Terms & Conditions
1. General Terms
1.1 By accessing and placing an order with Chantmily, you confirm that you are in agreement with and bound by the terms of service contained in these Terms & Conditions. These terms apply to the entire website and any email or other type of communication between you and Chantmily.
1.2 Under no circumstances shall the Chantmily team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the Chantmily team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
1.3 Chantmily will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resources usage policy at any time.
2. License
2.1 Chantmily grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.
2.2 These Terms & Conditions are a contract between you and Chantmily (referred to as "Chantmily", "us", "we" or "our"), the provider of the Chantmily website and the services accessible from it (collectively, the "Chantmily Service").
2.3 You are agreeing to be bound by these Terms & Conditions. If you do not agree, please do not use the Chantmily Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
3. Definitions and Key Terms
To help explain things as clearly as possible, every time any of these terms are referenced, they are strictly defined as:
Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Company: refers to Chantmily, that is responsible for your information under these Terms & Conditions.
Country: where Chantmily or the owners/founders of Chantmily are based, in this case Australia.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Chantmily and use the services.
Goods: any goods displayed on the website and supplied by Chantmily from time to time.
Service: refers to the service provided by Chantmily as described in the relative terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Chantmily's site, which can be accessed via www.chantmily.com
You: a person or entity that is registered with Chantmily to use the Services.
4. Restrictions
You agree not to, and you will not permit others to:
4.1 License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
4.2 Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
4.3 Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Chantmily or its affiliates, partners, suppliers or the licensors of the website.
5. Orders
5.1 When placing an order, you must follow the instructions on the website.
5.2 After you place an order, you will receive an order confirmation email from Chantmily. This email is only an acknowledgement that Chantmily has received your order and does not constitute acceptance of your order. An agreement between you and Chantmily will not be formed until you receive a shipment confirmation email from Chantmily. Chantmily is not obliged to supply the goods to you until it has accepted your order. Chantmily may, in its discretion, refuse to accept an order from you for any reason, including but not limited to:
5.2.1 unavailability of stock;
5.2.2 Chantmily suspects you might on-sell the goods to other consumers;
5.2.3 Chantmily suspects your order is fraudulent, or suspects payment-related fraud;
5.2.4 there has been an error in the imagery, price or product description on the website;
5.2.5 there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion; or
5.2.6 Chantmily does not deliver to your location.
5.3 If Chantmily has cancelled your order before it has been accepted, it will promptly refund any payment already made by you to your original payment method. Refunds may be subject to bank fees, card fees and/or exchange rate costs. Chantmily will not be liable for any such bank fees, card fees or exchange rate costs in relation to the refund.
5.4 Chantmily may refuse to accept or cancel any order or delivery of goods at any time by giving written notice to you. Chantmily shall not be liable for any loss or damage whatsoever arising from such cancellation.
6. Price and Payment
6.1 Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will be shown the price you must pay (including whether such price is inclusive of GST or other taxes), any delivery fees and any other charges. You must pay for the order in full at the time of ordering. Payments are processed securely via Shopify Payments.
6.2 The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. Chantmily is not responsible for the decision of payment providers to allow you to use their service, or provide any warranties or assurances about them. Chantmily will not be liable for any bank fees, card fees or exchange rate costs in relation to the purchase.
6.3 Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing Chantmily with your payment information, you agree that Chantmily is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to Chantmily hereunder and that no additional notice or consent is required. You agree to immediately notify Chantmily of any change in your billing address or payment method used hereunder. Chantmily reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization's administrator(s).
6.4 Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
6.5 You are responsible for any third-party fees that you may incur when using the Service.
7. Ownership of Goods
7.1 Ownership of the goods shall pass to you upon payment in full of the price for the goods and of any other amounts owing by you to Chantmily.
8. Shipping, Returns and Refunds
8.1 Thanks for shopping at Chantmily. As with any shopping experience, there are terms and conditions that apply to transactions at Chantmily. By placing an order or making a purchase at Chantmily, you agree to these Terms along with Chantmily's Privacy Policy.
8.2 For full details on shipping timeframes, delivery fees, and our returns and refund process, please see our 【Shipping & Delivery】 and 【Returns & Exchanges】 pages. Chantmily will uphold all of your rights as a consumer and will provide all remedies required by the Australian Competition and Consumer Commission (ACCC).
9. Your Suggestions
9.1 Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Chantmily with respect to the website shall remain the sole and exclusive property of Chantmily.
9.2 Chantmily shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
10. Your Consent
10.1 By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
11. Links to Other Websites
11.1 These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by Chantmily. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
12. Cookies
12.1 Chantmily uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but they are non-essential to their use. However, without these cookies, certain functionality may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
13. Changes To Our Terms & Conditions
13.1 You acknowledge and agree that Chantmily may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Chantmily's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Chantmily when you stop using the Service. You acknowledge and agree that if Chantmily disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials contained in your account.
