Welcome to CostumeBox
These terms apply when you use this website, being www.costumebox.com.au and any other websites we operate with the same domain name and a different extension (“Website”).
This Website is owned and operated by CostumeBox.com.au (ABN 70 098 155 518).
In these terms, we refer to Costumebox.com.au Pty Ltd (ABN 70 098 155 518) as “the Company”, “our”, “we, or “us”.
These terms also apply when you purchase products through this Website (“Products”).
If you use the Website on behalf of a company or organisation, you acknowledge and agree that you have the necessary authority from that company or organisation to do so. If you use the Website not as an individual but on behalf of your company, your employer or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these terms.
If you do not agree to these terms, please immediately stop using the Website.
These terms were last updated in June 2021.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you buy Products (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please contact us if you have any questions about these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. Your continued use of the Website following such an update will represent an agreement by you to be bound by the amended terms. You can check the date provided in the Introduction to see when we last updated these terms.
Part A: For When You Buy Products...
1. SUBMITTING AN ORDER
(a) By submitting an order for the purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the payment method you provide with your Order (including debit or credit card, ApplePay, GooglePay, PayPal, AfterPay and Zip).
(b)Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c)Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.
2. ACCOUNTS AND GUESTS
(a) To submit an Order, you may elect to sign-up, register and receive an account through the Website (an Account). If you do not elect to register an Account, you will be required to submit an Order via a “guest” checkout process.
(b) As part of the Account registration process, or when submitting an Order as a “guest”, you may be required to provide personal information and details, such as your email address, first and last name, contact phone number, billing address, delivery address and payment information. To register an Account you may also be required to provide a preferred username, a secure password and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) You warrant that any information you give to us in the course of submitting an Order as a “guest” will be accurate, honest, correct and up to date.
(e) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of Account information and your password; and
(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
(g) You agree to immediately notify us if you detect any unusual activity on your Account, any unauthorised use of your Account or any other potential breach of the security of your Account.
(h) We are not responsible to you for, and exclude any liability for damages or loss arising from or in connection with, a failure by you to maintain the security of your Account information or password.
(i) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by the Company or with the Company’s third party suppliers (as applicable). Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
(c) (Product Recalls) In the event that the Company or any government or regulatory body determines that an event, incident or circumstances has occurred which may result in the need for a recall or other removal of any product from the market, and this relates to a Product ordered by you, the Company will contact you and provide instructions on what to do next. You agree to provide reasonable assistance and co-operate with any reasonable instructions of the Company. We will cover the costs and expenses incurred by you due to a final determination to recall or remove any Product.
(d) (Promotions) We may offer promotional codes, promotional points or other discounts for use on our Website for discounted prices on the Products. Such promotional codes, points or discounts are only valid and redeemable through our checkout in accordance with the process set out on the Website, social media accounts or otherwise communicated by us to you in writing. We may change the terms of our promotional codes, points or discounts from time to time, and we will use our best endeavours to communicate these changes to you.
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed by us, you must pay for all Products at the time of placing an Order.
(c) (GST inclusive) Unless otherwise indicated, amounts stated on the Website include GST.
(d) (Company supply) In relation to any GST payable for a taxable supply by the Company, you must pay the GST subject to the Company providing a tax invoice (which for the avoidance of doubt may be issued electronically).
(e) (Card surcharges) We may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(f) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, including ApplePay, GooglePay, PayPal, AfterPay and Zip. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider, including in relation to interest on late payments, and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(g) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
(h) (Other currencies) If you pay using a currency other than Australian Dollars, you may be charged a foreign transaction fee as well as taxes applicable to your jurisdiction.
5. DELIVERY AND SHIPPING
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by the Company; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(c) (Change of Address) The Company will not be responsible for any incorrect address details entered on your Order. We recommend that you contact the Company immediately should you become aware that the details you have entered on your Order are incorrect. We will use our best endeavours to update any incorrect details entered, however we make no guarantee that we will be able to do so prior to the processing of your Order.
(d) (Multiple Items) In the event that multiple items are ordered, the Company may make part deliveries in circumstances where stock is not available.
(e) (Consent to Provide Contact Details) The Company utilises third party couriers to deliver your Order to you. These third party couriers may provide SMS or email notifications to you to update you on the progress of your Order. By placing an Order, you consent to the provision of your contact details to third party couriers for the purpose of them providing services to you in relation to your Order.
