Store Policy

Terms of Use

By accessing, using or browsing on this website, or by continuing to do so, you expressly accept and agree to be bound by these Terms.  In accepting these Terms, you agree that these Terms and our Privacy Policy will apply whenever you access or use this website.

L'ETE FEMME ABN 75 204 726 759 (“we”, “us” or “our”) may amend these Terms from time to time.  Your use of the website after we make amendments to these Terms will oblige you to comply with these Terms as amended.  However, we will not change any terms and conditions for an existing order for Goods that has been accepted by us.  The terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order for Goods.

1.       Sale of Goods on website

1.1    You must possess a valid credit or debit card to place an order for shoes or other goods offered for sale by us (“Goods”) on the website

1.2    We will supply the Goods to you on these Terms.

1.3    You must pay for the Goods at the time you place an order for the Goods on the website.  After you place an order for Goods, you will receive an email confirmation from us containing your order details.

1.4    Title and risk in the Goods will pass to you upon full payment for the Goods.

1.5    We use Stripe and/or Paypal to process our online credit card transactions. All online credit card transactions performed on this website using Stripe and/or Paypal are secured payments.  For more information on Strip and/or Paypal terms and policies, please visit their website at https://stripe.com/au and https://www.paypal.com/au respectively.

1.6    All advertised prices on our website are in Australian Dollars and GST is included.

1.7    Goods prices do not include delivery fees.  Delivery fees will be quoted before you submit your order for Goods.

1.8    You acknowledge and agree that any incorrect information submitted in your order for Goods may delay or impede the delivery of Goods.  We take no responsibility for any incorrect address details being provided.  Additional fees may be charged for re-delivery of Goods.

1.9    If the Goods are damaged when you receive them, please email us at contact@aemery.com  within fourteen days after you have received them so that we can resolve any problems. Refunds will be provided for non-faulty good in-line with our refunds policy available at aemery.com/shipping-returns.

1.10 To the maximum extent permitted by law, our sole liability to you in respect of any defective Goods is (at our election) limited to:

1.10.1         the resupply of the defective Goods to you; or

1.10.2         refund of the price paid by you for the defective Goods.

1.11 You will comply with our directions and provide all requested information to us in respect of any product recalls for the Goods.

2.       Intellectual property

2.1    All intellectual property in this website, its content and the Goods, including copyright, any trade marks and any other intellectual property rights in or associated with this website and the Goods is owned or licensed to us.

2.2    You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website, its content and the Goods.

3.       Privacy

We will collect, hold and use your personal information in accordance with our Privacy Policy available on this website.  Our Privacy Policy sets out:

3.1    the purposes for which your personal information is collected;

3.2    the consequences if your personal information is not provided to us;

3.3    the third parties to which we disclose your personal information;

3.4    how you may seek access or correction of your personal information;

3.5    whether your personal information is likely to be disclosed to overseas entities and in which countries; and

3.6    how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.

4.       Security

4.1    We take all reasonable steps to ensure the security of our systems.  Any information which we hold for you is stored on secure servers.  In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us.  However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.

4.2    The website may contain links to other websites.  We are not responsible for the privacy practices or the content of such websites.  We accept no responsibility for any liability that may arise from your use of a third party website.

4.3    We exercise all due care to ensure that your information is secure on our system.  However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers.  We accept no liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.

5.       No representations and warranties

5.1    To the maximum extent permitted by law, we do not provide any representations or warranties relating to this website, its availability or the Goods.

5.2    We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control.  We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.

5.3    We do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.

6.       Risks and release from liability

To the maximum extent permitted by law:

6.1    we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website or use of the Goods; and

6.2    you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website or use of the Goods.

7.       Third party data

We are not responsible for the content of any data on or accessed through the website that is not originated by us.  We exercise no direct supervision or control over the content of such data.  We do not assume any responsibility for data not actually provided or expressly authorised by us.  The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.  You will be responsible for all data transmitted to or through the website through your “my account” login.

8.       Acceptable uses

You must use the website responsibly and within the law.  It is your responsibility to:

8.1    use the website in a manner which does not violate any applicable laws or regulations;

8.2    respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;

8.3    respect the privacy of others;

8.4    use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;

8.5    refrain from acts that waste resources or prevent other users from receiving the full benefit of the website;

8.6    use the website lawfully, ethically and in accordance with accepted community standards; and

8.7    maintain the security and confidentiality of all login details provided to you in respect of the website.

