Terms and Conditions
Terms of Use
Welcome to Port Douglas Boutique
This website is operated by Port Douglas Boutique. When we say "we", "us" or "our", we are referring to Port Douglas Boutique. By using this site or making a purchase, you are agreeing to these Terms of Use.
Please read them carefully.
1. Conditions of Use
By accessing this website, you confirm that you are at least 18 years of age, or that you have the consent of a parent or guardian, and that you are legally permitted to use our services. You agree not to use our site or products for any unlawful purpose and to comply with all applicable laws of Australia and of your state or territory.
2. Your Consumer Rights
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Where the failure is major, you may choose a refund or a replacement. Where the failure is minor, we may choose to repair the item, replace it or refund you.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth). If any part of these Terms would have that effect, that part does not apply.
We do not rely on any term of these Terms that would be unfair within the meaning of section 24 of the Australian Consumer Law.
3. General Terms
We may refuse or cancel an order where we have reasonable grounds to do so, for example where an item is unavailable, where there has been a pricing or listing error, or where we reasonably suspect fraudulent or unlawful activity. If we cancel an order that you have already paid for, we will refund you in full.
Any content you provide, other than payment card details, may be transmitted across networks without encryption. Payment card information is always encrypted during transfer.
You agree not to copy, resell or misuse any part of this website or its content without our written consent.
4. Accuracy of Information
We take care to provide accurate and current content, but we do not warrant that all information on this website is complete, correct or up to date. This does not affect your rights under the Australian Consumer Law.
5. Pricing and GST
All prices are displayed in Australian dollars (AUD) and are the total price payable, including any GST that applies.
Delivery is free, so no additional delivery charge is added at checkout.
Prices may change at any time before you place an order. The price that applies to your order is the price shown at the time you complete checkout.
6. Product Listings and Purchases
By completing checkout, you are making an offer to purchase. You will receive an email confirming that we have received your order. That confirmation acknowledges receipt and does not itself form a binding contract. A contract is formed when we accept your order and dispatch your item.
We reserve the right to change or discontinue any product at our discretion.
7. Product Availability
Some items are available in limited quantities and only through our website. We do our best to display colours and images as accurately as possible, but screens vary and we cannot guarantee an exact match. This does not affect your rights under the Australian Consumer Law where an item does not match its description.
8. Account Information
You agree to provide accurate, complete and current information for all purchases, and to keep your details up to date so that we can complete your order and contact you if needed.
9. Returns, Refunds and Delivery
Our Return Policy and Delivery Policy form part of these Terms. Those policies sit alongside your rights under the Australian Consumer Law and do not replace or reduce them.
10. Optional Tools
We may provide access to third party tools. These are provided as they are, and we have no control over them. Your use of those tools is at your own discretion, subject to the third party's own terms.
11. Links to Other Websites
Our website may include links to third party sites. We are not responsible for the content, policies or privacy practices of those sites. Please review their terms before engaging with them.
12. User Content and Feedback
Any comments, suggestions or other submissions you send us may be used, shared or published by Port Douglas Boutique without obligation to keep them confidential or to offer compensation. Please do not send us information you consider confidential.
13. Privacy
Your use of this website and the personal information you provide are handled in accordance with our Privacy Policy and with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
14. Errors and Updates
Occasionally our site may contain errors, omissions or outdated information, including pricing errors. We may correct or update any content at any time without prior notice. Where a pricing error affects an order you have already placed and paid for, we will contact you and you may choose to proceed at the correct price or receive a full refund.
15. Prohibited Use
You agree not to use our site for any unlawful, abusive or harmful purpose. Serious or repeated breaches of these Terms may result in termination of your access.
16. Disclaimer
Subject to your consumer rights set out above, and to the extent permitted by law, we do not warrant that the website will be uninterrupted or free from errors, and the website is provided as it is.
Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law.
17. Liability and Indemnity
To the extent permitted by law, and subject to your consumer rights set out above, our total liability to you in connection with any product is limited, at our option, to replacing the product, supplying an equivalent product, or refunding the price you paid for it.
Nothing in these Terms limits our liability where that liability cannot be limited by law, including liability under the Australian Consumer Law, or liability for fraud, death or personal injury caused by our negligence.
You agree to indemnify Port Douglas Boutique against loss or cost we reasonably incur as a direct result of your breach of these Terms or your unlawful use of the website. This indemnity does not apply to the extent the loss is caused by our own breach, negligence or wilful misconduct, and it does not reduce your rights under the Australian Consumer Law.
18. Severability
If any part of these Terms is found to be unenforceable, that part will be read down or severed, and the remaining sections will continue to apply.
19. Termination
We may terminate your access to the site if you materially breach these Terms. You may stop using the site at any time. Termination does not affect any order already placed or any right that has already arisen.
20. Entire Agreement
These Terms, together with our Return Policy, Delivery Policy and Privacy Policy, form the complete agreement between you and Port Douglas Boutique regarding your use of our website and services.
21. Governing Law
These Terms are governed by the laws of Queensland, Australia. You and we submit to the non exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.
Nothing in this clause limits any right or remedy available to you under the Australian Consumer Law, or your ability to bring a claim in a tribunal available to you in your state or territory.
22. Changes to Terms
We may update these Terms from time to time. The version published on this page at the time you place an order is the version that applies to that order.
23. Aftersell and Post Purchase Offers
Port Douglas Boutique may occasionally offer optional discounts, bundle upgrades or add on items immediately after checkout.
All pricing, delivery and product details are shown before you confirm, and no charge is made without your explicit approval at that time. Each approved order receives its own confirmation and receipt.
You may cancel a post purchase order within 2 hours if it has not yet been processed. All returns and refunds follow our Return Policy, and none of this affects your rights under the Australian Consumer Law.
24. Contact Us
If you have any questions about these Terms, please reach out to us at: 📩 info@portdouglasboutique.com