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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.

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 see: https://elkacollective.com/shipping

For further details on returns & exchanges see: https://elkacollective.com/returns

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. 

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.

 

Elka Collective Autumn 19 Wardrobe Giveaway: Terms and Conditions

1. Promoter: Brand Collective Pty Ltd ACN 098 742 628 of 332 Lorimer Street, Port Melbourne, Victoria, 3207, Australia, which is the owner of the Elka Collective brand in Australia.

How to Enter

2. Information on how to enter, mechanics of entry and prizes form part of these Terms and Conditions. Entry into this promotion constitutes acceptance of these Terms and Conditions. It is important that you read and understand these Terms and Conditions.

3. The Promotion will be conducted via the Promoter’s Instagram account at @elka_collective. However, the Promotion is run solely by the Promoter and is not sponsored, endorsed, administered by, or associated with Instagram.

4. The promotional period will commence at 7.00 pm (AEDST) Sunday, 17 February 2019 and finish at 11:59 pm (AEDST) Thursday, 21 February 2019 (“Promotional Period”).

5. To enter, you must, during the Promotional Period: a. Follow Elka Collective’s Instagram Account @elka_collective; and b. Like the post and tag a friend via the comments and ensure they follow @elka_collective

6. Multiple entries per person are permitted

Judging Process and Prizes

7. Judging will take place at the Promoter’s Premises at 10:30am AEDST of the following day after the close of the Promotional Period, using a computerised random selection process (“Draw”). One (1) valid entry drawn will be chosen as the winner (the “Winner”). The Promoter may draw additional reserve entries in case an invalid entry or entrant is drawn. The Promotion is a game of chance. The judges’ decision as to the Winner is final and no correspondence will be entered into.

8. The Winner and their friend will each win one (1) $500 Elka Collective Online Voucher Code (“Prize”). The Winner acknowledges and understands that each Prize’s Promo Code will expire twelve months from activation date by the Promoter.

9. The name of the Winner and their friend will be published on @elka_collective and the Winner will be advised by email by 25/02/19. All reasonable steps to notify the Winner of the results of the judging will be taken by the Promoter.

10. The Winner must claim the Prize from the Promoter by 27/02/19. If the Prize is not claimed by this date, the winning entry will be deemed invalid and the judges will select a new winning entry from the pool of remaining entries, at a time and place to be determined at the Promoter’s sole discretion. The new Winner will be advised of the results of the judging within two (2) days of judging and his or her name will be published on https://elkacollective.com/

11. The Winner will be responsible for any costs associated with redemption of the Prize. For the avoidance of doubt, the Promoter is not responsible for any item, service, cost, claim or matter not expressly stated to be included in the Prize, howsoever the same may arise.

12. The Prize is not transferable or exchangeable and cannot be taken as cash or sold for cash. Any unused balance of the Promo Code will not be awarded as cash. Redemption of the promo code is subject to any terms and conditions of the issuer

13. The Prize must be taken as offered and cannot be varied. The Prize is not valid in conjunction with any other offer. The Promoter accepts no responsibility for any taxation implications which may arise from the Prize. If any component of the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a prize of equivalent value will be awarded in lieu.

Eligibility of Entrants and Entries

14. Entry is open to residents of Australia aged 18 years or over. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of the promotion are ineligible to enter.

15. You may only enter in your own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the Promotion. Any entry of an entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to verify the validity of any entry and to request that you produce (within the requested time) appropriate photo identification or other documentation in order to confirm your identity, eligibility to enter and claim the Prize, and any other information submitted by you in entering the Promotion, before issuing the Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or you or your entry have not been verified to the Promoter’s satisfaction then your entry will be ineligible and deemed invalid. The Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.

16. Entries will be deemed accepted and final at the time of receipt by the Promoter. The Promoter accepts no responsibility for late, lost or misdirected entries.

17. Any entry that contains content that the Promoter (in its absolute discretion) considers to be incomplete, inaccurate, erroneous, ineligible, incomprehensible, offensive, objectionable or inappropriate in any way will be deemed invalid.

Liability, Indemnities and Warranties

18. Subject to regulatory authority requirements, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.

19. Nothing in these Terms and Conditions purports to limit, exclude or modify the non-excludable statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection law in the states and territories of Australia.

20. Subject to clause 17 above, the Promoter, its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law, for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, the promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) acceptance and/or use of a prize; (v) personal injury or death and/or (vi) property damage. 21. By entering this Promotion, you warrant to the Promoter that your entry does not contain content that: (a) violates the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity; (b) is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable; (c) includes an image or reference to another person that you have submitted without that person's consent; (d) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (f) is contrary to the requirements or directions of relevant regulators; (g) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming"; and/or (h) contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information. 22. The Promoter reserves the right to disqualify you for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Terms and Conditions; or (c) if you are engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from you are reserved.

Privacy

23. As a condition of entering this Promotion, you consent to the Promoter using your entry (including your Photograph), name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. You also agree that, in the event you are the Winner, you will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.

24. By entering the Promotion, you consent to the use of your personal information as set out in this Clause 25. The Promoter may collect and use personal information submitted by you for the purpose of conducting the Promotion. If the personal information requested is not provided, you cannot participate in the Promotion and are deemed ineligible. Personal information may be provided to third party organisations, including but not limited to agents, contractors and service providers of the Promoter, and, if required may be provided to Australian regulatory authorities. You can stop this information being used for this purpose by contacting the Promoter. All personal information will be stored at the office of the Promoter. A copy of the Promoter’s Privacy Policy in relation to the treatment of personal information collected can be found at http://www.Elka Collective.com.au/privacy-policy. To request access, update or correct information, or for any another privacy related questions, please contact the Promoter’s Privacy Officer on the contact details listed in Clause 1 of these Terms and Conditions. All entries become the property of the Promoter.

Severability

25. Any provision (or part thereof) of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions (or parts thereof) of these Terms and Conditions nor affect the validity or enforceability of that provision (or part thereof) in any other jurisdiction.

Amendments to Terms and Conditions

26. The Promoter reserves the right to amend, delete or add to these Terms and Conditions, subject to any regulatory authority requirements, at any time without prior notice. You will be bound by such changes. The Promoter will post any changes to the Terms and Conditions on https://elkacollective.com/

Governing Law

27. These terms and conditions are governed by, and are to be construed in accordance with, the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria and any court hearing appeals from those courts.

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.