SAMANTHA OGILVIE ("SAMANTHA OGILVIE" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Site (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.samanthaogilvie.com/. We recommend you keep a copy of the TOS forfuture reference.
In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about SAMANTHA OGILVIE’s Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from thoseover 18 however.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address shop@samanthaogilvie.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify SAMANTHA OGILVIE immediately of any breach of security or unauthorised use of your account.
Please refer to our Privacy Policy for information about how we use your data.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the SAMANTHA OGILVIE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to SAMANTHA OGILVIE, whose applications are acceptable to SAMANTHA OGILVIE and who have authorised SAMANTHA OGILVIE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. SAMANTHA OGILVIE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where SAMANTHA OGILVIE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. PersonalInformation that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
SAMANTHA OGILVIE will store a record of your transactions for a minimum of one year.
PRICING POLICY
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST.
All prices and offers remain valid as advertised from time to time. The AUD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in Australian Dollars (AUD), thefinal price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
SAMANTHA OGILVIE is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your SAMANTHA OGILVIE account in the form of a store credit, which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and SAMANTHA OGILVIE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Brisbane, Australia and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particularitem, that the item ordered is out of stock or does not satisfy our qualitycontrol standards and is withdrawn, or that you do not meet the eligibilitycriteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PAYMENT
Visa, Visa Debit, MasterCard, American Express and any other methods, which may be clearly advertised on the Site from time to time, canmake payment. Payment will be debited and cleared from your account upon dispatch of your order by SAMANTHA OGILVIE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card-holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to SAMANTHA OGILVIE, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using E-WAY, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered SAMANTHAOGILVIE user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions, which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, SAMANTHA OGILVIE uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
SAMANTHA OGILVIE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by SAMANTHA OGILVIE, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours duringsale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. SAMANTHA OGILVIE is not responsible for any delays caused by destination customs clearance processes.
RETURNS & EXCHANGES
At SAMANTHA OGILVIE we will happily exchange or give store credit to you for unsuitable items where intention to return item has been emailed toshop@samanthaogilvie.com, no longer than 7 days after date of delivery. If we are contacted outside the 7 day limit, SAMANTHA OGILVIE may refuse any requests for exchange. Items exchanged will be exchanged at the retail prices/values that were effective on the date of the original transaction.
You must request your Returns Authorisation (RA) number within 7 days of order receipt, and return your unwanted items within 7 days of receiving your RA number for an exchange for the same item in a different size, based on stock availability. You will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost to: SAMANTHA OGILVIE, SHOP 3 EMPORIUM, 1000 ANN STREET, FORTITUDE VALLEY QLD 4006 AUSTRALIA eg by registered post. Returns will only be accepted if the item is in perfect condition, and sent along with original email invoice. Any returns must be sent in new and unused condition – with all packaging, boxes and tags attached.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our Head Office. In case of dispute, we also recommend you retain proof of sending. Returns/Store credit will be issued within 30 days of us receiving your cancellation notice.
Any returns/Store Credits processed will NOT include refund of the postage fee. Please note: Returns and exchanges are not accepted on swimwear and jewellery due to health regulations. For any exchanges or returns, product must be posted back to Head Office at the customer’s expense.
* Please note that for any sale products purchased there are STRICTLY NO exchanges OR store credits.
OUR POLICY
Items should be returned unused and with all SAMANTHA OGILVIE and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer.
Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please emailshop@samanthaogilvie.comif any of your purchases have been delivered without SAMANTHA OGILVIE tags.
All items returned should have a Return Authorisation (RA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
SHOES
All shoes should be tried on a carpeted surface before wear.
LINGERIE & SWIMWEAR
Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if thisstrip has been removed or if items are soiled, and may be sent back to the customer.
FAULTY GOODS
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on SAMANTHA OGILVIE. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs,trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including SAMANTHAOGILVIE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectualproperty rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by SAMANTHA OGILVIE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminalpenalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your ownpersonal use.
CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. SAMANTHA OGILVIE tries to ensure that the information on this site is accurate and complete. SAMANTHA OGILVIE does not promise that SAMANTHA OGILVIE’s content is accurate or error-free. SAMANTHA OGILVIE does not promise that the functional aspects of the Site or SAMANTHA OGILVIE’s content will be error free or that this Site, SAMANTHA OGILVIE content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on SAMANTHA OGILVIE website are the personal opinions of the authors and do not reflect the views of SAMANTHA OGILVIE. By posting you agree to be solely responsible for the content of all information you contribute. You also grant SAMANTHA OGILVIE the right to use any content you provide for its ownpurposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but SAMANTHA OGILVIE does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mailshop@samanthaogilvie.com.
