Terms & Conditions | Blue Illusion

Website Terms & Conditions

Blue Illusion Pty Ltd ACN 006 678 566 (Blue Illusion, us, we, our) is an Australian and New Zealand retailer that sells French-inspired clothing and accessories in conjunction with personal stylist services. Blue Illusion's Store is comprised of physical storefronts at various locations across Australia and New Zealand, internet and mobile websites, and any other electronic means by which Blue Illusion offers our goods and services to you.

Your use of our Website, and in consideration of Blue Illusion providing you with access to the Website, constitutes your acceptance and agreement to these Store Terms. Please read them carefully. If you do not agree to our Store Terms then you should not continue with any purchases and immediately stop using our Website.

We reserve the right to amend these Store Terms from time to time. We recommend you check the Store Terms regularly to ensure you understand the terms that apply at that time. Your continued browsing or use of the Website will constitute your acceptance of any amendments or revisions to the Store Terms.

These Store Terms are to be read in conjunction with the Blue Illusion Privacy Policy.

Terms of Sale

By placing an order with us, you are offering to purchase a product on our Website in accordance with these Store Terms. All orders are subject to availability and order acceptance by us.

To purchase our products from our Website, you can either set up an account with us or check-out as a guest. You are responsible for providing us with current and correct details to fulfil your order.

You must be over 18 years of age to make a purchase from the Website or register an account with us. If you are under 18, please ask your parent or guardian about purchasing products or services from us.

Your account

You are responsible for maintaining the security of your account details, including your password, and accept responsibility for all activities that occurs under your account with us. You must not own more than one account, even if you have multiple email addresses.

We reserve the right to suspend or cancel your account without prior notice if you are in breach of these Store Terms.

Our Products

The Website is intended to provide you with information about our goods and services and allow you to make purchases. While we do our best to ensure all product descriptions are accurate, such as pricing, colour and how they may fit, we do not warrant that this information will always be accurate or complete.

We reserve the right at our sole discretion to limit the quantities of any products that we offer or restrict the number of products that can be made in any one purchase.

How you should or should not use our website

When accessing or browsing our Website:

You should use it:

For personal use only; and
In compliance with all laws in relation to your access or use of the materials found on our Website.

You should not use it:

For commercial purposes;
For illegal, unauthorised or fraudulent activities;
In a way that infringes upon our Intellectual Property Rights or the rights of others;
To upload transmit or attempt to transmit any viruses or destructive code; or
To interfere with or otherwise modify the Website in anyway.

Pricing and payment

Prices displayed on our Website are subject to change without notice to you and are exclusive of delivery charges. Orders delivered internationally may be subject to custom duties and taxes associated by the destination country. Any customs or import duties and associated fees are the responsibility of you.

We reserve the right to amend or change any prices displayed in error on the Website, including after you have made a purchase. We will notify of any error in pricing where the price correction has affected your purchase. If this occurs, you will have the option to re-confirm or cancel your order. Any order that is cancelled will be refunded in full.

We accept payment from Visa, MasterCard, American Express, Paypal, Afterpay, Klarna, ShopPay, Apple Pay and GooglePay.

Depending on your circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates or bank fees.

Purchases made using our payment options are subject to the providers terms and conditions:

Visa
Mastercard
AMEX
PayPal
AfterPay
Klarna
ShopPay
Apple Pay
Google Pay Australia
Google Pay New Zealand

Gift Cards and Vouchers

Gift cards are only valid in the currency of the country of purchase. They are not redeemable for cash. Gift cards are partially redeemable, however any balance left unredeemed on the card will not be refunded or credited. When the order total exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. If you require a refund on an order where a gift card was redeemed partially or fully, the value will be refunded back onto a gift card. We disclaim all responsibility for lost or stolen cards.

Our vouchers and promotions come with their own terms and conditions. Some discounts and promotions only apply to certain products or services. The voucher promotion code must be applied at the checkout page when making a purchase online to receive a discount.

Delivery

All orders with the Standard shipping option will be processed and dispatched from our warehouse within 2 business days. However, this may be affected during promotional periods or periods of busier trade.

Express orders will be dispatched from our warehouse the next business day.

Our warehouse is a Monday to Friday operation, subject to Public Holidays.

Please note that delivery times are additional to processing times and vary from region to region based on our postal partners.

Exchanges and Refunds

We understand that a change of mind about your purchase can happen. If you wish to exchange or refund your purchase in these circumstances, Blue Illusion may, at our sole discretion, offer you an exchange or refund subject to the following conditions:

You are able to provide satisfactory proof of purchase;
The items are unworn, unwashed and unused with all original tags attached and sealed packaging (where relevant); and
The items are not an Excluded item in accordance with (b) listed below.

