1. About These Terms
This website is operated by Poiset (“Poiset”, “we”, “us” or “our”).
These Terms of Service (“Terms”) govern your access to and use of the Poiset website, including browsing, purchasing products and using any services made available through our website.
By accessing our website or placing an order, you agree to these Terms and any additional policies expressly incorporated into them, including our Privacy Policy, Shipping Policy and Returns and Refunds Policy.
Please read these Terms carefully before placing an order. If you do not agree with these Terms, you should not use our website or place an order.
Our online store is hosted by Shopify, which provides the ecommerce platform through which we offer our products and services.
These Terms operate alongside your rights under the Australian Consumer Law and any other applicable laws. Nothing in these Terms is intended to exclude, restrict or modify rights that cannot legally be excluded, restricted or modified.
2. Eligibility and Acceptable Use
By using this website, you confirm that you are legally capable of entering into a binding agreement under applicable law.
You agree not to use our website or products for any unlawful purpose or in a way that infringes the rights of Poiset or another person.
You must not:
- Violate any applicable law or regulation.
- Infringe our intellectual property rights or those of another person.
- Submit false, misleading or fraudulent information.
- Upload or transmit viruses, malicious code or other harmful material.
- Interfere with the security, functionality or operation of our website.
- Attempt to access restricted areas, accounts or systems without authorisation.
- Scrape, reproduce or commercially exploit website content without our permission.
- Use our website to harass, threaten, defraud or harm others.
We may take reasonable and lawful action where these Terms are breached, including restricting access to our website or cancelling an order where we have a lawful basis to do so.
3. Products and Product Information
Poiset is an independent fashion label creating handmade garments, lingerie, corsetry, ready-to-wear pieces and custom or made-to-measure designs.
We take reasonable care to ensure that product descriptions, images, pricing and other information displayed on our website are accurate and up to date.
However, because our products are handmade and may involve different fabrics, trims, colours and production techniques:
- Colours may appear differently depending on your screen and device.
- Minor variations in appearance, texture or finish may occur between handmade pieces.
- Product images may show styling, accessories or other items that are not included in the purchase, where indicated in the product description.
- Availability of particular fabrics, trims, colours and designs may change.
- Product specifications and future product offerings may be updated from time to time.
Any variations must remain consistent with the product description, agreed specifications and applicable consumer guarantees. Handmade production does not remove your rights under Australian Consumer Law.
Please review the product description, sizing information and any customisation details before ordering. If you have questions about a product, you may contact us before purchasing.
4. Pricing and Payment
All prices will be displayed in the currency identified at checkout or otherwise clearly stated on our website.
Any applicable taxes, shipping charges and other mandatory costs will be disclosed as required by law before you complete your purchase.
Payment must be made using the payment methods available at checkout. Your order may not be accepted or production may not commence until the required payment has been successfully processed, as applicable to your order.
We reserve the right to change prices, introduce or discontinue products, and update promotions for future purchases.
A price change will not automatically change the agreed price of an order that has already been accepted.
If a genuine pricing or listing error affects an order, we will assess the circumstances and contact you to discuss an appropriate resolution. We will not rely on an error clause to avoid our legal obligations or disregard rights you have under applicable law.
5. Orders and Order Acceptance
Placing an order through our website constitutes an offer to purchase the selected products.
An automated order confirmation acknowledges receipt of your order but does not necessarily mean that the order has been accepted.
An order will be accepted when we confirm acceptance, commence fulfilment or otherwise communicate acceptance, as applicable to the circumstances.
We may decline or cancel an order where reasonably necessary and lawful, including where:
- A product is unavailable and cannot reasonably be supplied.
- A genuine pricing or listing error has occurred.
- Payment has not been authorised or completed.
- We reasonably suspect fraud or unauthorised activity.
- We are unable to fulfil the order as agreed.
If we cancel an order after payment has been taken and the order cannot or will not be fulfilled, we will arrange an appropriate refund where required.
We will make reasonable efforts to contact you using the details provided with your order if an issue arises.
Nothing in this section gives us an unrestricted right to cancel an accepted order without regard to our contractual obligations or your statutory rights.
6. Made-to-Order and Made-to-Measure Products
Many Poiset garments are handmade to order. Certain products may also be made to your measurements or customised according to an agreed design.
Before placing a made-to-order or made-to-measure order, please review the applicable product description, measurement instructions, customisation options and production estimates.
Unless otherwise agreed in writing:
- Production begins according to the production timeframe communicated for the product or order.
- Production estimates are separate from shipping and delivery timeframes.
- You are responsible for providing complete and accurate measurements and customisation information when requested.
- We may contact you if information is missing, unclear or inconsistent.
- Changes requested after an order has been accepted may affect the price, production schedule or feasibility of the order.
- We will communicate any additional costs and obtain your agreement before proceeding with chargeable changes.
