Terms of service

Terms and Conditions

Last Updated: November 2023.

This is an important document which sets out the terms of use for this website www.albasole.com(“the Site”) and purchase of pieces from Alba fashion.  These terms and conditions apply to visitors to the Site (“Visitors”) and customers who purchase pieces through the Site (“Customers”).  The term (“Users”) refers collectively to Visitors and Customers.


  • Owner
    •

    The Site is owned by Talia Hogan t/a Alba fashion (ABN 97 749 540 149) (“Alba” “us” “our” “we”).  


    1. Agreement

    The Site is offered to Users conditionally on the User’s acceptance of these Terms and Conditions and our Privacy Policy which together form the entire Agreement between Users and SBB.  By accessing this Site and purchasing pieces advertised on the Site, you are bound to these Terms and Conditions.  We may change these terms and conditions at any time without prior notice to Users.  We recommend that you review this page when revisiting the Site because your continued use of the Site will indicate your acceptance of any changes to these terms and conditions.


    1. Eligibility

    To purchase pieces from SBB must:

    • Be capable to form legally binding contracts; and
    • Accept these terms and conditions.

    If you do not satisfy the above requirements you must immediately cease using the Site.  

    If you make a purchase through the Site on behalf of another person (including a business) you represent and warrant to SBB that you have the authority to bind that other person as a principal to these terms and conditions. 


    1. Restriction and Cancellation

    Alba reserves the right to restrict or cancel a User’s access to the Site for any reason without giving prior notice to the User.


  • This Site is provided “as is”
    •

    User’s acknowledge that access to the Site is granted by Alba to the User on an “as is” basis.  Whilst we make every reasonable effort to ensure that the information on the Site is up to date and complete, we make no representation or warranty as to the accuracy or reliability of the Site content.  Images display actual pieces sold by Alba however, images on Site are only indicative of the pieces sold especially with respect to colours.  Screen resolutions of individual Users vary which impact upon the colour and display of images.  Alba does not warrant that the pieces purchased will look the same as the images displayed on the Site.  


    We do not warrant that the functional aspects of the Site will be uninterrupted or error free or that the Site, its content or the server are free of viruses or other harmful components.  Alba does not guarantee against third party interference nor that the Site or its content will be compatible with third party software or hardware.  Alba is not liable for any issues arising with the Site due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond Alba’s reasonable control.

  • Conditions of Purchase
    •

    We only offer pieces for personal use only.  Customers are not permitted to on-sell pieces purchased from Alba.  Alba reserves the right to refuse any order placed with us.  


  • Availability of Stock
    •

    Alba does not guarantee that the pieces advertised on the Site will always be available.  If Alba is unable to fill an order, a representative will contact the Customer to discuss the options available.  


  • Pricing and Payment
    •

    Prices displayed on the Site are exclusive of GST and delivery fees.  Payment must be made in full at the time of placing the order.  


  • Delivery and Collection
    •

    Pieces are available for collection from Torquay, or otherwise all deliveries are made through Australia Post or third-party couriers.  We recommend that Customers insure pieces being delivered as insurance does not automatically apply.  To the extent permitted by law, Alba will not be responsible for any loss or damage that occurs during delivery.  


  • Changing an Order
    •

    You have 7 days from delivery to exchange your item/s for an alternate style or size. We offer Free Exchanges when exchanging for a different size or style. A Free Exchange is only eligible on the first exchange and multiple exchanges will incur a flat rate return fee. 


    Refunds

    Choose your goods carefully because refunds are not provided for a change of mind.  Alba will provide refunds in accordance with its obligations under the Australian Consumer Law.  The Customer must notify Alba of any concern about the piece within 7 days of receiving the piece.  Customers should email us to discuss the concern.  The Customer agrees to comply with the reasonable requests of Alba to facilitate a refund request including providing photographs of the Piece upon request or returning the Piece to the Store.  



  • Proper handling of pieces
    •

    All pieces are provided with care instructions.  The Customer is responsible for handling garments in accordance with care instructions.  The Customer releases Alba from all claims and liability that arise as a result of the Customer’s non-compliance with care instructions. 





  • Acceptable Use of Site
    •

    Users agree to use the Site in accordance with this Agreement:

    • in good faith; 
    • in a way to not bring disrepute or cause reputational or other damage to Alba.  

    Users must not use the Site in a way that:

    • is fraudulent; 
    • unlawful; 
    • invasive of another’s privacy;
    •  infringes the intellectual or other proprietary interests of third parties; 
    • contains viruses or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment; 
    • uses technology or other unauthorised means to access the Site; 
    • uses or launches any automated system to access the Site; 
    • gains or attempts to gain unauthorised access to the Site including the networks or user accounts; 
    • attempts to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks;
    • or encourages or incites any other person to engage in any of the above behaviour;
    • frames or utilize framing techniques to enclose the Site or any portion of the Site; 
    • modifies, reverse engineers or create any derivative works based upon the Site or any of its content; 
    • collects account information for the benefit of yourself or another party; 
    • uses any meta tags or any other hidden text utilizing any of the content on the Site; 
    • uses software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; 
    • includes downloading any image or content and passing it off as your own, or
    • encourages any other User to engage in the above.

    1. Intellectual Property Rights

    Alba retains all ownership rights over all intellectual property (registered or unregistered) available on the Site including, but not limited to, images, designs, artwork, logos, written content, and moral rights.  Alba claims copyright over all content on the Site or is using the content on the Site with the consent of the copyright owners, unless otherwise indicated.


  • License to Users
    •

    Alba grants Users access to the Site through this license.  Alba retains all ownership and proprietary rights in the Site and its content and grants Users the non-exclusive, non-transferable, limited right to use the Site to view our pieces and to purchase them for personal use.  This license commences upon the User first visiting the Site and continues until termination by Alba or the User.  Alba has the discretion to terminate this license immediately and without notice if a User breaches this license and Alba reserves its right to take action against the User.  All rights not specifically granted under this Agreement are reserved by Alba and, as applicable, its licensors.   This licence excludes the right to republish, redistribute, transmit, sell, or license the Site or any of its content and excludes the right to make any use of the Site or any of its content other than for personal use.


  • Limited Liability 

    • Without limiting the operation of the Australian Consumer Law, Alba excludes all conditions, warranties, terms and guarantees otherwise implied by law.  Users use the Site at your own risk and Alba is not liable for any misuse of the Site by a User.  To the extent permitted by law Alba is not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, goodwill, business or claims made against it arising from a User’s use of the Site or pieces.


  • Indemnity
    •

    Users agree to indemnify keep Alba fully indemnified against all claims by any person whatsoever for injury, loss or damage suffered in connection with the User’s use of the Site where the claim arises from the User’s breach of these terms and conditions.


  • Breaches of these terms and conditions
    •

    Alba reserves the right to take any of the following action if we reasonably suspect that a breach of this Agreement has occurred:

    (a) issue a formal warning;

    (b) suspend or prohibit access to the Site;

    (d) block access to the Site;

    (f) take legal action against you, 

    (g) suspend or delete your account, and

    (h) report a matter to law enforcement.

    If we suspend or prohibit or block your access to the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.  


    1. General 

    If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement to the extent of the invalidity and the remaining provisions will remain in full force and effect.  This Agreement shall be governed by and construed in accordance with the laws of Victoria and Australia and any claim arising out of this Agreement will be determined in Victoria.