Returns must be made within 30 days from the time you receive your purchase.

All instore purchases must be returned instore. Items purchased in Australia or New Zealand must be exchanged or refunded in the country of purchase.

For online exchanges:

Unless you are only requesting a different size in the same style and colour your original order will be refunded and a new order containing the exchanged items will be processed at the current online price. You will be required to make up any difference in cost for the new item via one of our payment methods;
Please allow up to 10 business days for your exchange to be processed provided your requested items are in stock; and
You will be notified via email once your new item has been dispatched.

For returns and exchanges outside of Australia or New Zealand, you will need to arrange your own return postage and we recommend getting a tracking number for your parcel.

Purchases made using Afterpay, Klarna or Laybuy (for NZ customers) can not be exchanged and must be returned via post. In such case you will get a refund.

Any refunds will be given using the original payment method for your purchase, including the original card details for EFTPOS/Credit Card purchases. Shipping fees will not be refunded for returns of orders under $150.

Excluded Items

Please choose carefully when purchasing the following products as exchanges or refunds for change of mind reasons will not be provided for:

Pierced Jewellery;
Beauty & skincare products;
Undergarments;
Worn shoes;
Altered products;
Personalised items;
Gift Cards;
Face masks; and
Clearance/outlet items,

(together 'Excluded Items').

Please note that items from this list that have been returned to Blue Illusion will not be refunded and will be returned to the customer.

Faulty/Defective/Misdescribed Products

Notwithstanding the above, we acknowledge that Australian Consumer Law confers certain rights and remedies on you in relation to our goods and services offered which cannot be excluded, restricted or modified (Non-excludable Rights).

To the fullest extent permitted by law, our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited at our option to:

In the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.

We require satisfactory proof of purchase before providing a remedy under a Non-excludable Right.

We will accept returns for faulty or misdescribed products, within a reasonable time from the date of purchase. This may vary somewhat depending on the item.

Security

We take all reasonable steps to protect your personal information. This includes internal and external security, restricting access to personal information, maintaining technology products to prevent unauthorised computer access, and regularly reviewing our technology to maintain security. For further information, please visit our Privacy Policy.

We and our payment providers and partners utilise industry standard encryption technologies which scrambles your details such as credit card numbers, billing details, and delivery addresses so that other computers are generally unable to decipher the information to ensure your information
remains private and secure.

Any credit card purchase you make may take a few minutes to process to allow us time to confirm your billing information with your financial institution.

Disclaimer

Your use of the Website is at your own risk. We make no warranties or representations as to the Websites accuracy or completeness and specifically disclaim any liability or responsibility for any errors or omissions in the content on the Website whether we are aware of such error or omission. To the fullest extent permitted by law, neither us, our suppliers or any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Website.

Without limiting any other provision of these Store Terms, and to the fullest extent permitted by law, our Website is provided on an “as is” and "as available" basis without warranty or condition of any kind either expressed or implied. Unless expressly provided, we and our suppliers hereby disclaim all warranties and conditions including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, reliability or non-infringement relating to the Website and our products or services.

We assume no responsibility and shall not be liable for:

Any damage to your computer equipment or other property on account of your access to, or use of the website or your downloading of any materials, data, text images, video, or audio from the Website; or
Any interruptions or errors in access to the Website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Website.

The Website may refer to products that are generally available for purchase in Australia and New Zealand. However, any reference to a product on the Website does not imply or warrant that such a product will be available in your particular locality. You should check with your local authorised representative for the availability of specific products and services in your area.

Limitation of liability

To the maximum extent permitted by applicable law, we and our suppliers disclaim any and all responsibility and liability in respect of:

Our Website and any loss or damage suffered or incurred by a person for any reason including (without limitation);
Using or relying on any of the information provided in or obtained through our Website;
Any of the matters referred to in these Store Terms; and
Any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the Website, with the delay or inability to use the Website or related services, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

Liability

Without limiting any other provision of these Store Terms, we do not exclude any Non- excludable Rights but do exclude all other conditions and warranties, whether implied by custom, law or statute.

Indemnity

You indemnify us and our suppliers against any liability, loss, damage or expense (including legal expenses) incurred claim for and claim or proceeding that is made or commenced as a direct or indirect result of:

Your access to or use of the Website;
A breach of these Store Terms;
A wilful, unlawful or negligent act or omission by you;
Your violation of any third party rights, including (without limitation) any Intellectual Property Rights, defamation, or criminal laws;
A claim that you caused damage to a third party; or
Your use of any information obtained from or through our Website.

