Introduction

This website agendfennel.com is a retail website where you can browse and purchase designer clothing and accessories or engage with other provided services (Services) from AGE AND FENNEL PTY LTD ABN 80 656 885 933 (“AGE AND FENNEL”, “we”, “us” and when relating to us, “our”).

These Terms and Conditions of our Services apply to your access and use of this website, including your order of our Services through this website. These terms extend to methods of sale of our Services other than via this website including sales by social media, email, telephone, in person or other methods unless otherwise specified and agreed in writing.

Customers under 18 years of age must obtain parental or guardian consent before accessing and engaging in our Services. 

Information Provided on this Site

The information presented on this website is provided in good faith and on an “as is” basis. We do not warrant the fitness for purpose of any item sold, and you should check the sizing of each garment or seek further information from the Seller, and in the event you do not do this, the completeness, accuracy or reliability of the information presented on this website is not warranted by us or the Seller. The website host and transaction platform are provided to us by Shopify Inc which allows us to sell our products and Services to you. AGE AND FENNEL is not responsible for and excludes all liability for any damage, loss and any other kind of liabilities (including special, direct, indirect or consequential damages and losses) arising in any way (including without limitation negligence) for any acts, errors or omissions of Shopify, this website and the website information contained to the extent permitted by law.

Compliance

By engaging with our Services, such as:

• Using this website;
• Ordering and/or obtaining our Services via this website or from any or our other sales means (such as in person or email); or
• Registering a customer account with us through any means (such as via website or in person);

You agree to comply and be bounded by these Terms and Conditions as presented on the AGE AND FENNEL website.

The Terms and Conditions that apply to an order accepted by us are the Terms and Conditions that were applied at the time you placed that order. These Terms cannot be altered once we have accepted your order.

Changes

We reserve the right to revise and amend our Terms and Conditions from time to time. In the event we decide to change our Terms and Conditions, we will publish a copy on our website and any revised version will be deemed to be applicable from the first date of publication on this website. By continuing to engage with our Services, you agree to comply and be bounded by the revised version. 

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Intellectual Property

By using our services, you:

• Acknowledge that the intellectual property (IP) rights and other copyright constituted in the Services, the website, artistic works, design, graphics, literary works, text and any other works presented on this website (past or present), the software, source code, object code, the website layout, selection and the content and materials is the property of and owned by AGE AND FENNEL, or is licenced to us;
• Shall not copy, modify, adapt, segment, store, reproduce, transmit, upload, post, sell, distribute in any form or publicly communicate any of the above IP and other copywrite content without prior written consent;
• Shall not embed or frame in another website or social channel any of the content and material displayed on this website and on any of our other social channels without prior written consent.

This website, Services and all other ancillary content and materials (other than the purchase platform, Shopify) which are the property of and owned by AGE AND FENNEL or used by us in relation to our Services (including our social media content) contains registered trademarks. This includes all other branding, content, illustrations, images, videos and audio which constitute the IP of AGE AND FENNEL or have been licenced to us. You shall not use any trademarks or marks presented on this website, presented prior, our name(s) or any of our IP and copyright protected content without prior written consent.

However, you may store a copy of our content on your personal device or print a hard copy for the sole purpose of personal viewing, by way of bookmark or other and engaging in our services, but not for any other use including commercial use.

No Commercial Use Notice

All IP and other copyright protected content and material as indicated under the Intellectual Property section shall not be used for commercial use, including all other assets in relation to our Services. The sale of our goods is strictly for personal use and is forbidden to be used in any way by you for commercial gain of any nature. 

By engaging in our services, you agree that the use of our Services for commercial purpose or monetary gain may enact legal action by us.

Viruses

You must not introduce viruses and are responsible for implementing necessary protocols for malware protection, including scanning any information for viruses. We are not responsible for viruses and we do not claim that any information or files from this website are free from viruses, defects or other faults.

By engaging with our services, you agree that we are not liable or responsible for any loss or damage (whether direct, indirect, economic or consequential) to you or any other person, regardless of cause, negligence or otherwise, which may be the result of any such information or files (directly or indirectly) from us or this website.

Obligations by You

By engaging with us, you agree and warrant that:

• You are responsible for all costs associated with accessing and using this website, including internet fees.
• All personal information provided by you is up to date and is true, accurate and complete;
• You will punctually inform us of changes to your personal information previously provided by you;
• You will comply with all relevant laws in relation to your use of this website, interactions with our social media and other channels, and the placement of any order submitted by you to us;
• At the delivery address specified by you, the person receiving your order is duly authorised to do so by you;
• You will check the labels and invoice of the received Services before use;
• You are responsible for and will ensure your website account log-in information used by you to access this website is kept in safe and secure;
• You will promptly notify us of any such breach in your website account when you become aware of the unauthorised event;
• You are liable and responsible for anyone who uses your log-in details to access and use this website, inclusive of submitting an order(s); and
• You accept that we may charge you for Services which we have accepted to supply you that have been placed through your website account.

