Terms and conditions
These Terms and Conditions ("Terms") apply to every offer, distance agreement, and order placed with Olivienne-Melbourne ("Trader", "we", "our" or "us") by a consumer located in Australia. They have been adapted to comply with the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). By using our website or purchasing goods from us you acknowledge and agree to be bound by these Terms.
Article 1 – Definitions
Cooling‑off Period: the period during which the Consumer may exercise the Right of Withdrawal.
Consumer: a natural person who purchases goods or services wholly or predominantly for personal, domestic, or household use or consumption and who is not engaged in a commercial enterprise.
Day: calendar day.
Ongoing Contract: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable Medium: any device that enables the Consumer or Trader to store information addressed personally to them in a way that allows future reference for a period adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the ability of the Consumer to terminate the distance contract within the Cooling‑off Period.
Trader: the natural or legal person who offers products and/or services to Consumers at a distance.
Distance Contract: an agreement concluded between the Trader and the Consumer under an organised distance sales system without the simultaneous physical presence of the Trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
Means of Distance Communication: a tool that can be used to conclude a contract without the Consumer and Trader being together in the same place (e.g. website, telephone, email).
General Terms and Conditions: the present General Terms and Conditions of the Trader.
Article 2 – Identity of the Trader
Store Name: Olivienne-Melbourne
Company ID: 78168912
Address: Vogt 21, 6422 RK Heerlen, Netherlands (not a return address)
Phone: +31 6 19477390
Email: info@olivienne-melbourne.com
Article 3 – Applicability
3.1 These Terms apply to every offer made by the Trader and to every distance contract and order between the Trader and the Consumer.
3.2 Before the distance contract is concluded, the text of these Terms will be made available to the Consumer electronically in such a way that it can be stored by the Consumer on a Durable Medium. If this is not reasonably possible, we will indicate before the distance contract is concluded where the Terms can be inspected electronically and that they will be sent free of charge at the Consumer’s request.
3.3 In the event that specific product or service conditions apply in addition to these Terms, the Consumer may always rely on the provision that is most favourable to them in the event of inconsistent provisions.
3.4 If any provision of these Terms is void, unenforceable, or invalid under applicable law, the remaining provisions shall nonetheless continue in full force and effect, and the invalid provision shall be replaced by a valid provision that reflects, as closely as possible, the intent of the original.
Article 4 – The Offer
4.1 If an offer is subject to a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
4.2 The offer is non‑binding. The Trader is entitled to change and adjust the offer.
4.3 The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment by the Consumer. Apparent errors or mistakes in the offer are not binding.
4.4 All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. Product colours may differ from real‑life colours depending on screen settings.
4.5 Each offer contains information that makes it clear to the Consumer what rights and obligations are attached to accepting the offer, such as:
• the price including GST (unless otherwise stated);
• any delivery costs;
• the manner in which the contract will be concluded and which actions are required;
• whether the Right of Withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the period for accepting the offer or the period during which the Trader guarantees the price;
• the amount of the fee for distance communication if such costs differ from the basic rate; and
• whether the contract will be archived after conclusion and, if so, how it can be consulted by the Consumer.
Article 5 – The Agreement
5.1 The contract is concluded, subject to the provisions of clause 5.4, at the moment the Consumer accepts the offer and meets the corresponding conditions.
5.2 If the Consumer has accepted the offer electronically, the Trader will promptly confirm receipt of the acceptance electronically. Until the receipt of this acceptance has been confirmed, the Consumer may dissolve the contract.
5.3 If the contract is concluded electronically, the Trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay electronically, the Trader will observe appropriate security measures.
5.4 The Trader may, within legal frameworks, research whether the Consumer can meet their payment obligations as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this research, the Trader has good grounds not to conclude the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions.
5.5 The Trader will provide the following information to the Consumer, in writing or in such a way that the Consumer can store it on a Durable Medium:
• the physical address of the Trader's establishment where the Consumer can lodge complaints;
• the conditions and manner in which the Consumer may exercise the Right of Withdrawal or a clear statement concerning the exclusion thereof;
• information about after‑sales service and warranties; and
• the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
Article 6 – Right of Withdrawal
6.1 When purchasing products, the Consumer has a Cooling‑off Period of 14 Days in which to dissolve the contract without giving reasons, starting on the day after the Consumer, or a third party designated by the Consumer (other than the carrier), has received the product.
6.2 During the Cooling‑off Period the Consumer shall handle the product and packaging with care. The Consumer shall only unpack or use the product to the extent necessary to determine the nature and characteristics of the goods. If the Consumer exercises the Right of Withdrawal, the Consumer shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with our reasonable and clear instructions.
6.3 To exercise the Right of Withdrawal the Consumer must notify the Trader within the Cooling‑off Period via a written statement or email. After such notification, the Consumer must return the product within 14 Days. The burden of proof for timely return of the goods lies with the Consumer.
6.4 If the Consumer has not notified the wish to exercise the Right of Withdrawal or has not returned the product within the deadlines mentioned in clauses 6.2 and 6.3, the purchase is final.
Article 7 – Costs in Case of Withdrawal
7.1 If the Consumer exercises the Right of Withdrawal, the direct costs of returning the goods are borne by the Consumer.
7.2 If the Consumer has paid an amount, the Trader will refund this amount as soon as possible but no later than 14 Days after withdrawal, provided the goods have been received in return or the Consumer has supplied evidence of return shipment.
Article 8 – Exclusion of Withdrawal Right
The Trader may exclude the Consumer’s Right of Withdrawal for the products or services listed below, provided the Trader clearly states this exclusion before concluding the agreement.