SAMANTHA OGILVIE reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of SAMANTHA OGILVIE and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than SAMANTHA OGILVIE, including advertisers. SAMANTHA OGILVIE has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content ofsuch websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
YOUR RIGHTS
You have certain rights under the law. In Australia these include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact the Queensland Government Office of Fair Trading.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).
If SAMANTHA OGILVIE breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and SAMANTHA OGILVIE at the time of you placing your order, and SAMANTHA OGILVIE dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We arenot responsible for losses not caused by our breach or negligence, indirectlosses which are a side effect of the main loss or damage and which are notreasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
COMPENSATION
At our request, you agree to compensate us fully, defend us, and hold us SAMANTHA OGILVIE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and SAMANTHA OGILVIE as a result of the TOS or your use of thisSite. You agree that you may not and will not hold yourself out as a representative, agent, or employee of SAMANTHA OGILVIE, and we shall not beliable for any representation, act, or omission on your part.
NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
GOVERNING LAW
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.
Privacy Policy
Samantha Ogilvie respects your privacy on the Internet and it is of great importance to us. We have adopted a corporate wide Privacy Policy that guides how we collect, store and use the information you provide us with. By visitingwww.samanthaogilvie.com/, you are accepting and consenting to the practices described in this Privacy Policy and the web site Terms and Conditions. To protect your privacy, you can visit Samantha Ogilvie site without identifying yourself or having to reveal any information about yourself.
Samantha Ogilvie collects personal information in several ways - when you place an order, buy a gift voucher for a friend or register for Samantha Ogilvie’s email subscription. Any of this information is used to assist in keeping you informed with relevant consumer notifications about products, store openings, offers, promotions, sales, and any other goings on that may interest you as a special Samantha Ogilvie customer. We also use your details to ensure a high level of customer service is maintained in processing orders and ensuring a timely delivery.
When you submit feedback or questions via e-mail, or contact us for information about our website, we will request your name and e-mail address. We use this information solely to respond to your inquiries, and for future information about Samantha Ogilvie products. You can unsubscribe from our mailing list at anytime that you request.
When you place an order you will be asked for the following personal information: your name, e-mail address, billing address and delivery address, and phone numbers, so that we can process and fulfill your order. We may share this information, and only that information which is absolutely necessary, with those third parties that are involved in the processing of your order. For example, the financial institution that issued your credit card.
We do not collect personal information when you visit our site unless you log on, place an order or register with us.
Samantha Ogilvie ensures that information you share with us is managed in accordance with relevant Australian privacy law. As the Australian Federal Government introduces new privacy legislation - Samantha Ogilvie privacy policies will be reviewed and updated as appropriate.
More information on privacy legislation is available from the Federal Privacy Commissioner atwww.privacy.gov.au/ Who we share your information with
This policy applies to Samantha Ogilvie or its subsidiaries, but not to websites maintained by other companies or organisations to which we link to or engage in joint promotions. Please ensure that you read the Privacy Policy of such other companies before submitting your details. We do not share or sell information to third parties, outside our corporate group, nor use personal information for any reason other than its intended use.
Samantha Ogilvie does not intend selling your personal information to other parties. However, we will often need to pass personal details such as your name and address to companies who perform parts of ourservice delivery. This includes major delivery companies and third party fulfillment contractors. In these circumstances, Samantha Ogilvie will ensure that these third parties undertake toprotect your privacy.
How to update your information
Changes to your contact, invoice and delivery details can bemade using the ‘My Account’ section ofwww.samanthaogilvie.com/. Alternatively, if you would like us to update your details, please notify us atcustomerservice@samanthaogilvie.comand we will attend to correcting your stored information, as soon as possible.
We do not want to send emails to you if you would prefer not to receive them. At any time you do not wish to receive our email marketing updates you can “unsubscribe” by clicking on the link at the bottom of our email flyer. Alternatively you may contact our head office if you would like us to remove you from our subscriber list by sending an email tocustomerservice@samanthaogilvie.comor by writing to Shop 3 1000 Ann Street, Fortitude Valley QLD 4006 Australia.
Updates to this
We reserve the right to make changes at any time to our policies and/or alter the look and functionality of our web site. However, if we change how we use your Personal Information, we will post the policy change notification on the web site and we will update this Statement accordingly. We encourage you to periodically review this Statement for the latest information on our privacy and security policies.
