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Terms & Conditions

By using the Vivid Dresses web site (the ‘website’), you agree to be bound by the terms of use outlined below and also to the provisions of our Privacy Policy. Vivid Dresses makes available information, materials and services on this website, subject to these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this website. In these terms and conditions, the expressions "we", "us" and "our" are a reference to ‘Vivid Dresses'. Your continued use of this web site following the modification or changes to these Terms of Conditions will mean you accept these changes. In addition, when you use any service on this web site (e.g. e-mail or any third party service), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service.

Changes to Terms and Conditions

We reserve the right to alter and change these terms and conditions occasionally. Changes to the terms and conditions will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of these terms and conditions as they may be altered.

Privacy

We respect your privacy at Vivid Dresses and any of the information collected on this site will be kept strictly confidential and will not be sold, disclosed or loaned to any other organizations other than related companies and those third parties directly related to the delivery of the products you have purchased from the Vivid Dresses website.

When you join our mailing list, we collect information such as your name and e-mail address and when you make a purchase at Vivid Dresses, you will also be asked to provide us with your delivery address, telephone number and any additional information required to fulfill your order.

You may at any time delete your account from our records or unsubscribe from our mailing list by contacting us at customercare@vividdresses.com.au or unsubscribe from our mailing list by clicking the unsubscribe link at the bottom of any of our newsletters.

Vivid Dresses is committed to complying with the Privacy Act and the National Privacy principles.

Privacy Policy

We undertake to comply with the terms of our privacy policy, which is provided on this website. By using this website, you acknowledge that you have read our privacy policy.

We may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive. We do not currently require our users to register in order to access our website, but reserve the right to do so in the future. Should we implement a registration process we will of course commit to comply with any privacy legislation applicable at the time in respect of your user information. For our full Privacy Policy, please see HERE

Security of Personal Information

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

When making a purchase from Vivid Dresses, your financial details are passed through an industry standard secure server using the latest SSL (secure sockets layer) encryption technology. The secure server software (SSL) encrypts all information you input before it is sent to us. For added security we do not store your credit card details on the Vivid Dresses website and we do not share credit card information with third parties, except with our bank for the purpose of processing payments and refunds for products you've ordered or as required by law.

Collection of Information

Vivid Dresses collects and stores the following information about visitors to its website: server address, domain name (for example .com, .gov, .au etc.), the date and time of visit, the web pages accessed and documents downloaded, previous site visited, type of browser used.

This information cannot directly identify individuals. It is only used to measure the number of visitors to the different parts of the site and to help us make the site more useful to you. This data is used to deliver customized content and advertising within Vivid Dresses to customers whose behavior indicates that they are interested in a particular subject area. You are able to browse our site without entering any personal information and therefore remain anonymous during your visit.

We only record your e-mail address if you send us a message. This message could be: Feedback on our site - we use this to administer and improve our website. An enquiry to any aspect of the Vivid Dresses website - any information provided will only be used for the purpose for which you have provided it or with your permission.

We will only use your personal information if we need to contact you regarding your purchase. This may be to verify the delivery address, response to an enquiry, response to your refund/return issue or via our newsletter.

When you join our mailing list, we collect information such as your name and e-mail address and when you make a purchase at Vivid Dresses, you will also be asked to provide us with your delivery address, telephone number and any additional information required to fulfill your order.

You may at any time delete your account from our records or unsubscribe from our mailing list by contacting us at customercare@vividdresses.com.au or unsubscribe from our mailing list by clicking the unsubscribe link at the bottom of any of our newsletters.

Security of Information

Vivid Dresses will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification or disclosure and to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. Vivid Dresses uses appropriate security measures to protect the information you give us. While we take stringent measures to protect our website and all information, you should be aware that no internet data transmission can be guaranteed to be 100% secure from access by unintended recipients. Vivid Dresses will not be responsible for events arising from unauthorized access to your personal information.

Cookies

The Vivid Dresses website uses “Cookies” to help you personalize your online experience. Cookies allow web applications to respond to you as an individual. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize www.vividdresses.com.au pages, or register with the www.vividdresses.com.au site or services, a cookie helps the www.vividdresses.com.au website to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the web site, the information you previously provided can be retrieved, so you can easily use the www.vividdresses.com.au features that you customized.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Our cookies do not contain any personally identifying information. They allow you to place your online order and to login once you are subscribed. By using our website, you consent to the collection and use of this information by Vivid Dresses.