Third party links and websites

This Website may contain links to third-party websites (Linked Websites). We make no warranties or representations for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. You acknowledge that we are providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by us or any association with its operators. When accessing a Linked Website, you should read the terms and conditions applying to the use of that website.

Intellectual Property

You acknowledge and agree that:

We exclusively own and hold all Intellectual Property Rights in all content found on our Website, including our trademarks, logos, and other related materials ('Our Content'). Our Content contains valuable copyrighted material and registered and protected with the appropriate authorities.
You hold no rights in relation to Our Content; and
you may not reproduce, modify, adapt, publish, create derivative works of, store, transmit or distribute Our Content in any form except as otherwise permitted by these Store Terms.

Copyright

All material on the Website is protected by copyright unless otherwise indicated and may not be used except as permitted in accordance with these Store Terms.

If:

You are browsing the Website as a non-commercial user, you may download material
displayed on the Website for your non-commercial, personal use only.
You are browsing this Website as an employee / agent / member of any business or organisation, you may download material displayed or available on the Website only for non-commercial purposes within your business or organisation. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Website and on your compliance with those notices and the Store Terms. You may not distribute or transmit (except within your business or organisation), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Website (including without limitation the text, images, audio, and video) for public or commercial purposes without Blue Illusion's express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to Blue Illusion, its affiliates or its third party content providers.

Trade Marks

Other registered trade marks and products may appear on our Website and are the exclusive
property of their respective owners. The use of any such trade mark on this Website is not intended to indicate any association with or endorsement by the owner of that trade mark.

Nothing contained on the Website should be construed as granting you any license or right to use, reproduce or publish any trade marks, except as otherwise permitted by these Store Terms without the express written consent to the respective owner.

Privacy

These Store Terms must be read in conjunction with our Privacy Policy. We will only use your personal information in accordance with our Privacy Policy.

By accessing and browsing the Website, you accept the terms of the Privacy Policy.

Miscellaneous

Jurisdiction - This agreement is governed by the laws of Victoria, Australia, and you hereby consent to the exclusive jurisdiction and venue of courts in Victoria, Australia in all disputes arising out of or relating to the use of our Website.
Waiver - We do not waive any right, remedy or power because of any delay in exercising, failing to exercise or only partially exercising a particular right, remedy or power.
Severability - If any part of these Store Terms is found to be wholly or partly void, illegal or unenforceable in any relevant jurisdiction, then that provision or part thereof will be deemed deleted. This does not affect the validity or enforceability of the remainder of the Store Terms.
Entire agreement - These Store Terms constitute the entire agreement between you and Blue Illusion with respect to our Website and it supersedes all prior communications, understandings or agreements with respect to the Blue Illusion Website.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Intellectual Property Rights means all present and future copyright, all proprietary rights in relation to inventions (including patents), trade marks, rights in confidential information (including trade secrets and know how), design rights, rights in relation to databases and domain names, all other proprietary rights resulting from intellectual activity in, the industrial, scientific, literary or artistic fields and all other rights generally falling within the term 'intellectual property rights' anywhere in the world, whether registered or not and whether registrable or not.

Website means the website blueillusion.com as owned, published and managed by Blue Illusion to offer and sell our goods and services to you.

Products means the goods and services offered for sale on the Blue Illusion Website.

Store Terms means these Blue Illusion Store Terms and Conditions.

Contact Us

Blue Illusion ABN 65006678566

2-8 Inkerman Grove, St Kilda, VIC, 3182

Phone: 1800 208 205 (Australia) or 0800 208 205 (NZ & International)

Email: shop@blueillusion.com

I have placed an order when will it be dispatched?

All orders are dispatched within 1-2 business days via Auspost*. If your order is placed on a business day before 11am AEST, it will be dispatched same day. If it’s placed after 11am AEST, it will be dispatched the following business day. Please note any orders placed over the weekend will be dispatched on the next business day.

*If your order is part of a promotion these time frames may not apply.

Current Promotions

30% off Dresses

Offer available from Monday, 21 October 2024 until 11:59pm AEDT Sunday 27 October 2024. The promotional end date is subject to change. This offer applies to all full-price dresses, excluding all styles from the Chyka Keebaugh Collaboration Collection. Discounted prices will be displayed at checkout or automatically applied to the product where noted. Please note that outlet and clearance items are not eligible for return or exchange. While stocks last. This offer is also available at David Jones concession stores and online. Due to high demand, we cannot guarantee the availability of stock during sale periods.

