TERMS AND CONDITIONS
- About the Website
- Acceptance of Terms
- Your obligations as a Member
- Purchase of Products
- Returns Policy
- Additional Legal Terms
- About the Website
Welcome to www.aboutlastnightofficial.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase products listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services’).
The Website is operated by About Last Night (ABN 55410994423), a company registered in Melbourne, Australia. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by About Last Night. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, it signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
About Last Night reserves the right to review and change any of the Terms by updating this page at its sole discretion. When About Last Night updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept these Terms and Conditions (“Terms”) by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by About Last Night in the user interface.
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you will be required to provide personal information about yourself, including:
- an email address
- a mailing address
- a telephone number
- a password
- payment card details
You warrant that any information you give to About Last Night in the course of completing the registration process will always be accurate, correct and up to date.
You may not use the Purchase Services and may not accept the Terms if:
- you are under 18 years and therefore not of legal age to form a binding contract with About Last Night; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
- Your Obligations As A Member
As a Member, you agree to use the Purchase Services, according to the following conditions:
- You agree to only use the Website for purposes that are permitted by the Terms;
- You agree to be bound by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- You agree to have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- You agree that the use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify About Last Night of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- You agree that access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of About Last Night providing the Purchase Services;
- You agree that you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by About Last Night for any illegal or unauthorised use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
- Purchase of Products
In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
Please be mindful when making sizing selections when using our Purchase Services. We stock a range of different designers, and sizing can vary slightly from each brand. We encourage you to read the garment description and check the size and fit details outlined for each individual product. We do our best to accurately describe the fitting of each garment and sometimes will make sizing recommendations if the garment fitting is smaller or larger.
Payment of the Purchase Price may be made through one of the following third party providers:
- Stripe - Online Payment
- Lay Buy It
(the 'Payment Gateway Providers')
Following payment of the Purchase Price being confirmed by About Last Night, you will be issued with a receipt to confirm that the payment has been received and About Last Night may record your purchase details for future use.
- Returns Policy
If you are not entirely satisfied with your purchase, we're here to help.
Our item(s) can be returned within 28 days of the original purchase of the product.
To be eligible for a return, please make sure that:
- The item (s) were purchased in the last 28 days
- The item (s) is in its original condition with the tags still attached.
- The Item (s) are free from make-up, any markings or odours.
- You must contact us regarding the item(s) and the reason for the return.
Item (s) that do not meet these criteria will not be considered for return.
Please allow up to 10 working days for us to receive your items. We will inspect it and notify you that we have received your returned item. We will immediately notify the status of your return after inspecting the item and your store credit will be processed.
Please note that About Last Night does not offer refunds for change of mind or if an item does not fit.
Send the product with its original packing and order number to:
ABOUT LAST NIGHT
Parcel Locker 10146 20378
Shop 31, 80 Harvester Road
Sunshine VIC 3020 Australia
Shipping charges incurred in connection with the return of a product are non-refundable.
You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from About Last Night.
If you received a damaged product, please notify us immediately for assistance.
Unfortunately, sale items cannot be refunded. Only regular price items can be refunded.
Unfortunately, we’re unable to offer returns on pierced jewellery, cosmetics, underwear or swimwear where the hygiene seal has been removed.
Due to a fast turnaround of product, we unfortunately don't offer exchanges on sizes. If you want to exchange your item for another, we advise you return the item back to us and then use your store credit to place a new order. Please ensure all items are packaged securely and will arrive back to us in their original condition. The customer is required to cover any re-shipping costs, unless the new order value qualifies for free shipping.
Need Help? Contact Us.
If you have any questions about our Returns and Refunds Policy, please contact us, by e-mail: email@example.com
You acknowledge that the Purchase Services offered by About Last Night integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
In providing the Purchase Services, About Last Night may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that About Last Night is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, About Last Night asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
- Additional Legal Terms
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of About Last Night are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by About Last Night or its contributors.
About Last Night retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of About Last Night; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of About Last Night and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
You acknowledge that About Last Night does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
About Last Night will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- About Last Night we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of About Last Night (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of About Last Night, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of About Last Night (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of About Last Night) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
About Last Night's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of About Last Night is the resupply of information or Purchase Services to you.
You expressly understand and agree that About Last Night, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
About Last Night is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of About Last Night, by third parties or by any of the Purchase Services offered by About Last Night.
You acknowledge that About Last Night does not provide the Delivery Services to you and you agree that About Last Night will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by About Last Night as set out below.
If you want to terminate the Terms, you may do so by:
- notifying About Last Night at any time; and
- closing your accounts for all of the Purchase Services which you use, where About Last Night has made this option available to you.
Your notice should be sent, in writing, to About Last Night via the 'Contact Us' link on our homepage.
About Last Night may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- About Last Night is required to do so by law;
- the partner with whom About Last Night offered the Purchase Services to you has terminated its relationship with About Last Night or ceased to offer the Purchase Services to you;
- About Last Night is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by About Last Night is, in the opinion of About Last Night, no longer commercially viable.
Subject to local applicable laws, About Last Night reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts About Last Night's name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and About Last Night have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify About Last Night, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
Compulsory Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 5 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Customer service resolution or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia.
3. Confidentiality of Mediation
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
4. Termination of Mediation
If 10 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by About Last Night is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.