Use of Information/Copyright

This website is the copyright property of Vivid Dresses and its directors and parent company, Vivid Wear Pty Ltd. The Website content is protected by Australian and international copyright and trade mark laws. The information, data, artwork, logos, animations, text, video, audio, or pictures (collectively, "Information") contained on the Vivid Dresses website are owned or licensed by Vivid Dresses and are protected by copyright laws. You ("User" or "You") may only access and use the Information for personal or non-commercial purposes. You may not modify or use the Information for any other purpose without the express written consent of Vivid Dresses. Except as provided below, User may not reproduce, republish, post, adapt, store, print, display, transmit or distribute or create derivative works of any Information on the Vivid Dresses web site. The User shall not hold Vivid Dresses liable for any delays, inaccuracies, errors or omissions in the distribution of publishing of all or any part of the information on the Vivid Dresses web site.

Any use of content from the Vivid Dresses site that does not adhere to this condition may be subject to criminal penalties. You must comply with all proprietary and copyright notices on this Site. The use of our images without our prior consent is a copyright infringement. You will not remove any copyright, trademark or other proprietary notices from material found on the website. We reserve the right to have this content removed should we see it used inappropriately or illegally by another person/business/association.

The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external Internet website or the creation of links, hypertext, links or deep links between the website and any other Internet website, is prohibited without our express written consent.

All of our trademarks, service marks and trade names used herein (including but not limited to the words marked "Vivid Dresses") are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

You may store a reproduction of the content on the Website on your local computer for the sole purpose of viewing the content; and print hard copies of the content for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.

Intellectual Property in Designs

This Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. Vivid Dresses takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws. Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.

Your Activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions set out above, we reserve the right to suspend or terminate your account and access to this Site on a temporary or permanent basis without prior notice to you and any decision to do so is final. If your account is suspended or terminated, you will not be able to access the Website or its services. If you are awaiting delivery of products, Vivid Dresses reserves the right to cancel your order and refund your original method of payment minus any losses incurred by Vivid Dresses caused by your breach of our terms and conditions.

Use of this website

You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please notify us immediately at the following e-mail address customercare@vividdresses.com.au

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this website.

Links & Third Party Representation

This web site may contain links to other web sites that may be of relevance. Links on this website are provided for convenience only and may not remain current. The content of these sites may not be reflective of the views of Vivid Dresses, and the inclusion of a link does not indicate the endorsement of the product or services it promotes. Links are given for the users convenience only. You should exercise caution and look at the privacy statement applicable to the website in question. Vivid Dresses holds no liability or warranties for any other website that you may have access through this Site. Vivid Dresses has no control over content that may be published on Other Websites that are linked to Vivid Dresses and the accuracy of information published on the Other Website. Third Parties may post statements on the Vivid Dresses site, these will not be monitored and Vivid Dresses is not responsible for the material or accuracy of information posted by these Third Parties. Vivid Dresses is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material.

Products

Products may be changed by our manufacturers without notice. Changes are beyond our control. Because of this we do not guarantee the products you order will be exactly as shown/described on screen, though we will certainly update our pictures and descriptions as soon as we are aware.

Orders

By placing an order for any product on the Vivid Dresses (www.vividdresses.com.au) website, the customer is offering to purchase the goods and is subject to these terms. Each order the customer places will be a separate and binding agreement between the customer and Vivid Dresses with respect to the supply of the goods in accordance with these terms.

  • All orders and subject to availability of the goods
  • International orders may be subject to import taxes, duties and customs charges upon arrival in your country. These charges are the responsibility of the recipient to pay.
  • Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays for which vivid dresses will not be responsible.
  • Having a preorder item amongst other items in your order will hold back your delivery time. Pre-order dates are estimates only and may take between 1-6 weeks to be delivered, please contact us for accurate times.
  • Custom, Special and Made to Order times will vary based on delivery method selected. Any custom, special or made to order item amongst other items in your order will hold back your delivery time. Delivery dates are estimates only. Please contact us for accurate times.
  • The customer acknowledges that all orders through the website are with respect to goods intended for personal and domestic use only.
  • In order to contract with Vivid Dresses, the customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Vivid Dresses.
  • When placing an order the customer undertakes that all details that are provided to Vivid Dresses are true and accurate, that the customer is an authorised user of the credit or debit card used to place the order and that there are sufficient funds to cover the cost of the goods.
  • Goods will be delivered to the provided address, so it is the customer's duty to ensure that this information is accurate as Vivid Dresses will hold no liability for the incorrect supply of order details.

