Terms of Purchase

Welcome to White Fox Boutique!

These terms of purchase (Terms of Purchase) set out the terms on which you can purchase our clothes, shoes and accessories, and gift cards (Products) through our website at whitefoxboutique.com.au and the associated features and mobile applications (Website). You must accept these Terms of Purchase for us to provide one or more Products to you. By purchasing one or more Products, you confirm that you accept these Terms of Purchase and you become legally bound by them.

Please read these Terms of Purchase carefully. They tell you who we are and other important information. They describe how we sell our Products, set out your rights and responsibilities and tell you what to do if there is a problem.

If you do not agree to these Terms of Purchase, you must not purchase our Products.

Please note that we reserve the right to update, change or replace any part of these Terms of Purchase in our sole discretion. We do this in accordance with section 9 (Changes to these Terms of Purchase) below.

For information regarding the processing of personal data, please see our privacy policy here.

For information regarding access to and use of our Website, please see our Website Terms here.

Who are we and what do we do?

We are White Fox Boutique Pty Ltd, ABN 35 606 710 114 a company registered in Australia, with offices at 45-49 Dunning Avenue, Rosebery 2018, NSW, Australia and whose registered address is Suite 1, 51 Victoria Road, ROZELLE NSW 2039, Australia] (we / us /our).

You can find everything you need to know about us and our Products on our Website before you order. We also confirm the key information to you in writing, after you order, by email.

We use Shopify, which is an e-commerce platform managed by Shopify and not owned by us, to help us manage the sale of our Products to you through our Website.

How to contact us

You can contact us with any queries through our Contact Page.

  1. Account opening and order process

Accounts

To access some features of the Website such as easy checkout, loyalty club, order history, wish lists, store credit and other benefits, you must register an Account with us (“Account”). You can create an account here. To register an Account, you must give us accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 13 years old.

To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18 years old you may only use the Website with the involvement of a parent or guardian - we do not sell products for purchase by children.  

You may also place an Order as a guest. If you choose to register an Account later, the Orders you have placed as a guest will appear on your Account.

You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).                                                                                                                                            

Orders

To purchase our Products, you need to place an Order on our Website. In legal terms, the Order is an offer by you to purchase the Products described in the order in accordance with these Terms.

Please check your Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.

We will send you a written acceptance of the Order by email after you have placed the Order. When we send you this email a formal contract between you and us will be created (Contract).

We charge you when we accept the Order.

However, we run certain checks after an Order has been accepted, including checks in relation to credit, security, fraud and stock checks. If, following those checks and at our sole discretion, we deem it necessary to cancel an Order, we will contact you as soon as possible to inform you and issue a refund using the original payment method. If the reason for cancelling the Order is that the Product is out of stock, we may ask if you wish to select a different Product instead.

If you wish to cancel an Order before it has been delivered, please contact us and we will consider the request. If an Order is already being processed, it may not be possible to cancel dispatch. However, this does not affect your rights set out below under “Refunds and returns”.                                                                                                                                                                                                                                                            

Collection of data and minors

The Products are not targeted at children under 13 years old. We do not knowingly collect or request any information from anyone under 13 years old, or knowingly allow anyone under 13 years old to purchase our Products. Children under 13 years old are forbidden to provide us with personal information. If we discover we have collected personal information from a child under 13 years old without the consent of their parent or legal guardian, we will delete as much of such personal information as we can as soon as possible.

By placing an Order, you confirm that you consent to us conducting verification and security procedures.

  1. Products

The images of the Products on our Website are for illustrative purposes only. While we use reasonable efforts to describe and photograph our Products, and to display the colours, as accurately as possible, there may be minor variations between the images as they are displayed on the Website and the Products you receive. In particular (but without limitation), we cannot guarantee that your computer's display of the colours will reflect the colour of the Products.

We reserve the right to modify, limit the quantities or discontinue our Products and we shall not be liable for any modification, price change, suspension or discontinuance of the Products that occurs prior to you placing your Order.

When providing our Products to you, we warrant that:

  • we will provide our Products to you in accordance with these Terms of Purchase;

  • we will comply with all applicable laws when providing our Products;

  • our Products will conform the description set out in the Order;

  • our Products will be free from material defects; and

  • our Products will be of satisfactory quality.

Other than as listed above, we give no warranties and make no representations in relation to our Products and all warranties whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law. This does not affect your statutory rights.

  1. Price and payment

The final price for our Products, including tax, will be as set out in your Order (Price). The Price is exclusive of any customs charges, duties or similar fees unless otherwise indicated to you at checkout. We are not responsible for and will not reimburse any additional charges, duties or fees.

The shipping method and cost of delivery that is selected by you when you place the Order will include all charges for packaging and delivery of the Product to your designated destination (Delivery Fee) and will be added to the Price of your Order.