13.2 If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
14. Modifications to Our Website
14.1 Chantmily reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
15. Updates to Our Website
15.1 Chantmily may from time to time provide enhancements or improvements to the features/functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
15.2 Updates may modify or delete certain features and/or functionalities of the website. You agree that Chantmily has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
15.3 You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
16. Third-Party Services
16.1 We may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services ("Third-Party Services").
16.2 You acknowledge and agree that Chantmily shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Chantmily does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
16.3 Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
17. Term and Termination
17.1 This Agreement shall remain in effect until terminated by you or Chantmily.
17.2 Chantmily may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
17.3 This Agreement will terminate immediately, without prior notice from Chantmily, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.
17.4 Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.
17.5 Termination of this Agreement will not limit any of Chantmily's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under this Agreement.
18. Copyright Infringement Notice
18.1 If you are a copyright owner or such owner's agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner.
19. Indemnification
19.1 You agree to indemnify and hold Chantmily and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
20. No Warranties
20.1 The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Chantmily, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
20.2 Without limiting the foregoing, neither Chantmily nor any Chantmily provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Chantmily are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
20.3 Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot be lawfully excluded or limited.
21. Limitation of Liability
21.1 To the maximum extent permitted by Australian law, in no event shall Chantmily or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website), even if Chantmily or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
21.2 Without limiting clause 21.1, and to the maximum extent permitted by law, Chantmily's total liability arising out of any claim for loss or damages in connection with an order, however arising, shall not exceed the value of the goods which are the subject of the claim, and Chantmily will not be liable where notice of a claim is not provided within 10 working days of delivery of the goods.
21.3 Chantmily will not be liable where you have altered or modified the goods, misapplied the goods, not followed Chantmily's care instructions, or subjected the goods to unusual or non-recommended use or handling; nor for defects in any goods manufactured or supplied by a third party.
21.4 Nothing in this section limits any consumer guarantee, right or remedy you may have under the Australian Consumer Law. Chantmily does not in any way exclude or limit its liability under the Australian Consumer Law or any equivalent legislation that cannot be lawfully excluded.
22. Force Majeure
22.1 Chantmily will not be liable for any failure to perform or delay in performance of its obligations under these Terms & Conditions caused by a Force Majeure event beyond its reasonable control, including but not limited to: fire, storm, flood, earthquake, explosion, accident, war, civil commotion, sabotage, epidemic, quarantine restrictions, labour disputes, transportation embargoes or delays, national or international shortage of materials, acts of God, or acts of government or any agency.
23. Severability
23.1 If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
23.2 This Agreement, together with the Privacy Policy and any other legal notices published by Chantmily on the Services, shall constitute the entire agreement between you and Chantmily concerning the Services. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Chantmily's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
24. Amendments to this Agreement
24.1 Chantmily reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
24.2 By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Chantmily.
25. Entire Agreement
25.1 This Agreement constitutes the entire agreement between you and Chantmily regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Chantmily.
25.2 You may be subject to additional terms and conditions that apply when you use or purchase other Chantmily services, which Chantmily will provide to you at the time of such use or purchase.
26. Intellectual Property
26.1 The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Chantmily, its licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Chantmily, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
27. Governing Law and Disputes
27.1 These Terms & Conditions are governed by the laws of Victoria, Australia. You and Chantmily agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in respect of any dispute arising out of or in connection with these Terms & Conditions.
27.2 In the event of a dispute, you or Chantmily must give the other a Notice of Dispute, which is a written statement that sets out the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@chantmily.com. You and Chantmily will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.
27.3 Nothing in this section affects your rights under the Australian Consumer Law.
28. Submissions and Privacy
28.1 In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Chantmily without any compensation or credit to you whatsoever. Chantmily and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
29. Promotions
29.1 Chantmily may, from time to time, include contests, promotions, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.
30. Typographical Errors
30.1 In the event a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your payment account in the amount of the charge.
31. Miscellaneous
31.1 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Chantmily. Chantmily will be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. Chantmily operates and controls the Chantmily Service from its offices in Australia. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Chantmily Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Chantmily Privacy Policy) contain the entire understanding between you and Chantmily concerning their subject matter. The section headings used in this Agreement are for convenience only and will not be given any legal import.
32. Disclaimer
32.1 Chantmily is not responsible for any content, code or other imprecision on the website.
32.2 In no event shall Chantmily be liable for any special, direct, indirect, consequential, or incidental damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service, except to the extent such liability cannot be excluded under the Australian Consumer Law. Chantmily reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
32.3 The Chantmily Service and its contents are provided "as is" and "as available" without any warranty or representation of any kind, whether express or implied, except as required by law. Chantmily is a distributor and not a publisher of content supplied by third parties; as such, Chantmily exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Chantmily Service. Price and availability information is subject to change without notice.