Take a Further 30% off Sale & Outlet Dresses

Offer available from Monday, 21 October 2024 until 11:59pm AEDT Sunday 27 October 2024. The promotional end date is subject to change. This offer applies to selected sale and outlet dresses only. Discounted prices will be displayed at checkout or automatically applied to the product where noted. Please note that outlet and clearance items are not eligible for return or exchange. While stocks last. This offer is also available at David Jones concession stores and online. Due to high demand, we cannot guarantee the availability of stock during sale periods.

30% Off Current Season Favourites

Offer available from Monday 14 October 2024, until 11:59PM AEDT Sunday 20 October 2024. The promotional end date is subject to change. Selected styles only. Discounted prices will be displayed at checkout or automatically applied to product where noted. Outlet/Clearance items are not eligible for return or exchange. While stocks last. Offer also available at David Jones Concession stores and David Jones online. Due to the high volume of demand, we cannot guarantee the availability of stock during sale times.

Take a Further 20% off Sale & Outlet Apparel

Offer available from Monday 30 September 2024 until 11:59pm AEST Sunday 20 October 2024. The promotional end date is subject to change. Selected sale/outlet apparel styles only. Discounted prices will be displayed at checkout or automatically applied to product where noted. Outlet/Clearance items are not eligible for return or exchange. While stocks last. Offer also available at David Jones Concession stores and David Jones online. Due to the high volume of demand, we cannot guarantee the availability of stock during sale times.

Take a further 30% off Sale & Outlet Footwear, Accessories & Homewares

Offer available from Monday 30 September 2024 until 11:59pm AEST Sunday 20 October 2024. The promotional end date is subject to change. Selected sale/outlet footwear, accessories and homewares styles only. Discounted prices will be displayed at checkout or automatically applied to product where noted. Outlet/Clearance items are not eligible for return or exchange. While stocks last. Offer also available at David Jones Concession stores and David Jones online. Due to the high volume of demand, we cannot guarantee the availability of stock during sale times.

Take a Further 30% Off Sale & Outlet

Offer available online and in-store from Thursday, August 15, 2024, until 11:59 pm AEST on Sunday, September 8, 2024. The promotional end date is subject to change. Selected styles only. Discounted prices will be automatically reflected at checkout. This offer is also available at David Jones Concession stores and David Jones Online. Please note that outlet items are not eligible for return or exchange. This promotion cannot be combined with any other offer. Due to high demand, stock availability during sale times cannot be guaranteed and may vary by location.

Current Vouchers

1 Day $50 Voucher

Voucher is valid from 5pm AEDT Wednesday, 30 October 2024, until Thursday, 31 October 2024, 11:59pm AEDT. The promotional end date is subject to change. Voucher is to the value of $50 and requires a minimum purchase $150. Offer redeemable on any full price item, excluding gift cards, or lay-by. For online redemption, apply promotion code at checkout and voucher will be deducted from eligible items. For in-store redemption, voucher must be presented. Redeemable one time only. Cannot be used in conjunction with any other offer.

Spring Digital $40 Voucher

Voucher is valid from Monday 28 October 2024, until Sunday 24 November 2024, 11.59pm AEDT. Offer redeemable on any full price clothing, shoes, and accessories. Minimum purchase $150. Not redeemable for homewares, sale items, cash, skincare & beauty, gift cards, or lay-by. For online redemption, apply promotion code at checkout and voucher will be deducted from eligible items. For in-store redemption, voucher must be presented. For David Jones online redemption discount will be deducted automatically at the checkout. Redeemable one time only. Cannot be used in conjunction with any other offer.

$75 Voucher on Full Price Styles

*Voucher is valid online and in-store from Thursday, October 10, 2024, until October 13, 2024 11:59pm AEST. Offer redeemable on any full price clothing, shoes, homeware and accessories. A minimum purchase of $300 is required to use the voucher. Not redeemable for Chyka Keebaugh Collaboration Collection, sale items, cash, skincare & beauty, gift cards, or lay-by. For online redemption, apply promotion code at checkout and voucher will be deducted from eligible items. For in-store redemption, voucher must be presented. For David Jones online redemption discount will be deducted automatically at the checkout. Redeemable one time only. Cannot be used in conjunction with any other offer.

1 Day $50 Voucher

*Voucher is valid online from 5pm AEST on Wednesday, September 18, 2024, and in-store from Thursday, September 19, 2024, until 11:59pm AEST. The promotional end date is subject to change. Offer redeemable on any full price clothing, shoes, and accessories. Minimum purchase $150. Not redeemable for homewares, sale items, cash, skincare & beauty, gift cards, or lay-by. For online redemption, apply promotion code at checkout and voucher will be deducted from eligible items. For in-store redemption, voucher must be presented. For David Jones online redemption discount will be deducted automatically at the checkout. Redeemable one time only. Cannot be used in conjunction with any other offer.

