WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to classysy.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been 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’).

(b) The Website is operated by Classysy Access to and use of the Website, or any of its associated Products or Services, is provided by Classysy. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this 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 Services, immediately.

(c) Classysy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Classysy 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.

2. Acceptance of the Terms

(a) You accept the 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 Classysy in the user interface.

3. Registration to use the Purchase Services

(a) You can shop at Classysy without creating an account. However, register with us and you will be able to enjoy the following benefits:

  • Track your orders and review past purchases
  • Request a return or exchange directly from your account
  • Add sold out items and products you love to your Wish List
  • Save your address and card details so you can shop even quicker next time

(b) As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Name
(ii) Email address
(iii) Telephone number
(iv) Password

(b) You warrant that any information you give to Classysy while completing the registration process will always be accurate, correct and up to date.

(c) 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.

(d) You may not use the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Classysy; or
(ii) 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.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase

Services only for purposes that are permitted by:

(i) the Terms.
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(iii) you 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.
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Classysy of any unauthorised use of your password or email address or any breach of security of which you have become aware.
(v) access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of Classysy providing the Purchase Services.
(vi) 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.
(vii) 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 Classysy for any illegal or unauthorised use of the Website.
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

(b) Payment of the Purchase Price may be made through credit card (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Classysy, you will be issued with a receipt to confirm that the payment has been received and Classysy may record your purchase details for future use.

(d) Classysy may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Returns Policy

(a) Please see our Returns Policy for information on returns, exchanges and our Free Returns service.

(b) If for any reason you are not fully satisfied, you can return any purchases within 14 days after receiving your order. You have up to 14 days to return an item, however you must request your RMA (Return Merchandise Authorization) number within 7 days from the date of the delivery order. If the period of 14 days has lapsed since the delivery, we cannot, unfortunately, offer you a refund / store credit.

(c) You may return an item for:

  • Full Refund back to your original payment method*
  • 100% store-credit*

*in the amount of your paid price – excluding delivery costs

(d) To be eligible for a return:

  • Item(s) must be initiated for return and placed in the post within 14 days after receiving your order.
  • Item(s) must be in the original packaging which must be in original condition. This includes branded dust bags, shoe boxes and jewellery packaging.
  • Item(s) must be unworn and unused with the original tags still attached. Items sealed for hygiene reasons can only be returned if the seal is intact.

(e) To ensure the above criteria has been met, all returns will be inspected. If the product does not meet the listed criteria, we reserve the right not to issue a refund / online store credit. Returns do take us 7-10 business days to process upon reaching our facility. Once your return is processed and your refund / online store credit is issued, you will receive a confirmation email. Refunds can take several business days to reflect on your credit card account. This varies depending on your financial institution. If you choose an online store credit, you will get 100% online credit (in the amount of your paid price – excluding delivery costs). Please note, online store credits are applied to the account registered with the same email address used to place your order. Online store credits are valid for 12 months.

(f) Exchange

If you would like to exchange one item for another, you must first return the original item and then place a new order. When you return a product, Classysy provides a refund in the form of online store credit which is automatically uploaded to your profile (excluding delivery costs). The credit will be issued within a maximum of 7-10 business days from receipt of the return and will be valid for 1 year. The credit is automatically deducted when a new order is placed.

7. Delivery

(a) You acknowledge that the Purchase Services offered by Classysy integrate delivery (the ‘ Delivery Services’) through the use of third-party delivery companies (the ‘ Delivery Service Providers’).

(b) In providing the Purchase Services, Classysy 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 Classysy 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.

(c) In the event that an item is lost or damaged during the Delivery Services, Classysy asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(ii) contact us by sending an email to contact@classysy.com.au outlining in what way the Products were damaged in transit, so we can determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all the related products of Classysy 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 Classysy or its contributors.

(b) Classysy 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:

(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Classysy; or

(b) the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

(c) 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).

(d) You may not, without the prior written permission of Classysy 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 content 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.

9. Privacy

(a) Classysy takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Classysy‘s Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) You acknowledge that Classysy does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Classysy 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.

(c) 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.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
(ii) Classysy 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.

(e) Use of the Website, the Purchase Services, and any of the products of Classysy (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Classysy, 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 Classysy 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 Classysy) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:

(i) 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.
(ii) 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).
(iii) costs incurred because of you using the Website, the Purchase Services or any of the Products.
(iv) the Content or operation in respect to links which are provided for the User’s convenience.
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

(a) Classysy‘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 Price, then the total liability of Classysy is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Classysy, 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.

(c) Classysy 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 Classysy, by third parties or by any of the Purchase Services offered by Classysy.

(d) You acknowledge that Classysy does not provide the Delivery Services to you and you agree that Classysy 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.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Classysy as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Classysy at any time; and
(ii) closing your accounts for all the Purchase Services which you use, where Classysy has made this option available to you.

(c) Your notice should be sent, in writing, to Classysy via the ‘Contact Us’ link on our homepage.

(d) Classysy may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision.
(ii) Classysy is required to do so by law.
(iii) the partner with whom Classysy offered the Purchase Services to you has terminated its relationship with Classysy or ceased to offer the Purchase Services to you.
(iv) Classysy 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
(v) the provision of the Purchase Services to you by Classysy is, in the opinion of Classysy, no longer commercially viable.

(e) Subject to local applicable laws, Classysy 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 Classysy‘s name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all the legal rights, obligations, and liabilities that you and Classysy 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.

13. Indemnity

(a) You agree to indemnify Classysy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) 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.
(ii) 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
(iii) any breach of the Terms.

14. Governing Law

(a) The Terms are governed by the laws of New South Wales, 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 New South Wales 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.

(b) We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

15. Independent Legal Advice

(a) 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.

16. Severance

(a) 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.

17. Contacting us

If you have any questions about this Policy, please contact us contact@classysy.com.au

This policy was updated in January 2021.