We will charge you the Price and Delivery Fee via the payment methods accepted on our Website at the time we accept the Order. All amounts due under a Contract must be paid in full in advance.

All charges are in the currency displayed at checkout. If your payment method is in a different currency, your bank or other payment method provider may charge currency conversion and administration fees on purchases. We are not responsible for such conversions or fees charged by your bank.

You must be fully entitled to use the payment method used for purchases.

Time for paying the Price is of the essence. All amounts due under a Contract shall be paid in full without any set-off, deduction or withholding.

  1. Delivery

We will deliver our Products to you in accordance with our shipping policy, here. The relevant delivery schedules, costs and shipping partner will depend on the country we are shipping to, as set out in cart when you place an order on our Website.

Note estimated delivery timescales set out on our cart page do not include dispatch times. We aim to dispatch all Orders placed before 12PM (Australian Eastern Daylight Savings Time), Monday – Friday, on the same day. If your Order is placed after this time, on a weekend or on an Australian public/ bank holiday, we aim to have these dispatched the next business day.

Dispatch times during high volume periods, and for sale products, may also be slightly longer, and sale periods such as Black Friday.

While we make every effort to deliver our Products to you within the timescales indicated above, this may not always be possible, due to customs delays or other events outside of our control. If you would like an update on delivery, please contact us using our Contact Page. Time of delivery is not of the essence.

If your Product does not arrive within the timescales indicated above, and you inform us within a reasonable period of time following the end of the relevant timescale, we will investigate this for you. If we believe that the Product has gone missing, we will endeavour to replace it for you, or offer you store credit. However, please note that, where we have evidence that the Product has been delivered, we will not offer a replacement or store credit.

Please note that, if a Product is returned to us due to an incorrect shipping or delivery address being inputted when you place an Order, we will contact you to ask whether you would like us to a) redeliver the Product to you (at your cost) or b) issue you with store credit (less the original delivery cost).

  1. Returns and refunds

Our Returns policy is here. If you would like to return any of our Products, please follow the process outlined on that page.

Nothing in our returns policy is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law.

GLOBAL STORE (other than US, UK and EU consumers)

DO YOU OFFER REFUNDS?

We do not offer refunds for Products unless they are faulty or if you otherwise have a remedy under the Australian Consumer Law, but if you have changed your mind and would like to choose a different Product, you can return it to us using the process set out below and we will issue you with a store credit (less delivery costs).

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

There is a major failure with a product when: you would not have purchased it had you known about the problem/it is significantly different from the description you were shown/it is substantially unfit for its normal purpose/it is unsafe.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  

How do I return a Product?

If you would like to return any of our Products, please click here: or log into your Account and click 'Return Items' next to your order.

HOW LONG DO I HAVE TO RETURN A PRODUCT?

You will need to return a Product within 30 days of the Order being placed.

HOW LONG WILL IT TAKE TO PROCESS?

We aim to process returns within 3-4 business days from receipt (it may be slightly longer during very busy periods). Store credit will be added to your Account shortly thereafter, and we will contact you by email setting out the details.

Please note that any refund or store credit will be for the amount paid for the Product after any discounts have been applied.

GUEST RETURNS

If you purchased your Product as a guest, follow the steps set out above for logging your return, and store credit will be applied under the email address used to place your Order. To access the store credit, you will need to activate your Account by clicking here.

WHAT CANNOT BE RETURNED?

You cannot return a Product if:

  • it is damaged or broken (other than where it was damaged prior to being received by you);

  • the Product has been worn or used, there is evidence of wear and tear or any of the labels/tags (whether original or our branding) have been removed;

  • there is evidence of fake tan, make up or perfume on it;

  • for Products sealed or packaged for hygiene purposes:

    • for jewellery, and beauty products, the seal or packaging has been opened, tampered with or broken;  

    • for swimwear, if the hygiene seal has been removed;

    • for undergarments, socks, earrings and fake tan: under any circumstances unless the Product is deemed faulty or if you otherwise have a remedy under the Australian Consumer Law;

  • you do not have proof of the Order; or

  • you did not follow the returns process outlined above within 30 days of placing the Order.

    All Products returned to us are reviewed by our team to check that they comply with our returns policy. If there is an issue, we will inform you by email. We are not responsible for and do not offer refunds for items which are not White Fox originals which are mistakenly returned, or for counterfeit goods.

Nothing in this clause is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law.

What do I do if I have received a faulty Product?

If you believe that a Product is faulty or mis-described, please contact us as soon as possible (but no later than 30 days from purchase) at info@whitefoxboutique.com and attach 2-3 clear photos of the fault you believe it present. If we agree that the Product is faulty or misdescribed, we will provide you with a returns label (or cover the cost of the return) and offer you the choice of a refund, a replacement Product or a store credit. We offer prepaid returns labels in the UK, Ireland, Australia, New Zealand and the US.