(f) (Delivery Failures) If you are not available to take delivery of your Order or do not provide authority to leave your Order at the delivery location, or other issues arise, your Order may be taken to a delivery service provider’s local depot or the Order may be redelivered to your delivery address at a later date. Where your Order is not delivered to the delivery location or collected within the timeframe specified, your Order may be returned to us and, in that case, you must contact us to arrange for re-delivery at your cost.
(g) (Other Delivery Issues) Third party courier terms apply to the delivery of Orders to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(h) (International Orders) The Company reserves the right to refuse international Orders. Approved international Orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. We will not be liable for any costs you may incur in having your Order released from customs, including reimbursing you for any customs or import duties you may pay. For further information, please contact your local customs office.
6. CHANGES TO YOUR ORDER
6.1 CANCELLATION OR CHANGE TO YOUR ORDER BY US
(a) We reserve the right to cancel your Order in its entirety, or to supply less than the quantity of Products you have ordered, for any reason and will notify you of this as soon as possible.
(b) Where payment has already been debited for your Order:
(i) if we have cancelled the Order entirely, the full amount will be credited back to you; or
(ii) if we supply less than the quantity of Products ordered, we will credit you with the amount charged for Products for which we are no longer supplying.
In either circumstance, the amount will be credited back to you using the payment method originally provided when you placed your Order.
6.2 CANCELLATION BY YOU
You may cancel your Order up until the time that we confirm your Order has been processed. Once we confirm your Order has been processed, your Order is binding and cannot be changed by you. If your Order has been processed, we reserve the right to refuse any cancellations to your Order or to charge a cancellation fee should we be able to recall your Order. Our refunds and exchanges process in clause 6.3 may apply.
6.3 RETURNS AND EXCHANGES
(a) (Change of mind returns)
(i) We offer change of mind returns for Products (including sale items unless stated otherwise) provided the Products are not special orders, mascots, or items which are excluded for hygiene reasons under our Return Policy.
(ii) For change of mind returns, Products must be returned to the Company:
(A) within 100 days of purchase;
(B) unworn and unused with the original tags still attached; and
(C) in the original packaging which must be in its original condition.
(iii) We will not accept any change of mind returns unless the conditions in clause 6.3(a)(ii) are satisfied.
(iv) We will provide either a full refund of the price paid for a Product, or 110% of the price paid for the Product as store credit, if we determine that:
(A) the Product has been returned in accordance with the requirements in clause 6.3(a) and our Return Policy;
(B) a Product you have ordered was not received by you solely due to failure by us;
(C) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(D) a Product is faulty, in accordance with clause 6.3(b)).
(b) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us within 5 days of receiving the Product, using the details provided on our Website, with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we may request that you send the Product back to us for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty. We will cover the cost of any returns from customers located in Australia. Customers located in Australia should view our Return Policy to receive a free return shipping label. Clause 6(c) applies to customers located outside of Australia.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost (unless otherwise agreed by us).
(iv) If we determine that the Product is faulty, you can elect to have the amount you have paid for the Product to be refunded back to you. You will be credited the full amount paid (including shipping costs). Alternatively, you may also request an exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise, and we approve this request.
(v) If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vi) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(c) (International returns)
(i) Our free return policy only applies to customers located in Australia.
(ii) For international customers, please ship the Product back to us from your local post office or courier depot using a trackable service.
(iii) Please contact our Customer Service Team if you wish to book an international return.
(d) For further information on returns or exchanges, please view our Return Policy here.
7. INTELLECTUAL PROPERTY
(a) The Company retains all intellectual property rights in the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
8. THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) All warranties offered on Products provided by third party suppliers, are offered by those third party suppliers alone and not by the Company.
(c) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
Part B. For When You Browse This Website...
9. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your officers, employees, contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
10. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
11. INFORMATION ON THE WEBSITE
(a) While we endeavour to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
12. INTELLECTUAL PROPERTY
(a) The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you. All software used on the website is owned by the Company or a third party provider.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
13. THIRD PARTY CONTENT AND LINKS
(a) The Website may contain content provided by third parties (Third Party Content).
(b) We are not responsible for any Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
(c) By using the Website or any other third party good or service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(d) The Website may contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
14. THIRD PARTY PLATFORM
(a) This Website may be hosted by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Whilst we use our best endeavours to maintain the security of the Website, we do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, your personal data being stolen, malicious computer code or other forms of interference or cyber-attacks.
Where we use social media pages or groups run by us, such pages will only be used to advertise our Products and services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.
18. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.