Terms and Conditions
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this website remain the property of Witchery Fashions Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (“Witchery”) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Witchery and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Delivery or Returns & Exchange pages for further information.
In order to contract with Witchery you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Witchery retains the right to refuse any request made by you.
- Our Contract
- When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
- Pricing and Availability
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
- Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
- The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
- Discount Codes
- We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.The conditions of use relating to any discount code will be specified at the time of issue.
- Our Contract
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Witchery and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Witchery's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless Witchery, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
Witchery shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at firstname.lastname@example.org.
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Witchery.
Governing Law and Jurisdiction
These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.
Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Witchery.
- Certificate can be redeemed for merchandise only and not for cash.
- Lost, stolen or destroyed certificates will not be refunded in cash or replaced.
- Gift certificates are valid for 12 months from date of issue.
- Another certificate will be issued for under redemption.
- Gift certificates not be purchased online currently.
- Gift certificates cannot be redeemed in Witchery concession stores at David Jones or Clearance outlets.
- Gift certificates are in $AUD only and cannot be redeemed in New Zealand stores.
- Gift certificates cannot be used as payment online.
- Rewards can not be earned when purchasing gift vouchers
The Witchery Loyalty Program Terms and Conditions (“Member Terms and Conditions”) set out in this document concern the operation of the Witchery Loyalty Program, the use of the Witchery Card, the Member Website and any promotional activity and loyalty transactions that arise as a consequence of the Witchery Loyalty Program.
Individuals who join the Witchery Loyalty Program and/or redeem Rewards agree to be legally bound by the Member Terms and Conditions.
The Member Terms and Conditions may be modified at any time without prior notification by Witchery in its absolute discretion. Despite anything to the contrary contained in this document, any modification to the Terms and Conditions may be applied to a Member retrospectively.
Witchery will not accept any liability for any email communication to any Member that is misdirected, lost or not received.
Witchery will not accept any liability for any technical issues that may cause damage to any computer related to or used in connection with the Witchery Loyalty Program.
In its absolute discretion, Witchery reserves the right to cancel, terminate, modify or suspend the Witchery Loyalty Program at any time.
Witchery will not be liable for any tax liability incurred by a Member in connection with the Witchery Loyalty Program, including that incurred in the provision of Rewards.
The Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Rewards, as well as in conjunction with the Witchery Website’s Terms and Conditions . In the event of any discrepancies, Witchery's decision in its absolute discretion will be final and binding.
Witchery's decision in relation to all matters arising in relation to the Witchery Loyalty Program is final and binding.
- Activation/Activate refers to the process required to activate the Witchery Card.
- Benefits means any benefits given to the Members.
- Member means individuals who sign up to the Witchery Loyalty Program.
- Member Profile means the personal details of the Member which can be updated on the Website.
- “Member Terms and Conditions" mean the terms and conditions set out on this page and as updated on this page from time to time.
- Website refers to the website witchery.com.au where details of the Witchery Loyalty Program (including the most up to date Terms and Conditions) can be found. The Website also provides for the facility to activate the Witchery Card and update the Member Profile.
- Rewards refers to rewards given to Members as a consequence of purchasing behaviours, incentives and/or promotions. Members are notified of Rewards via email.
- Technical Issues means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.
- Witchery Card refers to the membership card that is linked to the Members' account on the Website.
- Terms and Conditions mean the Terms and Conditions set out in this agreement and as updated on the Website from time to time.
- Witchery Loyalty Program means the loyalty program operated by Witchery providing Members with access to exclusive benefits and rewards.
- Witchery means Witchery Fashions Pty Ltd ABN 70 006 897 230, its related bodies corporate and its authorised representatives.
MEMBERS | MEMBERSHIP
- An individual is deemed to be a Member of the Witchery Loyalty Program when they sign up on the Website and activate their Witchery Card.
- Activation of the Witchery Card is deemed acceptance by the Member of the Member Terms and Conditions.
- Membership of the Witchery Loyalty Program is only open to individuals with a valid email address.
- At any time, Members can only have one membership to the Witchery Loyalty Program and one corresponding Witchery Card.
- Witchery reserves the right to refuse or terminate membership of the Witchery Loyalty Program without prior notice or reason and in its absolute discretion.
- Membership is not transferable.
- It is the responsibility of the Member to update their membership profile.
- A Member can at any time terminate their membership by providing written notice to Witchery.
- The Witchery Card remains the property of Witchery at all times.
- One Witchery Card will be issued per Member.
- You must have a valid and unique email address in order to activate your Witchery Card.
- A current Witchery Card must be presented by the individual named on the Witchery Card for all transactions including (but not limited to) requests for discounts, recording of purchases, redeeming rewards or in response to any promotional activity specific to the Witchery Loyalty Program.
- Members may be required to provide photo identification to verify their identity.
- Only one Witchery Card can be presented for each transaction.
