Terms of service

TERMS AND CONDITIONS

The Terms and Conditions below govern the sale of products from Elka Collective to ‘you’ the ‘consumer’/‘customer’. Any reference to ‘we’, ‘our’, ‘us’ is solely referring to Elka Collective. Your use of this website to purchase products indicates an agreement to abide by these Terms and Conditions.


SIGN UP OFFER

*15% Off your first Full Price order when you subscribe to our email database. Offer applies to full price styles on your first purchase online only. Please login to your account or create an account to receive your exclusive first purchase code. Offer excludes accessories (footwear, jewellery, bags and sunglasses), sale styles, and is not valid with any other promotion or offer. Offer cannot be applied to previous purchases.


ONLINE ARCHIVE SALE

Offer honoured on selected items online & in boutiques, does not apply to past purchases or gift cards. Cannot be used in conjunction with any other offer. No change of mind refunds or exchanges on Archive Sale styles unless deemed faulty. All sales are final.


MID SEASON SALE

Up to 40% off applies to selected items only, offer is available in boutiques and online. Not applicable in conjunction with any other offer. Does not apply to gift cards or previous purchases.


ADDITIONAL 20% OFF SALE & ARCHIVE

Take an additional 20% off sale and archive applies to items within the sale and the online archive sale categories only. Does not apply to previous purchases, new arrivals, or gift cards and cannot be used in conjunction with any other offer. Promotion available for a limited time only.


PRICES

All prices shown on this website are in Australia dollars which includes GST.


SHIPPING

Shipping/delivery prices are subject to change without notice. All delivery times provided in this website are estimates only provided by Delivery Agents. Elka Collective will not be held responsible for deliveries that are late, lost or damaged. Customers bear all the risk of loss and damage associated with the order as of the time it has been cleared from our premises.

For further details on shipping & delivery click here.

For further details on returns & exchanges click here.


ORDERS

Products displayed on this website may be out of stock or discontinued. You will be informed via email within 48 hours if this occurs. The order confirmation created after an online sale together with these Terms and Conditions is the final binding agreement between us and you on the matters stipulated by these Terms and Conditions. Payments Unless provided for otherwise, all payments are to be made using either a Credit Card (Visa or Mastercard only) or your Paypal account.


GIFT CARDS

  • Gift Cards are valid for 3 years from the date of purchase.
  • Gift Cards can be redeemed against all products at elkacollective.com or in our Elka Collective Boutiques
  • Promotional codes cannot be applied to the purchase of a gift card
  • Gift Cards are non-transferrable may not be returned or redeemed for cash.
  • If your order total is less than the value of the Gift Card, the remaining balance will be available and can be redeemed against subsequent orders.
  • For all Gift Card purchase returns, a replacement Virtual Gift Card will be emailed to the customer with the balance of the gift card return amount.
  • Virtual Gift Cards will be emailed to the purchaser once the full order has been processed and payment has been taken.
  • Elka Collective is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
  • Elka Collective is not liable for delivery of a Virtual Gift Card or Credit Note to an incorrect or non0existent email address. This is the sole responsibility of the purchaser.
  • Gift Cards given by Elka Collective for free are valid for 6 months from the date of issue.
  • Elka Collective has the right to cancel a Gift Card if deem such action necessary.


      WARRANTIES

      Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by applicable law, we do not warrant the accuracy, adequacy or completeness of Material on this Web Site. All information is subject to change without notice. We do not guarantee that this Web Site or Third Party Web Sites will be free from viruses, or that access to this Web Site or Third Party Web Sites will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.


      LIMITATIONS OF LIABILITY

      Subject to any responsibilities implied by law and which cannot be excluded, Elka Collective, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Web Site, to Third Party Material, third party services, or to access of this Web Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. Indemnity You indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Web Site Terms of Use.


      AVAILABILITY OF THIS WEB SITE

      1. As electronic services are subject to interruption or breakdown, access to this Web Site is offered on an "as is" and "as available" basis only.
      2. We may impose limits or restrictions on the use you may make of this Web Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw this Web Site at any time and without notice to you.


      COPYRIGHT AND TRADEMARKS

      1. Copyright application by this Web Site is owned by Brand Collective Pty Ltd.
      2. Except where necessary for and incidental to personally viewing the Material on this Web Site via your web browser, or as permitted under the Copyright Act 1968 or other applicable laws, no Material on this Web Site may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our written consent.
      3. Elka Collective is a registered trademark owned under Brand Collective Pty Ltd. Trademark #1603093.


      ACCEPTANCE AND CHANGES TO TERMS OF USE AND THIS WEB SITE

      1. You acknowledge and accept that your use of this Web Site indicates your acceptance of these Terms of Use and the Privacy Policy (see above).
      2. These are the current Terms of Use. They replace any other terms of use for this Web Site published on this Web Site to date. We may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the products offered, services or functionality of this Web Site, by publishing the varied Terms of Use on this Web Site. We will indicate on this Web Site that these terms of use have changed, however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, we have provided you with sufficient notice of the variation. By your use of this Web Site after any variation, you are taken to have accepted the new Terms of Use
      3. We reserve the right to do the following, at any time, without notice: - modify, suspend or terminate operation of or access to this Web Site, or any portion of this Web Site, for any reason; - modify or change this Web Site, or any portion of this Web Site, including products offered, prices and any applicable policies; - interrupt the operation of this Web Site, or any portion of this Web Site, as necessary to perform maintenance, error correction or other changes.


      GENERAL

      1. The law applicable to this Web Site and to disputes arising out of this Web Site is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
      2. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
      3. You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, "conduct" includes delay in the exercise of any right. "Right" means any right of Elka Collective arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
      DISCLOSURE STATEMENT
      Please note, this 'Elka Collective' website, trademarks and products sold are in no way associated with the “Elk” and or “Elk Accessories” brand, trademarks and products.