Made-to-measure garments are created using the measurements and specifications supplied or agreed for the order. Fit may be influenced by measurement accuracy, body proportions, posture, fabric characteristics and the intended design.
We will take reasonable care to produce garments in accordance with the agreed specifications. If you believe your garment does not conform to the agreed specifications or fails to meet a consumer guarantee, please contact us.
The personalised nature of a garment does not automatically remove your rights under Australian Consumer Law.
7. Custom Orders and Commissions
Custom garments, bridal pieces and other individually commissioned designs may require separate written quotations, measurements, design approvals, payment arrangements and production schedules.
Where a separate quote, invoice or written agreement is provided, the agreed terms for that commission will apply alongside these Terms. If there is an inconsistency, the specific written agreement will govern the relevant commission to the extent permitted by law.
Before production begins, we may require confirmation of the agreed design, measurements, fabric, colour, trims, finishing details and other relevant specifications.
You are responsible for reviewing the information supplied for approval and notifying us of any errors before confirming it.
Changes requested after approval may require additional time or charges. We will communicate the proposed changes and obtain your agreement before charging for additional work.
For bridal commissions, customers should communicate important event dates and fitting requirements before confirming an order. We will advise whether the requested schedule is achievable based on the information available at the time.
Any stated completion or delivery date remains subject to the agreed arrangements and applicable law. We will communicate material delays and discuss appropriate next steps.
Cancellation, deposits, payments for work completed and any applicable refunds will be handled in accordance with the specific commission agreement and applicable law. No deposit or cancellation provision will remove a consumer's statutory rights.
8. Preorders and Product Availability
Some products may be offered for preorder before they are ready to dispatch or before production has commenced.
Where a product is offered on preorder, we will provide the available information about its expected production or dispatch timeframe.
Preorder dates are estimates unless expressly confirmed as a firm commitment. If a material delay occurs, we will communicate the updated information and any available options.
If we cannot supply a prepaid product, we will contact you to arrange an appropriate resolution, including a refund where required by law.
A preorder does not remove your rights under Australian Consumer Law.
9. Changes, Cancellations and Refunds
If you wish to change or cancel an order, please contact us as soon as possible using the contact details provided on our website.
We will consider requests in light of the order's status, the work already undertaken, materials committed, any applicable written agreement and your rights under applicable law.
Changes may not be possible once materials have been cut, a garment has entered production or a custom design has been completed. Where a change is possible but involves additional work, we will advise you of any additional cost and obtain your agreement before proceeding.
Our policy for change-of-mind returns, exchanges, refunds and cancellations is explained in our Returns and Refunds Policy.
Nothing in these Terms or our other policies excludes or limits your rights under Australian Consumer Law, including any rights to a repair, replacement, refund, cancellation or compensation where applicable.
10. Shipping and Delivery
Shipping methods, delivery estimates, charges, dispatch information and other delivery conditions are set out in our Shipping Policy.
Unless expressly stated otherwise, production time and shipping time are separate.
We will take reasonable care to fulfil orders in accordance with the applicable order details and our legal obligations.
Delivery estimates are not guarantees unless expressly agreed as such. If a delivery delay occurs, we will provide relevant information where reasonably practicable.
Please ensure that your shipping address and contact details are accurate at checkout. If you discover an error, contact us promptly.
Any consequences of an incorrect address, failed delivery or requested address change will be assessed in the circumstances and in accordance with applicable law. We will not impose charges or deny remedies where doing so would be unlawful.
International orders may be subject to customs duties, import taxes or other charges imposed by the destination country. Where these charges are payable by the customer, we will communicate this as clearly as reasonably practicable before purchase.
Our Shipping Policy should be read together with these Terms.
11. Intellectual Property
Unless otherwise indicated, the content of the Poiset website, including original garment designs, photographs, graphics, illustrations, branding, logos, written content and other creative material, is owned by or licensed to Poiset and is protected by applicable intellectual property laws.
Purchasing a Poiset product does not transfer ownership of our intellectual property or grant permission to reproduce, manufacture, distribute or commercially exploit our designs or website content.
You may view and use our website for personal, non-commercial shopping purposes.
You must not copy, reproduce, adapt, distribute, publish, sell or commercially exploit our protected content without our prior written permission, except where permitted by law.
If you submit an original design, image, suggestion or other material to Poiset, you retain any rights you already hold in that material. You grant us permission to use it only to the extent reasonably necessary to respond to your enquiry, assess or fulfil your order, or for another purpose to which you have agreed.
We will not assume that submitting an idea grants us unrestricted ownership of it.
12. Reviews, Feedback and Submissions
If you submit a product review, testimonial, suggestion or other feedback, you confirm that it is genuine and does not knowingly infringe another person's rights.