Products:
• that are made to the Consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that are liable to deteriorate or expire rapidly;
• whose price is dependent on fluctuations in the financial market outside the Trader’s control;
• individual newspapers or magazines;
• audio/video recordings or computer software if the seal has been broken; and
• hygienic products where the seal has been broken.
Services:
• relating to accommodation, transport, restaurant or leisure activities to be carried out on a specific date or during a specific period;
• that have begun with the Consumer’s explicit consent before the end of the Cooling‑off Period;
• relating to betting and lotteries.
Article 9 – Price
9.1 During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in GST or other statutory charges.
9.2 Contrary to the previous clause, the Trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Trader’s control at variable prices. The offer will state the possibility of such fluctuations and the fact that indicated prices are target prices.
9.3 Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
9.4 All prices are subject to printing and typographical errors. The Trader is not liable for the consequences of printing and typographical errors.
9.5 Goods may be shipped directly from outside Australia. Customs duties, import GST, and clearance fees in the destination country (i.e. Australia) are payable by the Consumer.
Article 10 – Conformity and Warranty
10.1 The Trader warrants that the products and/or services comply with the contract, the specifications listed in the offer, and reasonable requirements of usability and/or reliability.
10.2 The statutory rights under the Australian Consumer Law (Consumer Guarantees) apply in addition to any manufacturer’s warranty. Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee, condition or warranty implied or imposed by statute which cannot lawfully be excluded or limited.
10.3 Defects must be reported to the Trader in writing within 30 Days of delivery. Products must be returned in their original packaging and in new condition.
10.4 The warranty does not apply if:
• the Consumer has repaired or altered the products or had them repaired or altered by third parties;
• the products have been exposed to abnormal conditions or otherwise handled improperly; or
• the defect arose wholly or partly because the government set or will set requirements for the nature or quality of the materials used.
Article 11 – Delivery and Execution
11.1 The Trader will exercise the greatest possible care when receiving and executing product orders.
11.2 Accepted orders will be executed promptly but at the latest within 14 Days, unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be executed, the Consumer will be notified within 14 Days after placing the order. In that case, the Consumer has the right to dissolve the contract without cost and is entitled to any compensation.
11.3 In the event of dissolution in accordance with the previous clause, the Trader will refund the amount paid by the Consumer as soon as possible but no later than 14 Days.
11.4 If delivery of an ordered product turns out to be impossible, the Trader will endeavour to provide a replacement article. The Consumer will be informed clearly and comprehensibly that a replacement article is being delivered. For replacement articles, the Right of Withdrawal cannot be excluded.
11.5 The risk of damage or loss of products rests with the Trader until delivery to the Consumer or a representative designated in advance and made known to the Trader.
11.6 Goods are shipped directly from a non‑Australian warehouse by our supplier. Delays, customs clearance fees, import duties and import GST payable upon arrival in Australia are entirely at the Consumer’s expense and risk.
Article 12 – Ongoing Contracts: Duration, Termination and Extension
Termination
12.1 The Consumer may terminate an indefinite contract aimed at the regular supply of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
12.2 The Consumer may terminate a fixed‑term contract aimed at the regular supply of products or services at the end of the specified term, with a notice period of no more than one month.
12.3 The Consumer may:
• terminate at any time and not be limited to termination at a specific time or in a specific period;
• terminate in the same way as the contract was concluded; and
• always terminate with the same notice period as the Trader has stipulated for itself.
Extension
12.4 A fixed‑term contract aimed at the regular supply of products or services may not be automatically extended or renewed for a fixed period.
12.5 Notwithstanding the previous clause, a fixed‑term contract for the regular supply of daily or weekly newspapers or magazines may be tacitly extended for a maximum period of three months, provided the Consumer may terminate the extended contract at the end of the extension with a notice period of no more than one month.
12.6 A fixed‑term contract aimed at the regular supply of products or services may be automatically extended for an indefinite period only if the Consumer may terminate at any time with a notice period of no more than one month.
Duration
12.7 If a contract lasts more than one year, the Consumer may terminate the contract after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
13.1 Unless otherwise agreed, amounts owed by the Consumer must be paid within seven Days after the start of the Cooling‑off Period. In the case of a service contract, this period starts after the Consumer has received the confirmation of the contract.
13.2 The Consumer has the obligation to inform the Trader immediately of inaccuracies in provided or stated payment details.
13.3 In the event of non‑payment, the Trader has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the Consumer.
Article 14 – Complaints Procedure
14.1 Complaints about the execution of the contract must be submitted fully and clearly to the Trader within 30 Days after the Consumer has discovered the defects.
14.2 Complaints submitted to the Trader will be answered within 14 Days of receipt. If a complaint requires a foreseeable longer processing time, the Trader will respond within 14 Days with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed answer.
14.3 If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure set out in Article 15.
14.4 A complaint does not suspend the Trader's obligations unless the Trader indicates otherwise in writing.
14.5 If a complaint is justified, the Trader will, at its discretion, repair or replace the delivered products free of charge.
Article 15 – Disputes
15.1 Contracts between the Trader and the Consumer to which these Terms relate are exclusively governed by Australian law.
15.2 Any dispute arising out of or in connection with these Terms or the contract shall be submitted to the non‑exclusive jurisdiction of the courts of the State or Territory in which the Consumer resides, or otherwise the courts of New South Wales.
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Contact Information
Customer Service: Monday - Friday: 09:00 AM to 05:00 PM (AEST)
Email: info@olivienne-melbourne.com
Phone: +31 6 19477390
Address: Vogt 21, 6422 RK Heerlen, Netherlands (not a return address)
Store Name: Olivienne-Melbourne
Company ID: 78168912
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