Terms of service
TERMS OF SERVICE
This website is operated by 23RD & MADISON. Throughout the site, the terms "we", "us" and "our" refer to 23RD & MADISON. We offer this website, including all information, tools and services available from it, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and by purchasing from us, you engage in our Service and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all of the terms of this agreement, you may not access the website or use any service. If these Terms are considered an offer, acceptance is expressly limited to them.
Any new features or tools added to the store are also subject to these Terms. You can review the current version at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website, and it is your responsibility to check this page periodically. Your continued use of the site following any change constitutes acceptance of that change.
Our store is hosted on Shopify Inc, which provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses or code of a destructive nature. A breach or violation of any of the Terms results in immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current. The material is provided for general information only and should not be relied on as the sole basis for decisions without consulting primary, more accurate or more timely sources. Any reliance on the material is at your own risk. This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy. We have made every effort to display the colours and images of our products as accurately as possible, but we cannot guarantee that your monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction, and to limit the quantities of any products or services we offer. All descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or the same billing or shipping address. You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account information, including email address and payment details, so we can complete your transactions and contact you as needed.
SECTION 7 — OPTIONAL TOOLS
We may give you access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools as is and as available, without any warranties, representations or conditions of any kind.
SECTION 8 — THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any third-party materials, websites, products or services.
SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email or otherwise (collectively, comments), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to keep any comments in confidence, to pay compensation for any comments, or to respond to any comments.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice.
SECTION 12 — PROHIBITED USES
In addition to the other prohibitions set out in these Terms, you are prohibited from using the site or its content for any unlawful purpose, including the violation of intellectual property rights, the transmission of harmful malware, or any unethical or deceptive behaviour.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, and we do not warrant that the results obtained from the Service will be accurate or reliable. Your use of the Service is at your sole risk.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless 23RD & MADISON from any claim, damage or liability arising from your breach of these Terms of Service.
SECTION 15 — SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions will still apply.
SECTION 16 — TERMINATION
These Terms are effective until terminated by either party. We may terminate your access if you fail to comply with any of them.
SECTION 17 — ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and 23RD & MADISON, superseding any previous agreements.
SECTION 18 — GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of Australia.
SECTION 19 — CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time. Please review this page periodically. Continued use of the Service constitutes acceptance of any change.
SECTION 20 — COUTURE AND MADE-TO-ORDER COMMISSIONS
Couture and made-to-order pieces are commissioned, not bought from stock. When you place a couture or made-to-order order, you are commissioning 23RD & MADISON to create a piece for you, and production begins on the day your order is placed.
For this reason, couture and made-to-order orders are final. They cannot be changed, cancelled or returned once placed, and they are not eligible for refund except where a piece arrives faulty or damaged, in accordance with Australian Consumer Law.
Payment is taken in full at the time of order unless a payment schedule has been agreed with us in writing. Where a deposit or instalment arrangement applies, all amounts paid are non-refundable and secure your place in our production calendar.
Production timelines are listed on each product page and are estimates. The current range is five to seven months from the date of order. Timelines are not guaranteed and may be affected by sourcing, atelier capacity or circumstances outside our control. If you require your piece by a specific date, you must contact us before ordering so we can confirm whether it can be met.
Couture and made-to-order pieces are made to the size you select, following our couture size guide. They are not made to individual body measurements unless a made-to-measure service has been agreed with us in writing. We recommend a final tailoring with a local seamstress so your piece sits perfectly to you. The cost of any alterations is your responsibility.
Each piece is made by hand. Slight variation in the fall of the fabric, placement of detail and finish is inherent to couture and is not considered a fault.
SECTION 21 — CONTACT INFORMATION
For any question regarding these Terms of Service, contact us at support@23rdandmadison.com.