If you choose a refund, we will issue the refund via the original payment method. If you choose a replacement Product or a store credit, we will send this to you as soon as possible by post/email (as appropriate).

CAN I EXCHANGE A PRODUCT?

We do not offer exchanges.

CAN I RETURN A SALE ITEM?

We do not offer returns on sale items, unless they are faulty.

WHERE WILL MY RETURN BE PROCESSED?

All returns are processed at our warehouse in Sydney, Australia.

HOW DO I TRACK MY RETURN?

If you are using a prepaid return label from us, you can track your return by entering your tracking number via the link below:

https://auspost.com.au/mypost/beta/track/search

If you have purchased your own returns label, you are responsible for tracking your parcel according to your chosen method of postage.

  1. Your obligations and restrictions

You agree and accept that:

  • you will provide complete and accurate information when placing an Order for a Product (or Products) and you are responsible for making sure that the data you provide us, and the Order you have created, is correct;

  • you will comply with these Terms of Purchase, and any other documents referred to in them, when using our Website and placing an Order for our Products;

  • you will not use our Website or purchase our Products to do or take part in anything illegal; and

  • in reading and accepting these Terms of Purchase, you are aware of and understand your rights and responsibilities, and if you are not sure, you have contacted us on our Contact Page for help or more information.

  1. Termination

We may terminate any and all Contracts we have with you at any time by contacting you in writing if:

  • you commit a serious breach of these Terms of Purchase;

  • you do or take part in anything illegal when using our Website or purchasing our Products; or

  • you fail to pay any amount due under a Contract on the due date.

You can terminate a Contract only as set out in section 5 (Returns and Refunds).

Termination of a Contract does not affect any of the rights and obligations that either party has acquired under that Contract at any time up to the date of termination.

The following Terms will continue to apply even after termination of a Contract: sections 1, 5, 6, 8, 10, 11, 12, and 15.

  1. Events outside either party’s control

Neither party will have any liability under these Terms of Purchase or a Contract for any delays or failures to perform their obligations because of circumstances that are beyond its reasonable control, (for example, an act of war, fires, floods etc). Neither party will be considered to be in breach of these Terms of Purchase or a Contract for any delays or failures to perform their obligations because of circumstances beyond its reasonable control.

In particular, we will not be liable for any loss or damage caused to you due to failure to access our Website for any reason, or as a result of a cyber-attack or other third party activity.

If a party is affected by such circumstances, it must promptly write to the other party. If such circumstances carry on for more than 14 days, either party may terminate these Terms or a Contract immediately by writing to the other party.

  1. Changes to these Terms of Purchase

We may amend these Terms of Purchase at any time. If we amend these Terms of Purchase, we will publish the updated terms on our Website. You do not have any right to receive specific notice of such changes.

Your purchase of our Products after any change(s) to these Terms of Purchase demonstrates that you accept the updated Terms of Purchase.

  1. Specific promotions

From time to time we may run promotions on our Website which are subject to both these Terms of Purchase and any additional promotion-specific Terms which are incorporated into these Terms by reference. Promotion-specific Terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill). These promotion-specific Terms will be presented here.

You should ensure you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion.

We also undertake joint promotions with third party partners from time to time. You should consult the Terms of those programs for full details of such specific joint promotions.

  1. Third Party Sites

We neither own nor control Shopify nor any other third party site, product, or service (including the internet browser or search engine) that might direct you to our Website, or that we may link to from our Website (Third Party Sites). You understand and agree that your use of any Third Party Sites is subject to any terms of use or privacy policy provided by such Third Party Site and we are not a party to any such agreement. You should review any terms of use and privacy policy provided by such Third Party Sites and, if necessary, contact that third party with your concerns or questions. We will not be responsible for the acts or omissions of any Third Party Sites, or for anything that happens as a result of your use of any Third Party Sites.

  1. Liability

Our Products are intended for purchase and use by consumers, and we will not be liable for losses for non-consumers.

We are not responsible for any third party, or any third party websites, purporting to be White Fox or selling counterfeit goods, or any other fraudulent behaviour of third parties.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If, regardless of the previous paragraphs, we are found to be liable, our total liability to you or to any third party in connection with a Contract is limited to the total Price paid in connection with that Contract.

Nothing in these Terms of Purchase or a Contract limits or excludes our liability for:

  • fraud or fraudulent misrepresentation;

  • death or personal injury resulting from our negligence or the negligence of our agents or employees; or

  • any other liability that cannot be limited or excluded by law (including the consumer guarantees under the Australian Consumer Law).

