD PARTIES
CONSENT TO DISCLOSURES
5. DISCLOSURE OUTSIDE AUSTRALIA
6. HOW TO ACCESS AND CORRECT PERSONAL INFORMATION
REQUESTS
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
CORRECTION
- 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
- 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.
7. HOW TO COMPLAIN ABOUT OUR TREATMENT OF YOUR PERSONAL INFORMATION
8. SECURITY
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
9. WHAT HAPPENS IF YOU DON'T PROVIDE THE PERSONAL INFORMATION WE REQUEST
10. DESTRUCTION AND DE-IDENTIFICATION OF PERSONAL INFORMATION
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
ABOUT COOKIES
GOVERNMENT-RELATED IDENTIFIERS
COPIES OF PRIVACY POLICY
SHIPPING
AUSTRALIA SHIPPING POLICIES
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 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.
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 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.
RETURNS AND EXCHANGE
BOD by Finch returns and exchange department operates Monday-Friday from Melbourne, Australia.
2. Fill out the Returns Form and send with the returned item/s to:
C/O AQR
80 Berkshire Road
Australia
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
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
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
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
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.
(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