You must not:

• Use this website other than in accordance with these Terms and Conditions;
• Make fraudulent or speculative purchases, enquiries and other requests through this website or other sales and communication channels with us. The above also applies for activities related to commercial benefit;
• Create fraudulent and fake accounts by any means;
• Breach any laws, infringe third party’s rights or perform other activities which violate all other relevant standards or codes while using this website, interacting with our social media and other channels or communicating with us;
• Interfere with or hinder the website or our other platforms;
• Knowingly transmit viruses or any other form of malicious and destructive code to this website or our other platforms;
• Use any mechanism to index or retrieve any portion of the website;
• Reverse engineer, adapt, modify or translate any portion of the website;
• Use this site or engage with our other platforms in a manner which interferes with our other users, followers and customers or offends, harasses, defames, threatens or acts maliciously to any person or prevent any person from using and safely enjoying the website and our other platforms;
• Violate the security of any device or network or engage in any other form of illegal conduct by using this website or posing as this website or us;
• Frame or reformat any aspect of this website;
• Use another individuals’ details to access and use the website without permission or impersonating them;
• Use, copy, adapt, modify, remove or perform any other action which breaches our intellectual property rights including trademarks, copyright or other proprietary rights contained in or on this website and our other platforms (past and present);
• Perform any action resulting in unreasonably extensive load on our infrastructure; or
• Attempt or permit anyone to perform any of the actions above.

If we deem, in our sole discretion, that you have engaged in any illegal activity (whether or not mentioned above), AGE AND FENNEL reserve the right to restrict or deny you access to this website (including the suspension or termination of your website account) and other platforms at any time without any notice and for any timeframe (including indefinitely). We also reserve the right to report your conduct to relevant law enforcement authorities or agencies with full cooperation, including the disclosure of your identity as permitted by law.

Liability and Warranty

By using this Website, you agree and acknowledge that the use of this website is at your sole risk. We exclude and are not liable for any loss or damage to any person, whether directly or indirectly, however caused arising from use or connection with this website or the Services.

To the maximum extent permitted by law, AGE AND FENNEL disclaim all warranties of any kind relating to the website, its content and Services and will not be liable for any damages and losses directly or indirectly (including consequential or special damages or losses, such as loss of business profits or data, commercial and other economic losses of any kind) resulting from any access or use of, or any inability to access or use the website or the content even if AGE AND FENNEL was made aware of the possibility of such damages.

Where a warranty, guarantee or condition cannot be excluded by law, then that warranty, guarantee or condition will be deemed included in these Terms and Conditions. However, our liability to you of any kind arising from these Terms and Conditions or in connection to them will be reduced only to the extent permitted by the relevant law at the time.

You agree to indemnify (on a full indemnity costs basis), defend and hold harmless AGE & FENNEL and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from and against all liabilities, actions, claims, costs and expenses, including legal costs, by failing to comply with these Terms and Conditions.

Customer Registration

Before placing an order for our Services through our website, you may complete the customer registration process to establish a personal website account. Note you are not obliged to complete this registration to place an order.

Any personal information provided by you will be governed by our Privacy Policy contained on this site which form part of these Terms and Conditions.

Order Placement

You have the opportunity to purchase our Services by selecting and submitting your order via this website in accordance with these Terms and Conditions. Any order(s) placed by you for our Services is an offer to purchase at the advertised price, inclusive of all relevant costs such as delivery and other taxes and charges, stated at the time you placed that order.

Additional (or confirmation of) details may be required by us in order to successfully process your order(s). As governed by our Privacy Policy, you agree to provide current, accurate and complete personal information to process your order(s) placed through this website.

Order Acceptance or Rejection

AGE AND FENNEL reserve the right, for any reason at any time, to accept or reject your order(s). This includes (without limitation) instances where the requested Service is unavailable, pricing error or errors associated with the product description displayed on the website or in your order(s).

Each order accepted, regardless of the sale method, establishes a separate binding agreement between AGE AND FENNEL and you for the supply of the Services ordered. We will supply the Services listed within the accepted order(s) according to these Terms and Conditions.

In the event we are required to reject your order(s), we will attempt to notify you within reasonable time after your order(s) was submitted.

Order Cancelation (by Us)

Prior to order(s) dispatch, the order, or parts of it (including accepted orders) may be cancelled by us  and excluding any liability to you for the cancelation resulting due to any of the below reasons:

• The requested Service is unavailable;
• We are unable to obtain authorisation for payment;
• An error in the price or product description of the requested Service displayed on the website (or other sales channels) or in your order(s);
• We deem that the selected postage price is not pertinent for the defined delivery address;
• The weight of your order exceeds the maximum postal delivery weight. In this event, we will attempt to arrange an alternate method where possible via contact with you.
• You fail our validation checks;
• Your order breaches these Terms and Conditions; or
• We believe your order(s) is being generated for commercial gain.

In the event of order cancellation, we will attempt to notify you within reasonable time after your order(s) was submitted. You will not be charge if cancelation occurs prior to order dispatch or if you are not at fault or in breach of these Terms and Conditions.

