Legals
Terms & Conditions
Communications
When signing up via any of I.AM.GIA's membership platforms, you consent to I.AM.GIA using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.
GENERAL
All contracts and dealings between I.AM.GIA and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘I.AM.GIA’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by I.AM.GIA to the Customer through the website www.iamgia.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by I.AM.GIA from time to time.
VARIATION
I.AM.GIA has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
ACCESS
Access to the Website is permitted on a temporary basis, and I.AM.GIA reserves the right to withdraw or amend the Services without notice. I.AM.GIA ('IAG') will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, IAG may restrict access to some parts or all of the Website without notice.
INTELLECTUAL PROPERTY
- All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of IAG.
- The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
- The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of IAG. Such consent may be withheld by IAG at its absolute discretion.
- The Customer must not remove any copyright or trademark notices from the content found on the Website.
- IAG makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and IAG with respect to the supply of the Goods in accordance with these Terms.
- All Orders are subject to availability of the Goods and confirmation of the Order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which IAG will not be responsible.
- The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
- In order to contract with IAG the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to IAG.
- IAG reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Customer undertakes that all details that are provided to IAG are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- IAG reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 48 hours, your order will be canceled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be canceled and refunded.
- Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. IAG can refuse any amendment or cancellation of an order at any time.
- The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
- Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- IAG reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- IAG will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
- Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to IAG. The Customer will, however, be able to return Goods in accordance with IAG's returns policy.
- IAG may accept returns within 14 days for from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
- Goods for return must be posted at the Customer’s expense.
- The Customer must include their order confirmation email & completed returns form within their return parcel.
- Any Goods which IAG has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by IAG.
- Due to health reasons, makeup, swimwear, intimates (including selected bodysuits), hair accessories, and jewellery cannot be returned unless deemed faulty or wrongly described as defined under the Australian Consumer Law.
- Upon accepting the goods, IAG will issue the customer with an online credit note or cancellation of the Customer's Afterpay payment plan (if payment method was Afterpay).
- Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note.
- All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
- If the Customer discovers that a Good is faulty or damaged, the Customer must notify IAG within 30 days of purchase by contacting IAG via the process outlined on the Returns page online.
- If IAG inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair (for a minor fault) or a refund, repair or replacement (for a major fault). The Australian Consumer Law Guarantees outline the difference between the two.
- IAG will cover the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
- Customers are liable for any delivery costs if the Good is found not to be faulty.
- Any period or date for delivery of Goods stated by IAG is intended as an estimate only and is not a contractual commitment. IAG will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
- IAG reserves the right to amend delivery methods without notice.
- All deliveries of Goods purchased by the Customer will be made by registered courier (Star Track) and are delivered with authority to leave (‘ATL’) without requiring a signature when no one is in attendance at the delivery address.
- If the Customer believes their nominated delivery address will be unattended at the time of delivery, IAG suggests nominating an address that the Customer knows will be attended during regular business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Star Track) or a card will be left with details as to where the Customer can collect the Goods. At this time the Goods will be deemed delivered (‘Successful Delivery’).
- IAG will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and IAG will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
- IAG will use reasonable endeavours to dispatch all Orders received on the next business day. Estimated delivery time depends on the Customer’s location. Shipping times on the shipping information page are to be taken as an estimate only.
- Delivery of Orders placed on a weekend or public holiday will not be processed until the following 1-2 business days.
- IAG does not deliver Orders to Post Office boxes or Parcel Lockers.
- International deliveries will be made by DHL Express or Registered Post or Pack & Track (via Australia Post).
- Estimated delivery time for international orders varies depending on location.
- In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact IAG.
- International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. IAG has no control over the import fee charged and will not be responsible for the payment of any duties or taxes.
- In accordance with Australian export regulations, customs require IAG to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
- Where taxes and duties are refused to be paid by a Customer or a parcel is left unclaimed and it is subsequently returned to IAG, the Order will be credited (less any shipping costs paid) if a successful delivery is made to IAG and the customer will be blocked from placing any subsequent orders on the IAG website. No refunds will be issued for any parcels returned to IAG where the parcel is unclaimed or duties are not paid.
