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Terms of Use

Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE www.poplinpanache.com.au. YOUR USE OF OUR WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS OF USE OF IROTI HOLDINGS PTY LTD TRADING AS POPLIN & PANACHE (hereafter referred to as POPLIN & PANACHE), WHICH IS THE ENTITY THAT SELLS ALL ITEMS THROUGH THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Product Descriptions & Details

Poplin & Panache has tried to ensure that the descriptions and specifications on our website are complete, accurate and correct. However, on occasion it may be possible that the descriptions and specifications on our website are incomplete, inaccurate and/or incorrect. We make no representation as to the completeness, accuracy or recentness of any information on our website.

All features, content, specifications, products and prices of products and services described or depicted on our website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.

However, whilst every care is taken to ensure the colour reproduction is a reliable representation, the colours which are shown for the products on our website will depend on many factors – including your display settings and the type of computer you are using and we cannot guarantee that your computer will accurately display the colours correctly.

Pricing and Order Fulfillment

Poplin & Panache tries to ensure that our pricing on the website is correct. If the content on the website contains incorrect information, or a product is listed at an incorrect price because of a typographical error or technology problem, Poplin & Panache shall have the right (and will always have the right):

  • to refuse or cancel any orders placed for products listed at the incorrect price; and
  • to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged.

We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to you.

Order Confirmation

When placing your order, the order confirmation email you may receive is merely an acknowledgement of your order and not of fulfillment.

Item Availability

The inclusion of any products or services on our website at a particular time does not imply or warrant that these products or services will be available at any time. All products are subject to availability and we may not be able to supply your order.

Other Items

We will often display more than one item in the product imagery. However, these are for display purposes only and, unless explicitly stated, are sold separately.

Responsibility for Customs and Import Duties and Clearance Fees

For orders placed outside of Australia, you are responsible for any customs duties, import duties and clearance fees in your own country. We recommend that you check whether Duties and clearance fees apply to the products you purchase from Poplin & Panache. For completeness, we note that it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased from our website.

Shipping Limitations

When you place and order with Poplin & Panache, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on our website. All purchases from our website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from our website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Rights in Materials

Our website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from our website (Materials) are either the property of, or used with permission by, Poplin & Panache and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on our website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Nothing contained on our website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks

Except as otherwise expressly stated on our website, all trademarks, trade names, trade dress, service marks and logos used or displayed on our website are registered and unregistered trademarks, trade names, trade dress, service marks and logos of Poplin & Panache, and Poplin & Panache is a licensed user of all intellectual property. Nothing contained on our website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property without the written permission of the directors of Poplin & Panache.

Linking to our Website

Creating or maintaining any link from another website to any page on our website without Poplin & Panache’s prior written permission is prohibited. Running or displaying our website or any material displayed on our website in frames or through similar means on another website without Poplin & Panache's prior written permission is prohibited. Any permitted links to our website must comply will all applicable laws, rule and regulations.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot or routine that can collect unauthorized information or interfere with or disrupt the operations of the Website, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Poplin & Panache or its associates may have at law or in equity, if Poplin & Panache or its associates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, Poplin & Panache may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from our website of the related materials. Poplin & Panache, its associates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Poplin & Panache, its associates or its service providers to disclose the identity of anyone posting such materials.

User Information

Other than personal information, which is subject to the terms of the our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to our website in any manner (User Communications) is and will be considered non-confidential and non-proprietary. Poplin & Panache, its associates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Poplin & Panache may, but is not obligated to, monitor or review any User Communications. Poplin & Panache shall have no obligations to use, return, review, or respond to any User Communications. Poplin & Panache will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Poplin & Panache retains the right to remove any or all User Communications that includes any material Poplin & Panache deems inappropriate or unacceptable.

Disclaimer

YOUR USE OF OUR WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH OUR WEBSITE ARE PROVIDED ,AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER POPLIN & PANACHE NOR ANY OF ITS ASSOCIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH OUR WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH OUR WEBSITE MAY BE OUT OF DATE, AND NEITHER POPLIN & PANACHE NOR ANY OF ITS ASSOCIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability

Poplin & Panache, its associates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing our website or your downloading of any materials, from our website. IN NO EVENT WILL POPLIN & PANACHE, ITS ASSOCIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, ASSOCIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF OUR WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR WEBSITE, ANY WEBSITES LINKED TO OUR WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH OUR WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEBSITE.

Indemnification

You agree to indemnify and hold harmless Poplin & Panache, its associates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, associates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of our website from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of our website, or the services provided in relation to our website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing our website or your downloading of any materials, from our website.

Revisions to these Terms of Use

Poplin & Panache may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are legally binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of our website. In the event of any conflict between these Terms of Use and any legal notices or terms located elsewhere on our website, these Terms of Use will override those other notices.

Termination

You or we may suspend or terminate your account or your use of our website at any time for any reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of our website at any time without notice.