9.       Unacceptable uses

9.1    You must not use the website in any way which breaches local, state, federal or international laws or regulations.  Without limiting that, you must not:

9.1.1     violate copyright, trademark or other intellectual property rights;

9.1.2     illegally store, use or distribute software owned by or licensed to us;

9.1.3     transmit threatening, obscene or offensive materials;

9.1.4     discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

9.1.5     misrepresent or defame others;

9.1.6     commit fraud;

9.1.7     damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;

9.1.8     make an unauthorised transmission of confidential information or data protected by trade secrets;

9.1.9     engage in misleading or deceptive on-line practices;

9.1.10  conduct any business or activity or solicit the performance of any activity that is unlawful;

9.1.11  impersonate any person, or misrepresent your identity or affiliation with any person; or

9.1.12  attempt to do any of these things.

9.2    You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:

9.2.1      distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;

9.2.2      send unsolicited commercial messages;

9.2.3      initiate or spread computer worms, viruses or other types of malicious programs;

9.2.4      make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website;

9.2.5      harass or impersonate us, the website or other users of the website;

9.2.6      engage in conduct which causes a threatened or actual nuisance to other users of the website; or

9.2.7      violate or attempt to violate the security of the website.

10.    Our rights

10.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.

10.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:

10.2.1   confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website (others than any Goods for which you have paid for in full);

10.2.2   require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;

10.2.3   suspend or terminate your access to the website; and

10.2.4  take any other action against you.

10.3 These Terms are governed by and are to be interpreted pursuant to Victorian law and users of the website submit to the exclusive jurisdiction of Victorian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.

11.    What we may do to ensure that these Terms are being followed

11.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed.  If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.

11.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).

11.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may:

11.3.1  notify you by email (if possible);

11.3.2  suspend or terminate your access to the website without notice; and/or

11.3.3  notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

12.    Limitations

12.1 Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.

12.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights. 

Privacy Policy

This policy was last updated on 15 December 2017

L'ETE FEMME ABN 75 204 726 759 (“we”, “our” or “us”) is committed to protecting the personal information that we may hold about you. The privacy of your personal information is important to us. This Policy sets out our policies relating to management of your personal information. These policies are based on the requirements of the Privacy Act 1988 (Cth) (“Act”)(including the Australian Privacy Principles (“APPs”)).

By voluntarily supplying us with your personal information, you are agreeing to be bound by this Policy.

This Policy is periodically reviewed. Any amendments to this Policy will be notified to you by posting an updated version on the homepage of our website, aemery.com, and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this policy at any time, so please review it frequently.

Please note that our website may contain links to other websites.  When a user has clicked on a link to another site, they leave our site and are no longer protected by this Policy.

Collection of personal information

We may collect and/or hold the following kinds of personal information:

·       contact information such as name, postal address, private address, email address, telephone numbers and date of birth;

·       financial details, including bank account details and credit card details, in conjunction with the payment platform which processes our credit card payments (see further below); and

·       any other personal or private information voluntarily provided by you to us.

Our website may collect the following information from users:

·       your server address;

·       your top level domain name (for example, .com, .gov, .au etc);

·       the date and time of your visit to the site;

·       the pages you accessed;

·       the previous site you have visited; and

·       the type of browser you are using.

 

Purposes for collection

Personal information is collected, held, used and disclosed by us for the following purposes:

·       to provide our products and services to you;

·       to contact you if we have trouble processing an order for our products or services;

·       to respond to queries about our products and services;

·       to provide further information about us;

·       to market or promote our products and services directly to you (unless as requested otherwise);

·       to verify an individual’s identity;

·       to resolve a complaint;

·       to process payments; and

·       other purpose related to any of the above.

We will only collect personal information by lawful means where collection is for a lawful purpose which is directly related to one of our activities and is reasonably necessary for that purpose.

If we receive any personal information which has not been solicited from an individual we will take such steps as are necessary to lawfully destroy or de-identify the information if we cannot establish that we could otherwise have lawfully obtained the information.

 

Means of collection and holding of personal information

We collect the information voluntarily supplied by you in person, via telephone, email, mail, fax, directly through our website or otherwise.  If the information is not collected, we may not be able to provide you with the products or services requested by you.

All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including emails. Correspondence is recorded in order to provide service references.

Our website systems use various technologies, which may include cookies, to collect information from website users.  Cookies are small files that are stored on a user’s computer by the web server through the user’s browser.  The actual contents of the cookie information can be retrieved by the same web server to identify the computer and subsequently to customise, monitor, or regulate the use of the site based on information stored in the cookie or host server.  One of the ways we may use cookies is to identify computers that are being used to make visits to our website.  Please note that if you enter our website from another website, the other website may use their own cookies to learn of your visit to our website.  We have no control over other websites use of cookies to collect information. If you do not wish to receive any cookies you may set your browser to refuse cookies.  This may mean you will not be able to take full advantage of the services on our website.