PRE-ORDER ITEMS
A Pre-Order is the term used when a Good is unavailable for immediate shipment because it is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items are not able to be cancelled once placed.
- The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, IAG makes no warranties or other representations in relation to the supply of Goods. IAG’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify IAG, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
- IAG does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
- Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies IAG against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless IAG retakes possession of the Goods in accordance with clause 9.
- The Website may provide links to websites and access to content from third parties, including users and affiliates of IAG.
- The Customer agrees that IAG is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
- To the fullest extent permitted by law in no way will IAG, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
- The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
- The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
- Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
FORCE MAJEURE
If the performance of IAG's obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of IAG, IAG will not be liable for any loss or damage suffered by the Customer or any other person and IAG will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW & JURISDICTION
These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
- The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
- The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.
Privacy Policy
Our Protection Of Your Privacy
We are committed to protecting the privacy of any information provided by you as our customer and will take all reasonable precautions to protect your personally identifiable information from loss, misuse or unauthorised access.
In dealing with your personal information as a customer, we will fulfil all obligations applicable to us by law.
From time to time it may be necessary for us to revise and update our privacy policy. We reserve the right to change our privacy policy at any time without prior notice by updating this page. We suggest you familiarise yourself regularly with our policies and your rights before placing an order with us to ensure you are aware of our most up to date privacy policy.
Details We Collect From You
There is some information we, and the third party providers we engage, will collect from you when you visit our site or get in touch with us. This includes:
- Your name, email address, contact number, billing and delivery address
- Information about your device and browser
- Demographic information such as your location
- Your IP address
- Pages you visit on our site and products you view
Cookies
We also use browser cookies to recognise you when you return to our site after your first visit. Cookies are small pieces of data that are stored on your computer's browser and are created when you use your browser to visit a website that uses cookies to keep track of your movements within the site. Cookies are helpful for your return visits to a site as they remember your login, preferences, and other personalised functions.
We use cookies to measure website traffic, on-site behaviour for the purposes of marketing and make your on-site experience as relevant to you as possible. You can at any time disable this feature on your browser if you do not want your website activity to be identified as your own, however this may limit your use of some features on our site.
Our Use Of Your Information
We will not sell or distribute your information to third parties unless we have your express consent to do so or are required to by law. The information we collect from you is used for the purposes of:
- Processing, fulfilling and delivering an order to you
- Responding to an enquiry you submit to us via our customer service channels
- Sending you email correspondence via our newsletter (if you have opted into this)
- Business analysis, reporting and market research;
- Improving our products and services.
We partner with third parties to manage our payments, advertising, marketing and email marketing. Some of your personal information is processed by these third parties on our behalf. This means that some of your data is hosted outside of Australia (where we are located) and the European Economic Area. When opting into receiving communication from us or by placing an order with us via any of our platforms, we take this to mean that you have read our privacy policy and all terms, and that you consent to the use and storage of your information as mentioned in this policy.
Further, when you subscribe to our database and provide us with your personal information, you consent to our use of your personal information, such as your name, email address and phone number for marketing purposes. This includes, but is not limited to, sending you correspondence such as newsletters, competitions and promotions via email, SMS, social media and postal mail.
Opting Out
You can opt out of receiving any opt-in communications from us at any time by clicking the 'unsubscribe' link at the bottom of every email we send you from our mailing list (this does not include emails relating to your order or any customer queries you send us via our customer service channels) or SMS 'STOP' to opt-out of our mobile marketing list. You can opt out of any marketing displayed to you via social media platforms such as Facebook or search engines like Google by amending your settings to exclude marketing activity via its channels.
Further, we store your data for as long as your account with us remains active or for as long as we need to provide you services or as required by law.
Contacting Us
Your data protection is extremely important to us and we make all reasonable efforts to protect this. We ensure that internal processes are strictly followed and access to your data is as limited as possible. Our website and your connection to it is also secure.
If you believe any information we have of yours is incorrect or have any queries about our privacy policy or terms of use, please contact us at your earliest convenience via email at customercare@iamgia.com or phone on (03) 8644 6836 between 8am and 4pm AEST (we are based in Melbourne, Australia). For all physical mail, our mailing address is PO Box 566 Richmond Victoria 3121.