You grant Poiset a non-exclusive, royalty-free permission to use, reproduce and display feedback you voluntarily provide for reasonable business purposes, subject to applicable law and any relevant permissions or restrictions.
We may moderate or remove content where reasonably necessary, including content that is unlawful, fraudulent, abusive, misleading, unrelated to the relevant product or infringes another person's rights.
We will not use this section to misrepresent customer experiences or suggest that customers must provide positive feedback.
If you provide personal information or identifiable images, our Privacy Policy also applies.
13. Third-Party Services and Links
Our website may use third-party services, applications, payment processors, delivery providers or links to external websites.
Third-party services may be governed by their own terms and privacy policies.
We do not control all third-party websites or services and are not responsible for matters outside our reasonable control. However, nothing in these Terms excludes any responsibility Poiset may have under applicable law for our own conduct, representations or obligations.
Your use of third-party services is subject to the terms applicable to those services.
14. Website Availability and Security
We aim to keep our website available and functioning properly, but we cannot guarantee uninterrupted access or that the website will always be free from errors or technical issues.
We may update, maintain, suspend or modify website features where reasonably necessary, including for security, maintenance or operational reasons.
We will take reasonable care in operating our website and handling transactions. Nothing in this section excludes liability that cannot lawfully be excluded.
You must not interfere with the website's security or attempt to gain unauthorised access to its systems or data.
15. Australian Consumer Law and Consumer Guarantees
Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law.
Depending on the circumstances, you may be entitled to a repair, replacement, refund, cancellation or compensation if a product or service fails to meet an applicable consumer guarantee.
The appropriate remedy depends on the nature of the issue and the requirements of the law.
Handmade, made-to-order, made-to-measure, custom and preorder products remain subject to applicable consumer guarantees.
Our change-of-mind policy is separate from your rights where a product is faulty, unsafe, not as described, does not match agreed specifications or otherwise fails to meet a consumer guarantee.
To raise an issue, contact us with your order details and a description of the problem. Photographs or other supporting information may help us assess the issue, where appropriate.
We will consider the matter in accordance with applicable law. You are not required to waive your legal rights to request assistance.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.
16. Limitation of Liability
To the extent permitted by law, Poiset is not responsible for loss arising from matters outside our reasonable control, provided that this does not exclude responsibility for our own conduct where liability cannot lawfully be excluded.
Nothing in these Terms excludes or limits liability for:
- Consumer guarantees or other rights that cannot be excluded under Australian Consumer Law.
- Misleading or deceptive conduct or other unlawful conduct.
- Fraud or other liability that cannot legally be limited.
- Any other liability that applicable law does not permit us to exclude or limit.
Where applicable law permits a limitation of liability, any limitation will apply only to the extent legally permitted and in the circumstances in which it is lawful to do so.
We do not guarantee that use of our website will always be uninterrupted, error-free or secure. However, this does not remove any legal obligations we have regarding our products, services, website or transactions.
17. Indemnification
You are responsible for your unlawful use of our website and for any infringement of another person's rights caused by your conduct.
To the extent permitted by law, you may be responsible for reasonable losses directly arising from your unlawful conduct or material breach of these Terms.
Nothing in this section requires you to indemnify Poiset for losses caused by our own unlawful conduct or for matters for which you cannot lawfully be held responsible.
18. Suspension and Termination
We may restrict or suspend access to our website where reasonably necessary for security, legal compliance, fraud prevention or a material breach of these Terms.
We may discontinue or modify website features, subject to our obligations concerning existing orders and applicable law.
You may stop using our website at any time.
Ending access to the website does not automatically cancel an existing order, remove outstanding contractual obligations or affect rights and remedies that have already arisen.
Where an order is cancelled or cannot be fulfilled, we will handle any payment, refund or other obligations in accordance with the applicable agreement and law.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be treated as severable to the extent permitted by law.
The remaining provisions will continue to apply to the extent that they can operate lawfully and consistently with the purpose of these Terms.
20. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, website, products or legal obligations.
The latest version will be published on this page with the updated date.
Changes will generally apply prospectively. We will not use an update to retrospectively remove rights or alter an existing agreement where doing so would be unlawful.
Where a change materially affects an existing arrangement, we will take reasonable steps to communicate the change where required.
We encourage you to review these Terms periodically.
21. Governing Law
These Terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia.
22. Contact Us
If you have questions about these Terms, an order or a product, please contact us using the details below.
Business name: Poiset
ABN: 63 966 204 251
Email: care@poiset.com.au
We will make reasonable efforts to respond to enquiries and resolve issues in a timely manner.
These Terms should be read alongside our:
- Privacy Policy
- Returns and Refunds Policy
- Shipping Policy
- Any specific written agreement applicable to a custom or bridal commission
Nothing in these documents is intended to exclude, restrict or modify rights that cannot lawfully be excluded, restricted or modified under Australian law.