We hold all information in electronic form.  We store information in electronic cloud based databases requiring logins and passwords.

 

Quality of information

Our goal is to ensure that your personal information is accurate, relevant, complete and up-to date. To assist us with this, please contact us if any of the details you have provided change. Further, if you believe that the information we have about you is not accurate, complete or up-to-date, contact us and we will use all reasonable efforts to correct the information. We require such queries and requests to be in writing to our details set out below.

 

Storage and security of personal information

We are committed to keeping secure the personal information you provide to us and we will take all reasonable precaution to protect your personally identifiable information from loss, misuse, interference, unauthorised access or alteration. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

We aim to achieve this through:

·       implementing security measures to govern access to our systems;

·       only providing access to personal information once proper identification has been given; and

·       implementing website protection measures.

When you enter financially sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When credit card details are collected, we simply pass them on to our payment platform provider to be processed as required. We never permanently store complete credit card details.

Unless expressly stated otherwise at the time of collecting the information or as required by law, we will destroy any information provided to us once the relevant activity, program or purpose for which it was collected has been completed.

 

Disclosure and use of personal information

We have a duty to keep your personal information confidential.  Our duty of confidentiality applies except where we have consent to disclose information, the disclosure is permitted under the APPs or is compelled by law.

We will only use your information for the purposes for which it was collected (“primary purposes”) or a purpose related to the primary purpose, if this use would be reasonably expected by you, or otherwise, with your consent.

We may disclose your information to necessary third parties, who assist us to provide, manage and administer our services and products.  In which case, your information will be dealt with in accordance with that entity’s privacy policy. These third parties are prohibited from using your personally identifiable information for any other purpose.  No personal details are provided to any other individual or organisation, except with your consent.

 

Access to information and seeking correction

You can contact us at any time to request access to your information or for your information to be corrected or updated.  Please direct your request to the Privacy Officer via the details provided in this Policy.

We will take appropriate steps to verify your identity (or verify that you act as a legal guardian or authorised agent of the individual concerned) before granting a request to access your information.

We will respond to your request for access to your information within a reasonable time after you make the request and if access is granted, access will be provided within 30 days from your request.  We will, on request, provide you with access to your information or update or correct your information, unless the Act provides an exception to us granting your request, including if:

·     giving access would be unlawful;

·    we are required or authorised by law or a court/tribunal order to deny access; or

·    giving access is likely to prejudice one or more enforcement related activities conducted by an enforcement body.

Where your request for access is accepted, we will provide you with access to your information in a manner, as requested by you, providing it is reasonable to do so.

Your request for correction will be dealt with within 30 days, or such longer period as agreed by you. If we deny your request, we will provide you with a written notice detailing reasons for the refusal and the process for making a complaint about the refusal to grant your request.

Upon accepting a request for correction of your information, we will take all steps that are reasonable in the circumstances, having regard to the purpose for which your information is held, to correct your information.

 

Dealing with us anonymously

You can deal with us anonymously or using a pseudonym when making a general enquiry about the services and products that we can offer to you.

At the time that you purchase our products or engage our services, it is no longer practicable for you to deal with us anonymously or using a pseudonym.

 

Complaints

If you believe that we have breached a term of this Policy or the APPs you may submit a written complaint.  The written complaint can be emailed to us using the contact details set out below.  You must include contact details for us to contact you regarding your complaint.

Our Privacy Officer will consider your complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint. If you still remain unsatisfied with the outcome, you may refer your complaint to the Office of the Australian Information Commissioner to be resolved.

 

Contact Us

If you wish to:

·            gain access to your personal information;

·            make a complaint about a breach of your privacy;

·            contact us with a query about how your personal information is collected or used; or

·            contact us regarding any other matter concerning this Policy,

you can speak directly with us and we will do our best to try to resolve your issue as simply as possible.  Alternatively, you can write to us or send us an email so that our Privacy Officer can consider the matter.  We will respond to you as soon as reasonably possible.

If you do not wish to receive direct marketing from us, please contact our Privacy Officer via the details below.

Our contact details are as follows:


Email address: hello@letefemme.com.au    

For more information on privacy see the Office of the Australian Information Commissioner's website at: http://www.oaic.gov.au.