For full Terms & Conditions relating to Pre-Order items, please see HERE

For full Terms & Conditions relating to Special, Custom & Made to Order items, please see HERE

Payment methods available to users are All Major Credit Cards and PayPal.

Payment must only be made by/with permission of the authorized card or account holder. It is an illegal violation to use fraudulently obtained card details to place an order, or without the permission of the card/account holder.

Changing or cancelling an order

Once you have placed an order with Vivid Dresses, the order will be processed automatically. Many of our dresses are made to order so once your order has been placed and processed, you are not able to later cancel the order, and your payment will not be refunded due to change of mind or the rise of unforeseen circumstances.

Minor changes to your order may be allowed via email within the first 24 hours of you placing the order and is at the discretion of Vivid Dresses. It is your responsibility to provide the correct information required to process your order. Custom and Made to Order dresses cannot later be exchanged or returned as they are made especially for you and your needs.

Vivid Dresses reserves the right to cancel your order if the product has become unavailable, is not in stock due to system error or otherwise, discontinued or no longer in production. In addition we reserve the right to cancel your order if you have provided unauthorized or invalid payment or credit card information. If the payment is not authorized, if the details you have provided us are incorrect or incomplete, if you are in breach of any of the Terms & Conditions or at the sole discretion of Vivid Dresses. Placing your order and receiving e-mail confirmation that it has been placed is not the same as us accepting your order. In most cases orders are accepted, however you will be notified promptly if your order is not accepted. Vivid Dresses also reserves the right to change or alter any products featured on our website without any prior notice.

Please take care when placing your order. If you decide to cancel your order prior to shipping (except Special, Custom & Made to Order items), our normal returns policy applies, see HERE. You will be issued with an online credit equal to the total value of your purchase in such instances.

Price

Price is non-inclusive of delivery fee unless otherwise stated. A 10% GST amount is included in the price of every item sold on the Vivid Dresses website. The main currency provided on the Vivid Dresses website is in Australian dollars. International orders will not have GST applied. Vivid dresses reserves the right to change or alter the prices of goods on the website without notice to the customer, notwithstanding orders that have already been processed. In the event that an order has been processed on goods that have been incorrectly priced or the wrong price is displayed, Vivid Dresses reserves the right to cancel the order and refund any monies paid.

  • In paying or attempting to pay for the goods, the customer agrees that the customer has not engaged in any fraudulent conduct or contravened any law.
  • Vivid Dresses will issue the customer with a tax invoice once payment in respect of the order has been processed.

These terms contained herein shall be governed by the Laws of Victoria, Australia and the customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these terms.

Payment and Security

Vivid Dresses uses the latest secure payment-processing technology with Eway, along with a variety of payment methods for your convenience.

  • Credit Card: We accept Visa, MasterCard and American Express.
  • PayPal: Australia's favorite way to pay online. PayPal is a fast, easy and safe way to make payments online and on your mobile phone.

We protect the security of your credit card information in every online transaction by using the latest online security methods. All prices quoted are in Australian dollars and are inclusive of GST. All prices are subject to change and all prices displayed on this Website are only valid online at the time shown.

Shipping Information

Once you have placed your order with Vivid Dresses, you can choose between fast and free regular delivery and Express delivery for an extra charge for all Australian orders or International Express shipping for all International Orders. Vivid Dresses ships to most destinations around the world.

Please note that we aim to have your orders dispatch as soon as possible. Estimated delivery times are to be used as a guide only, and do not take into account any possible delays caused by any unforeseen circumstances.

We do not deliver to international PO BOX addresses. For our international customers, all prices on our site are displayed in Australian Dollars (AUD), and will be charged in Australian Dollars. Prices do not include any relevant overseas customs duties, foreign taxes or other fees this is the responsibility of the customer, as Vivid Dresses is not responsible for any customs charges or fees imposed on your order. We do not accept responsibility for lost orders as a result of third party negligence or otherwise. If your order is lost or missing please email us immediately.

