TERMS & CONDITIONS

– Overview
– Order Fulfilment Policy
– Pricing and Payments
– Products and Images
– Disclaimer
– Privacy Policy
– Website Terms of Use

 

1.OVERVIEW
This website is operated by Eighteen Fifty One. Throughout the site, the terms “I”, “me”, “we”, “us” and “our” refer to Eighteen Fifty One.  Eighteen Fifty One 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, 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.

Questions about these Terms of Service should be sent to us at cassie@eighteenfiftyone.com

2.ORDER FULFILMENT POLICY
All Eighteen Fifty One releases are limited edition. Some styles may only be made in a handful of pairs, and usually there are no more than 10 in each lace and colour combination. In the event that two or more customers place an order for the last of a particular lace (and my website oversells the lace) I will allocate the lace to the first order and contact subsequent customers so that they may either select an alternative, or arrange a refund.  In some cases I may be able to source more of the same lace and I will let you know as soon as possible.

2.1. Accuracy of Billing and Account Information

I reserve the right to refuse any order placed with Eighteen Fifty One.  I reserve the right to limit or prohibit orders that, in my sole judgement, appear to be placed by dealers, resellers or distributors.

I may, in my 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, I may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was placed.

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.

3.PRICING AND PAYMENTS
All prices are listed in Australian Dollars and are subject to change without notice.

If you are purchasing in another currency, PayPal will complete the currency conversion and exchange. You will be responsible for any fees incurred during this PayPal process.

3..1 Credit Cards, Debit Cards and Paypal

Eighteen Fifty One uses PayPal to process credit and debit card transactions as it provides a safe and secure method of payment and information exchange. You can use the PayPal website to pay via credit or debit card, even if you do not have a PayPal account.  See the Paypal Safety and Security website for details regarding their Buyer Protection Policies.

3.2. Afterpay

Australian residents can select Afterpay  as their method of payment during checkout.  Afterpay offers you a simple, interest-free payment option, allowing you to pay off your purchase in four equal instalments, due every fortnight. Your fortnightly payments will be taken from your nominated debit or credit card automatically and you will get your items straight away – it’s like a layby but without the waiting!

4.PRODUCTS AND IMAGES
I have made every effort to display as accurately as possible the colours and images of the products that appear in my online store, however; I cannot guarantee that your computer or device monitor’s display of any colour will be accurate.

I reserve the right to limit the total quantities of any products or services that I offer. All descriptions of the products or product pricing are subject to change at anytime, without notice, at the sole discretion of us.  I 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.

5.DISCLAIMER
Caution
Eighteen Fifty One products are designed to be worn as daywear for babies and children. Your child should not be left unsupervised while wearing their bloomers, their belts or their playsuits, as the ribbons may cause entrapment or strangulation if not tied securely. Eighteen Fifty One products should never be worn as sleepwear.

6.PRIVACY POLICY
Your privacy is important to me, and any details you provide are used solely for the purpose of processing and shipping your order. Your information will never be sold nor passed onto a third party, nor do I record any transaction details outside of the scope of what is provided to me by PayPal and Afterpay in my account history.

I use PayPal and Afterpay to process all Eighteen Fifty One transactions as they provides a safe and secure method of payments and information exchange.  See the PayPal Safety and Security website or Afterpay Terms website  for more details regarding how your information and purchases are processed and protected.

6.1. What do we do with your information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

6.2. Email Marketing

With your permission, we may send you emails about our store, new products and other updates. You may opt out of this communication at any time by following the links to unsubscribe, or by contacting me at cassie@eighteenfiftyone.com

6.3. How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place and order, arrange for a delivery, or return a purchase, we imply that you consent to us collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime by contacting us at cassie@eighteenfiftyone.com or mailing us at Eighteen Fifty One, PO BOX 1020, Sunnybank Hills, QLD 4109 Australia

6.4. Disclosure

We may disclose your personal information if we are required by law to do so, or if you violate our Terms of Service.

6.5. Third-Party Services (like PayPal and Afterpay)

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other transaction processors, have their own privacy policies in respect to the information we are required to provide them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either of us.  So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider, or its facilities are located.

As an example, if you are located in Australia and your transaction is processed by a payment gateway in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy, or by our website’s Terms of Service.

6.6. Links

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites, and encourage you to read their privacy statements.

6.7. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using a secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

6.8. Cookies

Our website uses cookies for reasons such as helping to tailor your experience of our site, to store information about the contents of your cart, and to help track relevant website statistics (such as number of visits, referrer, landing page etc.).

6.9. Age of Consent

By using this site, 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.

6.10. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently.  Changes and clarifications will take effect immediately upon their posting here on the website.  If we make material changes to this policy, we will notify you that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners (in accordance with the Privacy Act of 1988) so that we may continue to sell products to you.

6.11. Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simple want more information, please contact cassie@eighteenfiftyone.com  or by mail at Eighteen Fifty One, PO Box 1020, Sunnybank Hills, QLD 4109, Australia.

7.WEBSITE TERMS OF USE
7.1. Online Store Terms
You may not use our products, nor images of our products for any illegal or unauthorised 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.

7.2. General Conditions

Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed 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 or exploit any portion of the Service (including but not limited to all products), without written permission by us.

7.3. 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.

The 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.

7.4. 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 nor 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 engaging in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to Eighteen Fifty One.

7.5. User Comments, Reviews, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries or product reviews), or without request from us you send us creative ideas, suggestions, proposals, plans or other materials, whether online, on social media, 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, libellous, racist, 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 libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Service or any related website.  You may not use a false-email 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.

7.6. Personal Information

Your submission of personal information through the store is governed by the Australian Privacy Act (1988), and our Privacy Policy.

7.7. 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 specific 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.

7.8. Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content for:

(a) 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 sex, gender identity, sexual orientation, religion, ethnicity, race, age, nation 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;
(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.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

7.9. Limitation of Liability

To the fullest extent permitted by law, we exclude all express and implied warranties, conditions and terms, including without limitation:

(a) any warranty relating to the accuracy, reliability or completeness of the website, or any of the content;
(b) any warranty relating to the merchantability or the fitness for any particular purpose of any of the products referred to on the website, or that are supplied by us; or
(c) any warranty that your use of or access to the website will be interrupted or error-free.

To the fullest extent permitted by law, we do not accept any responsibility to any loss, damage, cost, claim or expense howsoever arising (including negligence) from or in connection with

(a) the use or performance of (or any inability to use, or failure of) the website or any linked website;
(b) your use or reliance on the content, or any omission from the content;
(c) any product or services supplied by us, or referred to on the website, and;
(d) our failure to comply with our obligations as set our in these Terms, even if such loss or damage is reasonably foreseeable.

Where liability cannot be excluded, our liability is limited to the repair, replacement or refund of the affected products purchased.

7.10. Termination

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.

7.11. Agreement and Governing Law

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 governs 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.

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 Queensland, Australia.