Spring Digital $40 Voucher

Voucher is valid from Monday 26 August 2024, until Sunday 22 September 2024, 11.59pm AEDT. Offer redeemable on any full price clothing, shoes, and accessories. Minimum purchase $150. Not redeemable for homewares, sale items, cash, skincare & beauty, gift cards, or lay-by. For online redemption, apply promotion code at checkout and voucher will be deducted from eligible items. For in-store redemption, voucher must be presented. For David Jones online redemption discount will be deducted automatically at the checkout. Redeemable one time only. Cannot be used in conjunction with any other offer.

Competitions & Surveys

Blue Illusion US Shipping Launch Competition

To celebrate the launch of Blue Illusion’s US shipping, we are offering a chance to win one of two Blue Illusion gift vouchers, each valued at AUD $1,520 (equivalent to USD $1,000 as of Tuesday, August 13th 2024).

How to Enter:

Follow @blueillusion.usa and @blue.illusion on Instagram.
Like the competition post.
Tag a friend in the comments of the post.
Share the competition post to your story

Competition Period:

The competition begins on Tuesday, August 13th, 2024, and ends at 11:59 PM AEST on Monday, September 16th, 2024.

Eligibility:

The competition is open to residents of Australia, New Zealand, and the United States of America.

Prize:

Two winners will each receive a Blue Illusion gift voucher valued at AUD $1520 (approximately USD $1000).
Prize is received in AUD and can be used on US, NZ and AUS transactions.
The voucher is redeemable for purchases on the Blue Illusion website.

Winner Selection and Notification:

Two winners will be randomly selected from all eligible entries received during the competition period.
Winners will be contacted via Instagram Direct Message by @blueillusion.usa on Monday, September 16th, 2024.
If a winner does not respond within 48 hours, Blue Illusion reserves the right to select an alternate winner.

General Conditions:

Entries that do not comply with these terms and conditions, or are incomplete, illegible, or otherwise defective, will be disqualified.
By entering the competition, participants grant Blue Illusion the right to use their Instagram handle and entry for promotional and marketing purposes without further compensation.
The prize is non-transferable, and no cash or other alternatives will be offered.
Blue Illusion reserves the right to cancel or amend the competition and these terms and conditions without notice.
Blue Illusion’s decision regarding all matters related to the competition is final, and no correspondence will be entered into.

I have placed an order when will it be dispatched?

*If your order is part of a promotion these time frames may not apply.

$25 Welcome Gift

Offer redeemable on full price clothing, shoes and accessories only. Minimum purchase $50. Limit of one voucher per customer. Voucher is not redeemable for sale items, homewares, skincare & beauty, gift cards, cash or on layby payments. Not to be used in conjunction with any other offer. Voucher is valid for online redemption only. To redeem, apply promotion code at checkout and voucher will be deducted from eligible items.

Birthday Vouchers

Voucher is valid for the month of the recipient's birthday and expires at the end of that month at 11:59pm AEST or NZST. Limit of one per customer. Offer redeemable on full price clothing only. Minimum purchase $50. Not redeemable on shoes, accessories, sale items, cash, skincare & beauty, homewares, gift cards or on layby payments. For online redemption, apply promotion code at checkout and voucher will be deducted from eligible items. For in-store redemption, voucher must be presented. Cannot be used in conjunction with any other offer. Limit of one per customer, per year.

Ratings & Reviews

In order to use our Ratings & Reviews Service, you will be required to provide your personal details. In particular, you may be required to provide your real name, e-mail address and other requested information as indicated.

By submitting any content to Blue Illusion you guarantee that:

You are the sole author and owner of the intellectual property rights in the content;
All content you post is accurate to the best of your knowledge;
You are at least 18 years old.

Blue Illusion will not accept Content from you unless you are a registered user of our website.

Blue Illusion will not publish reviews which contain the following:

Reviews with profanity
Reviews with negative sentiment
Reviews with content that is offensive or not relevant to our products or brand
Non-original material. Please do not post quotes, links or text you have not written
Statements pertaining to delivery, availability, careers or customer service. Please contact us directly if you have specific feedback or queries. Our Rating & Reviews service is for feedback on product only.
Content that contains any computer viruses, worms of other potentially damaging computer programs or files.

Definitions: “Content“ means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Service.

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