For our full Shipping Policy, please see HERE

Return Policy

Returns on Standard items

We value all our customers and want you to be happy with your purchase. However if for any reason you feel the need to return your purchase you can do so only on standard in-stock item(s) within 7 days of receiving the order (including pre-orders), for a store credit if your return meets the terms of Return Policy, which can be found HERE

If you are issued with a credit note, the value of the credit will be the actual price of the purchase less original shipping cost. Credit notes from our e-boutique can be used online only. Please note at Vivid Dresses we only exchange or enable credit notes to be used once on a change of mind. Thus all exchanges are final.

We take great pride in the quality of our products, therefore all items are thoroughly inspected and go through a series of quality control checks before they are dispatched and shipped. However, in the unlikely event that you have received an item, which has a fault or is incorrect to the one you purchased, please contact us immediately at customercare@vividdresses.com.au and we will look into the issue as a matter of priority.

Standard Items

Standard items are products, styles, sizes, and colours that are available for immediate delivery online from our e-boutique. It is important to note that all the items that you see on our website are of the actual product; we do not make any attempt to replicate or imitate any of the styles that you see on our website. We make every effort to display all the products as accurately as possible, however please note the colours of our garments may vary based on different computer monitor screens.

Please note: For Bridal Party orders, it is highly recommended that all dresses are ordered and purchased together. This can be done by adding all the Bridesmaids dresses one after another to the shopping cart prior to checking out and making the payment. This will ensure that your dresses will be from the same batch of fabric, and will be the same colour. This is very important as sometimes the fabric colours may vary due to different fabric rolls. Once you have placed your order please e-mail Vivid Dresses at customercare@vividdresses.com.au and notify us that your order is for a Bridal Party. Please advise date of wedding and Bridal Party name. This will allow for your order to be processed accordingly.

Custom/Made to Order/Special Order Items

Custom and Made to Order items are items specially made to suit your specific needs. This includes any dresses or styles which have been custom cut in a size, colour, or fabric specifically for you or an item that has had its design customized (where applicable), making it individual and bespoke.

Special Orders are items that are not in stock however can be ordered in specifically for you or in stock items that can be ordered in different sizes and colours that are either out of stock or not stocked to suit your occasion. Special Order items are ordered in for you from our supplier and are not made to order. For further details on our Custom, Made to Order and Special Order items, please see HERE.

Please note that custom, made to order and special order items cannot be returned or exchanged as they have been specifically made and/or ordered for you.

All Custom, Made to Order and Special Order’s are final and no return is permitted as per our Returns Policy, which can be viewed HERE

What cannot be returned

Sale items cannot be returned or exchanged. Wear and tear cannot be returned. The onus is on the customer to care for the product after it has been purchased, given that some fabrics may require extra care including lace, satin, chiffon, embroidery and fine beading. For hygiene reasons accessories, jewelry, swimwear and underwear cannot be exchanged or returned.

Refund

We strive to ensure that you are happy with your purchase and as such encourage you to contact us with any questions you may have prior to purchasing. We kindly ask to choose carefully as we do not offer refunds in any circumstances, except in the case of faulty items that may not be repaired by us.

Unfortunately, we don't offer refunds on change of mind or incorrect choice of purchase. This also includes changes in events, unforeseen circumstances, cancelations and incorrect choice of size/colour. Customers, who meet the requirements for a refund by law, will be happily refunded.

For our full returns policy, please see HERE.

Termination of Access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Limitation of liability

Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages. To the extent permitted by law,

Governing Law

These terms and conditions are governed by the laws in force in Victoria and the Commonwealth of Australia.

Your Obligations

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity, which will place an unreasonable burden on our systems.

You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands, which may be instituted against us arising out of your failure to comply with these terms and conditions.

Disclaimer

Every effort has been made to ensure the information contained on the Website is correct and accurate, however this website and its content are provided 'as is' and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute as advice.

We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability. This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.

Vivid Dresses, including our directors, partners, shareholders, employees and other third parties associated with running the Website is not liable to the maximum extent permitted by law to you or anyone else for any loss of income, profit, contracts, goodwill or financial loss or damage without limitation suffered as a result of negligence or otherwise arising in connection with use of this web site or the products sold on it. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item. Vivid Dresses liability for breach of any implied warranty or condition, which cannot be excluded, is limited to the supply of the products again or the payment of the cost of having products supplied again.