  1. Feedback

You may choose to submit comments, ideas or other feedback (Feedback) about our Products, including without limitation about how to improve our Products by emailing us. We are not required to publish any Feedback, but are free to use Feedback at our discretion and without additional compensation to you and may disclose Feedback to third parties.

Any questions, complaints or claims about our Products can be made by contacting us at info@whitefoxboutique.com.

  1. Discount codes, gift cards and Store Credit

You may use discount codes or gift cards as payment for certain Products on the Website. Discount codes are available electronically or via selected retailers].

Only one discount code or gift card can be used per Order. We may email discount codes and electronic gift cards to you or to your selected recipient. We accept no liability for errors in the email address provided to us.

You are responsible for the use and safety of your discount codes and gift cards - you should treat them like cash. We assume no liability for the loss, theft or illegibility of discount codes or gift cards, including if gift cards used without permission, if your email is hacked or subject to unauthorised used. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of discount codes or gift cards on the Website, we are entitled to close or block access to your Account and/or require a different means of payment.

Conditions for the redemption of discount codes

Conditions for the redemption of discount codes include:

  1. From time to time we may release discount codes that may be used on the Website. Discount codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one discount code can be used per Order, and some discount codes may only be used once per discount code. Discount codes cannot be used in addition to another promotion code.

  2. Certain Products may be excluded from discount code promotions, and unless specifically stated are not applicable to shipping costs.

  3. Discount codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a discount code, no refund or residual credit will be returned to you. If the credit of a discount code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another discount code or attempting to rely on any other offer).

  4. We will apply discount codes on a pro-rata basis to discount code-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a discount code, we will only refund the final price you paid for that item.

  5. We actively monitor misuse of discount codes and reserve the right to block any person that is not using a discount code in accordance with its Terms of Purchase.

Conditions for the redemption of gift cards and store credit

Conditions for the redemption of gift cards include:

  1. You may purchase gift cards for use on the Website by you or other customers. Gift Cards can be redeemed at the checkout or added to your Account. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed on the Website in accordance with the special terms stated on them.

  2. Gift card purchases may be subject to security checks from time to time, resulting in longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program.

  3. Gift cards are valid for 3 years from purchase date. Any unredeemed balance that remains on the gift card after the 3 years will be voided and will not be available for use.

  4. The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the gift card instructions for use.

  5. If you place an Order less than the value of the gift card, the residual credit will be stored to your Account and can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one discount code per Order.

Conditions for using store credit

Conditions for using store credit include:

  1. Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.

  2. If you would like to apply store credits against purchases, enter the amount of store credit you would like to use during the check out process and click “apply”. If the store credit does not cover the purchase price, you will need to pay the outstanding amount.

  3. Store credit is valid for 12 months. Any balance that remains after the 12 months will be invalid and will not be available for use.

  4. Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash.

  1. General

  1. Entire agreement: These Terms of Purchase and the terms of each accepted Order represent the entire agreement between us and replace any terms and conditions of purchase or supply that you have been provided with previously.

 

  1. No partnership or agency: Nothing in these Terms of Purchase or a Contract forms, or will be deemed to form, a partnership between the parties nor make any party the agent of another party.

 

  1. Assignment: We may assign (i.e. pass on to someone else) our rights and/or sub-contract our obligations under these Terms of Purchase or any Contract. You must not assign your rights or obligations under these Terms of Purchase or the Contract.

 

  1. Waiver: Any right or remedy granted to either you or us for breach of these Terms of Purchase or a Contract will be in addition to all other rights and remedies available to either you or us. If either of us fails or delays to exercise any right or remedy, or only exercises a right or remedy in part, this does not mean that we waives such right or remedy in full in the future.

 

  1. Severance: If any provision of these Terms of Purchase or a Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms of Purchase will not be affected. If any provision (or part of any provision) would be illegal, invalid or enforceable unless part of the wording was deleted or worded differently, such provision will apply with such deletion or amendment as may be necessary to make it valid or effective.

 

  1. Notices: Notices under these Terms of Purchase must be in writing and either sent by first class post to the party’s registered office (or other address notified by it) or by email to the email address notified to each party by the other. Notices will be deemed received, if sent by first class post, on the second working day after posting or, if sent by email, at the time of transmission.

 

  1. Third party rights: A person who is not a party to these Terms of Purchase or a Contract does not have any rights to enforce any of the provisions of these Terms of Purchase or a Contract.

 

  1. Governing law and jurisdiction: These Terms of Purchase, each Contract and any dispute or claim arising out of, or in connection with these Terms of Purchase, any Contract or the subject matter or formation (including non-contractual disputes or claims) of the same will be governed by, and interpreted in accordance with, the laws of New South Wales, Australia and the parties agree that that courts of New South Wales, Australia will have exclusive jurisdiction to settle such disputes or claims.