The decision to cancel an order is performed at our absolute discretion and this decision is final. We will not engage in correspondence regarding our decision for cancellation.

Order Cancelation (by You)

You will not be able to cancel your order once submitted via this website or our other sales method. If you wish to cancel your order or correct any information regarding your order prior its fulfilment and dispatch, please notify us as soon as possible from placing the order using our contact details listed at the end of these Terms and we will attempt to implement the appropriate actions to assist.

Delivery of Services

Please visit the Shipping and Returns page of this website for respective information regarding delivery times, costs and processing returns. 

Fees and Charges

Prices of our Services, delivery costs and other charges and taxes displayed on this website or through other sales channels are current at the time of publication. We reserve the right to revise and amend our prices at any time before accepting an order.

Prices are originally published in Australian Dollars (AUD) and inclusive of relevant taxes such as GST (unless specified otherwise). The website uses a currency conversion feature for shopping convenience which utilises the most current exchange rate between AUD and the currency of your location. Additional fees may apply if you purchase our Services in a currency other than AUD and/or if you reside in a country other than Australia. Some additional fees and charges have already been accounted for in the display price when viewing internationally. When necessary, we may advise you of any uncaptured fees at the time of shipping and we will not release the item until you have paid the appropriate shipping fee or tax.

The charges which apply to your order accepted by us, that you agree to pay by submitting your order are as follows:

• Purchase price of each Service selected within your order;
• The total delivery fee for delivering your order to you; and
• Any other fee, charge or tax defined within these Terms and Conditions.

Please note, international deliveries may be subject to additional duties and taxes on arrival of your order at your destination country or customs territory. If these charges are required by your country or territory, you will be responsible for the payment to the authorities. The amount payable is determined by your country’s specific regulations and will be issued to you by your local customs authority. If you refuse the customs fee, we must confirm with the courier that your order will be returned to us prior to issuing a refund with a deduction for cost of return and potentially a handling fee.

Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Returns

Prior to submitting a return request, you must ensure the below conditions are met. Any items which fail to meet any of the below criteria will not be eligible for any return, credit or exchange. Return approval is subject to our review of your request. Any item returned to us which has not been approved is returned at the customer’s expense.

1. Your purchase was made through this website ageandfennel.com.
2. The item(s) are in their original condition (unworn, not washed or altered in any way).
3. All item(s) tags, labels and ribbons are still attached and secured as per its original condition.
4. If the order was delivered in Australia, the returned order is received by us within 14 days from your delivery date. If the order was delivered Internationally outside Australia, the returned order is received by us within 21 days from your delivery date.

For custom or exclusively designed items, these purchases are non-refundable and returns will not be accepted.

For more information on AGE AND FENNEL’s Returns Policy, please visit the Shipping and Returns information page on this website.

Offers and Promotions

From time to time, we may hold seasonal promotions and other temporary offers via this website and other sales channels. 

Relevant Terms and Conditions apply to such temporary promotions or offers outlined below:

1. Full Priced Items: items purchased at full price including pre-order(s) are eligible for a refund or store credit, however we are unable to credit or refund the cost of shipping. For full priced items purchased with the use of store credit or a voucher, then a new voucher or store credit will be reinstated. If the item was purchased prior to the temporary promotion or sale and is then included within the promotion or has been marked down, you are not eligible to receive a refund or credit for the difference in purchase price of a previous order to the promotion or temporary offer.
2. Sale Items: We do not offer refunds, credit or exchanges on any Sale Items purchased online unless deemed faulty. If the promotion is deemed a ‘Warehouse Sale’, some items within the promotion may contain minor discrepancies defined as slight imperfections/reasonable flaws and is not considered a fault on the garment under this promotion. These terms extend to Final Sale items which are items that have been priced to clear. AGE AND FENNEL reserve the right to exclude and or remove items from and during any promotion at any time without required notice.

Note, all prices advertised are subject to change at any time without any notice, and orders submitted prior to these changes will not be amended.

For more information on AGE AND FENNEL’s Offers and Promotion conditions, please visit the Shipping and Returns information page on this website.

Governing Law and General Provisions

These Terms and Conditions will be governed by and interpreted in accordance with, the laws for the time being in force in South Australia and each party submits to the non-exclusive jurisdiction of the Courts of or exercising jurisdiction of, that State and waives any right it might have to claim that those Courts are an inconvenient forum.

The parties covenant that none of them will institute or attempt to institute any proceedings in relation to any dispute or any matter or thing arising out of, or in connection with, These Terms and Conditions other than in a Court of South Australia or, in respect of any proceeding in a Federal Court, in the registry of the relevant Federal Court.  A party will not, without the consent of the other parties, request that proceedings instituted in a Federal Court in South Australia be heard outside of South Australia.

Definitions mentioned on www.ageandfennel.com

• GST: A New Tax System (Goods and Services Act 1999 (Cth)

Our Contact Details

If you have any questions about these Terms and Conditions, please contact us via email at email address: customercare@ageandfennel.com

 

Version: 6 December 2023