TERMS AND CONDITIONS
TERMS OF SERVICE
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OVERVIEW
This website is operated by Loca Bella . Throughout the site, the terms “we”, “us” and “our” refer to Loca Bella . Loca Bella offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - Returns Policy
Returns
Loca Bella believe that all of the Labels we stock are nothing but divine and are confident that you will also think so. However, we do understand that occasionally you may not be 100% happy with what you have chosen online, so we are happy to offer the following:
We will offer an EXCHANGE on FULL PRICED MERCHANDISE that is returned within 7 days from receipt of purchase and 14 days for international customers, on items that HAVE NOT BEEN WORN, ALTERED OR WASHED and are in the original packaging and have the original tags attached. All postage charges will be deducted. If your purchase exceeds the 7 day return policy and is an authorised return a 5% re-stocking surcharge will be added. All transactions must be completed in full before an exchange is processed.
All full price items paid through Afterpay and or Zippay are eligible for an exchange within 7 days from receipt of purchase but must be of the same value. Loca Bella also reserves the right to offer an exchange if the return does not comply with all of the above. If the return does not meet the above you will be required to pay the extra shipping & handling charges for the item to be returned back to you. If you wish to make an exchange the extra shipping charge will be at your own cost. All Afterpay returns will incur a 6% surcharge and Zippay returns will incur a 5% surcharge.
Sale items (including WAREHOUSE TAB ITEMS / PROMOTIONAL / FLASH SALES & FINAL SALE), gift vouchers, swimwear, accessories, intimates, handbags, hats, jewellery & layby items cannot be exchanged/refunded or credit note given. Flash sales are intermittent throughout the year.
Loca Bella strongly recommend that you return the product via Australia Post WITH a lodged tracking number. You must pre pay all returns postage, you assume any risk of lost, theft or damaged goods during transit and therefore advise you organise shipment registration of insurance with Australia Post. It is advised that items be returned via registered or express post and packaged well. Loca Bella reserves the right to refuse to accept, and to return, parcels that arrive COD or have More to Pay stamped on them.
Online Store credits expire12 months from date of issue and can only be used to purchase in store or call us on +61 417 447 760 for over the phone purchases.
FAULTY ITEMS
If you believe you have received a faulty item & proof of this can be shown please contact Loca Bella immediately for further instructions. Please note it is at the manufacturer’s discretion to deem an item faulty. In relevant cases, you may receive a repair or replacement complimentary. If neither option is possible, then a full refund will be issued. PLEASE NOTE: Shipping and handling charges are non-refundable and items that have been damaged from wear and tear are not considered to be faulty.
Camilla garments are enriched with hand made embellishments, beads, sequins & crystals. These are applied by hand and differences between garments are unavoidable and some embellishments may come off the garment. This is not deemed faulty.
These products have been individually printed. Irregularities and gentle shading impart the product with a distinctive individuality and enhance its value as a textile art form. They are not considered defects. Due to the fine fabrics, please take care when wearing jewellery as they may snag. Have fun when wearing your garment as it has been made with lots of love!
How Do I Make an Exchange
Send an email immediately to hello@locabella.com.au to notify us of your intent to exchange and please keep in mind the 7 day exchange policy or 14 days for international customers. Include your contact details as well as information regarding the item you are exchanging such as the brand name, size, colour and date of purchase. Also please advise whether you wish to exchange the item immediately or receive a store credit. You will be issued with a Return Authorisation Number (RA#) to write on a copy of the invoice being returned with goods.
It is the customer’s responsibility to ensure the goods are returned on time and sent using a viable postal or courier option with a tracking service, at their expense. Loca Bella reserve the right to refuse any return that is received without prior authorisation from us, or does not arrive within the acceptable return period. In the event that we receive an unauthorised returned item, return shipping and handling costs will be passed on to the customer.
Where Do I Send My Return?
Please send the item with its original tags attached and a copy of your invoice to:
LOCA BELLA
125 Grange Road
BEVERLEY SA 5009
Please include your full name, shipping address, RA number and contact number. Notify us by e-mail (hello@locabella.com.au) or phone (0417 447 740) once you have sent the item and provide us with the registered or express post tracking number.
POST / DELIVERY TIMES
Loca Bella use Australia Post Standard and Express Bags with tracking number.
Please ensure that the shipping address is correct as we are unable to redirect orders once they are on their way to you.
Our delivery time starts from the moment an order is accepted and includes up to a 24 hour period where your order will be processed and dispatched. Please note it can take longer during our sale periods (and postage charges may apply), long weekends, Easter and/or Christmas times where it may take up to 72 hours dependent on public holidays and how busy we are.
Once orders are dispatched, it may take up to 4 days to arrive for all Australian Orders. These times will depend on if you are located within an Australia Post next day delivery area. Please be advised that once your parcel has physically been given to Australia Post, they are beyond our control and Loca Bella are unable to take any responsibility from this point onwards. Your parcel will be able to be traced through the Australia Post website.
For International Orders it can take up to 14 days depending on your location.
You will receive an email once your order is dispatched with tracking information. Please be advised that Loca Bella uses Australia Post for our domestic and international shipping routes.
The above delivery date information or time specified by us is a best estimate only and Loca Bella will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. All orders are subject to availability.
If you require insurance for your parcel please feel free to contact us at hello@locabella.com.au for a quote. Insurance on all parcels sent is the responsibility of the buyer.
Australia Shipping Rates Express post are $15.00 per order under 299.00
Australia Shipping Rates Express post are $17.00 per order with signature We offer FREE Express Shipping within Australia for all orders over $300 with the exception on allWAREHOUSE AND FINAL SALE purchases, which attract a flat Express Post charge of $15.00 per order. If Express Post is not selected on WAREHOUSE AND FINAL SALE items, your parcel will be shipped once the postage has been paid.
Footwear and Yoga Mats sent in their box will be sent by Express Post $25.00
International Shipping Rates are as per each individual order and are chosen by the customer at checkout
Taxes and duties
Loca Bella unfortunately cannot be held responsible for any possible duties and taxes which may be applied by customs in the country where delivery is placed. The responsibility for any custom duties, foreign taxes or other fees, which may be, imposed rest with the customer.
Please contact your local customs office for more information regarding taxes and duties payable in your region.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site 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 site 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.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color 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 anytime 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.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Loca Bella , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Loca Bella and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 125 GRANGE ROAD BEVERLEY SA 5009
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@locabella.com.au.
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