- Members must notify Witchery immediately if the Witchery Card is lost, stolen or misplaced and until such time, Witchery will not be held responsible or liable for any authorised or unauthorised transactions.
- Witchery Cards cannot be used if they have expired.
- Members of the Witchery Loyalty Program will be entitled to receive benefits.
- Witchery reserves the right to vary the benefits at any time and without notice.
- Free shipping when you spend $200 or more is only available for shipping within countries that Witchery online ships to.
- Please note, from 11:59pm AEDT 7th February 2013 all benefits between endota spa and Witchery will no longer apply.
- At its sole discretion, Witchery may update a Member account with a Reward as a consequence of a purchasing behaviour, incentive and/or promotional activities.
- Witchery will notify the Member via email of their entitlement to any Rewards.
- Witchery reserves the right to withdraw, cancel or vary the Rewards without notice and at any time.
- Rewards are generally expressed in a monetary form - for example, a $30 Reward. However, in no way do Rewards represent legal tender in any country.
- Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes.
- Rewards can only been redeemed at Witchery stores in Australia and New Zealand (excluding all Australian and New Zealand concession stores and David Jones, Ballantynes, Smith & Caughey's and other non-participating retailers) and can only be redeemed on presentation of the Witchery Card and corresponding photo identification.
- The currency in which Rewards are redeemed will be based on the location of the redeeming store. For example, a store based in New Zealand will redeem the Rewards in NZD. The Witchery online store is based in Australia and consequently, will redeem Rewards in AUD.
- Witchery reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed by using Rewards.
- Rewards cannot be earned using other Rewards as part of the transaction. E.g. If a Member transacts using $120 in cash and $35 in Rewards, they are not entitled to the $15 Reward for Members who spend over $150 (despite the transaction adding up to over $150); the Member must spend $150 in total excluding any Rewards.
- If a Membership is terminated from the Witchery Loyalty Program, all outstanding and future Rewards will no longer be valid and will be rendered null and void.
- Rewards can take up to 48 hours after purchase in store or order dispatch online before they are available for redemption.
- All Rewards have an expiry date at which point they will no longer be available for redemption. Witchery reserves the right to change the expiry date of any Reward at any time without prior notice.
- Only Rewards from one Witchery Card can be presented per transaction.
- Only one Reward will be uploaded to a Member’s Witchery Card per day.
- Witchery will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason but specifically, in the case of a technical failure of software or hardware or an EFTPOS malfunction.
- Rewards can only be redeemed once. If you try to redeem more than once this will be later declined and our customer support team will be in contact with you.
- Returns: If a customer needs wishes to return a purchase that has previously earned a Reward, Witchery will process the return and forfeit any loyalty rewards earned on the initial transaction purchase.
- Exchanges: If they a customer wishes to exchange a purchase that has previously earned a Reward, and the exchange is for a product of lesser value than the initial purchase the customer must exchange for the total purchase value. If the exchange is for a lesser value, Witchery will process a full return first and any Rewards earned on the initial transaction purchase will be forfeited. If a subsequent the exchange purchase warrants a Reward based on the transaction size then the customer will earn Rewards on the subsequent transaction purchase in accordance with these Terms and Conditions.
MEMBER REWARDS AND BENEFITS
Receive a $100 Reward when you spend $500
Member must spend $500 in total in one transaction after all Rewards have been redeemed and all discounts have been applied in order to receive the $100 Reward. Reward will be loaded onto the Membership Card approximately 24hr hours after eligible transaction in store or on order dispatch online and will expire 30 days later. Reward excludes the purchase of Gift Vouchers, Lay-by, postage, tailoring and the OCRF collection. Member can earn only 1 Reward per day unless otherwise indicated. Reward cannot be used in conjunction with any other offer unless otherwise indicated.
Receive a $35 Reward when you spend $250
Member must spend $250 in total in one transaction after all Rewards have been redeemed and all discounts have been applied in order to receive the $35 Reward. Reward will be loaded onto the Membership Card approximately 24hr hours after eligible transaction in store or on order dispatch online and will expire 30 days later. Reward excludes the purchase of Gift Vouchers, Lay-by, postage, tailoring and the OCRF collection. Member can earn only 1 Reward per day unless otherwise indicated. Reward cannot be used in conjunction with any other offer unless otherwise indicated.
Receive a $15 Reward when you spend $150
Member must spend $150 in total in one transaction after all Rewards have been redeemed and all discounts have been applied in order to receive the $15 Reward. Reward will be loaded onto the Membership Card approximately 24hr hours after eligible transaction in store or on order dispatch online and will expire 30 days later. Member can earn only 1 Reward per day unless otherwise indicated. Reward excludes the purchase of Gift Vouchers, Lay-by, postage, tailoring and the OCRF collection. Reward cannot be used in conjunction with any other offer unless otherwise indicated.
Receive a $20 Birthday Reward
Member must provide their birthday details in their profile section in order to receive the $20 birthday Reward. Reward will be loaded onto card on the Member’s advised birth date and will expire 30 days later. Member can earn only 1 Reward per day unless otherwise indicated. Reward excludes the purchase of Gift Vouchers, Lay-by, postage, tailoring and the OCRF collection. Reward cannot be used in conjunction with any other offer unless otherwise indicated.
Receive Free Shipping online when you spend $200
Member must spend $200 in total after all Rewards have been redeemed and all discounts have been applied in order to receive free shipping online. This Reward is available for shipping within any countries that Witchery online ships to. Free Shipping cannot be used in conjunction with any other offer unless otherwise indicated.
SILVER MEMBER REWARDS AND BENEFITS
Note: Silver Member Rewards and benefits are in addition to Member Rewards and benefits
Receive a $100 Reward every time you spend $1000
Silver Members must spend $1000 in total after all applicable Rewards have been redeemed and all discounts on products have been applied within a one year period in order to receive the $100 Reward. This Reward may be earned more than once in any given 12 month period provided that a $1000 or more is spent before each Reward. Reward will be loaded onto the Membership Card approximately 24hr hours after eligible transaction in store or on order dispatch online and will expire 30 days later. The purchase of Gift Vouchers, Lay by, and the OCRF collection will not contribute to earning this Reward. Member can earn only this Reward once per day unless otherwise indicated, however other Member Rewards may still be earned in conjunction with this Reward. Reward cannot be used in conjunction with any other offer unless otherwise indicated. If product is returned that was part of the $1000 spend within the required 12 month period and the Member has a lower total spend of $1000 within a year, they will not then receive the same $100 Reward again if they later reach the $1000 spend within the required 12 month period. This Reward will be earned by all Members when they spend $1000 to become a Silver Member.
Free shipping online - Always
Silver Members will always receive free shipping online. Simply log in at the checkout when making an online purchase to identify yourself as a Silver Member. Reward cannot be used in conjunction with any other offer unless otherwise indicated.
10 day extension on all Rewards
Silver Members will receive a 10 day extension (40 days in total) to redeem all Witchery Rewards. Reward cannot be used in conjunction with any other offer unless otherwise indicated.
SILVER MEMBERSHIP CONDITIONS
Becoming a Silver Member
Witchery members are eligible to become Silver members from 8th February 2012. In order to become a Silver Member, a Member must spend a minimum of $1000 in a 12 month period. Cumulative spend is calculated on a daily basis, with your first purchase amount being the start of your rolling total. If you reach $1000 within a rolling 12 month period, you will become a Silver Member. All terms and conditions which apply to Witchery Members also govern Silver Members.
Maintaining Silver Member status
Silver Member spend is reviewed every 12 months from the date that Silver status was achieved. To maintain Silver status, the Silver Member must spend $1000 in each 12 month period following the date Silver status is achieved.
Silver Members will only retain their Silver status for another year if they have spent $1000 within the required 12 month period, excluding any returns, Rewards redeemed, lay by, gift vouchers, or OCRF gift collection purchased within this period.
Further, if product is returned that was part of the $1000 spend within the required 12 month period and the Silver Member has a lower total spend of $1000 within a year, they will not then receive the same $100 Reward again if they later reach the $1000 spend within the required 12 month period.
NB: Witchery reserves the right to change the Rewards and benefits associated with Silver Member status at any time.
Reasons to revoke your Silver status
In the event the Silver Member's spend total drops below the $1000 due to returns within each 12 month period following the date Silver Member status is achieved, Witchery reserves the right to revoke the Silver status. In addition, if any Member Terms and Conditions are breached, Witchery reserves the right to revoke any Member’s membership. Further, Witchery reserves the right to refuse or terminate Silver membership without prior notice or reason and in its absolute discretion.
Silver Member Rewards and benefits
Silver Member rewards and benefits are valid from 8th February 2012 and include free shipping from online purchases, $100 Reward every time a Silver Member spends $1000 within one year (including on entry to Silver status), and 10 day expiry extension on all Rewards. Witchery reserves the right to change the current Rewards and benefits outlined without prior notice or reason and in its absolute discretion.
Buy any 2 items and receive the 3rd lowest priced items free
Offer valid online and exclusively to members in Australian & New Zealand stores for Tuesday 10/12/2013 only. The 3 items purchased can include Witchery, WitcheryMan, Witchery8fourteen and/or WitcheryKids full priced or already reduced merchandise. Free item must be the lowest priced item within the purchase. Excludes South Africa stores, gift vouchers, layby and OCRF White Shirt and Silver Gift collections. Not to be used in conjunction with any other offer or discount entitlement. The Witchery returns policy available at http://www.witchery.com.au/help/returns-and-exchanges applies to all purchases. Applicable refunds or credit notes provided will only reflect the purchase price of the item, rather than the original ticket price.