Legal


Terms and Conditions

  1. These terms and conditions govern the use of all visitors to www.knickerluxe.com (the Website) and the purchase of any products from the Website by customers of Knicker Luxe™(You).

  2. The Website is owned and operated by THE KNICKER CO. PTY LTD (ACN 162 668 626) trading as Knicker Luxe™. By browsing or purchasing items from the Website, You agree to be bound by these Terms and Conditions. Knicker Luxe™ reserves the right to amend or update these Terms and Conditions at any time, without providing notice to You. By using this Website, You acknowledge that You have read and understood these Terms and Conditions.

  3. When You place an order on the Website, that is an offer to purchase goods. A receipt will be automatically mailed to Your nominated email address, confirming the offer. This receipt does not constitute acceptance of Your offer and orders may be cancelled at any time due to insufficient stock, inability to authorize a credit card, suspicion of fraudulent intent, discovery of an incorrect item price, or any other reason, as Knicker Luxe™ sees fit.

  1. Knicker Luxe™ reserves the right to refuse or cancel any orders whether or not Your credit card has been charged. If Your credit card has already been charged and Your order is cancelled, Knicker Luxe™ shall issue a credit to Your credit card or Paypal account in the amount of the incorrect price.

  2. All descriptions and images provided on the Website or otherwise communicated to You are for guidance only. Nothing contained in any such description or image shall form any part of these terms.

  3. If you wish to order any products from the Website, you will need to create an account with us before purchase.  Personal Information required by us includes your name, address, delivery address, email details and phone numbers.  When you create an account with us, you must provide us with accurate information.

  4. For details of how we collect, use and handle personal information, please read our Privacy Policy below.

  5. Prices quoted on the Website are subject to change. In the case an item is incorrectly listed, Knicker Luxe™ reserves the right to refuse to sell the item at the listed price.

  6. Copyright in this website is the property of Knicker Luxe™. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Knicker Luxe™ and third parties. This property may only be used for the purposes of browsing this website and acquiring goods and services made available at this website.

  7. To the fullest extent permitted by law, Knicker Luxe™ makes no representations or warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Knicker Luxe™ makes no warranty that this website, any information or ideas contained on this website, or any products or services will meet Your requirements.

  8. You have rights under the Australian Consumer Law, as defined in the Competition and Consumer Law Act 2010 (Cth), (Statutory Guarantee) for any loss or damage suffered as a result of the goods purchased from the Website (Goods). Subject only to any law of the Commonwealth of Australia (for example the Competition and Consumer Act 2010 (Cth)) or any State or Territory (for example, fair trading legislation) that prevents the excluding, restricting or modifying of the application or exercise of, or liability under, a Statutory Guarantee or any similar rights (including any rights implied by law), the liability of Knicker Luxe™ in respect of any defect in the Goods shall be limited to, at its election, the replacement of any Goods supplied to You. Knicker Luxe™ will not be liable for any other loss or damage other than loss or damage arising directly as a result of a breach of these terms and conditions by Knicker Luxe™ and, for that purpose, any provision that may be implied by operation of law or construction of these terms and conditions is hereby excluded.

  9. These Terms and Conditions are governed by the laws of New South Wales, Australia.

Privacy Policy

  1. Knicker Luxe™ is committed to protecting Your privacy and has developed this Privacy Policy in line with the Australian Privacy Principles. In line with these Principles, Knicker Luxe™ will disclose to You:

(a)          the kinds of Personal Information that Knicker Luxe™ collects and holds;

(b)          how Knicker Luxe™ collects and holds Personal Information;

(c)          the purposes for which Knicker Luxe™ collects, holds, uses and discloses Personal Information;

(d)          how You may access Personal Information about You that is held by Knicker Luxe™ and seek the correction of such information;

(e)          how You may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds Knicker Luxe™, and how Knicker Luxe™ will deal with such a complaint;

(f)           whether Knicker Luxe™ is likely to disclose Personal Information to overseas recipients;

(g)          if Knicker Luxe™ is likely to disclose Personal Information to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries in the policy.

  1. Personal Information is information that can identify You.

  2. Personal Information we may ask for includes:

(a)          Your name and address;

(b)          Your delivery address;

(c)          Your email address;

(d)          Your gender;

(e)          Your telephone numbers; and

(f)           Your debit card or credit card details.

  1. We will ask for Personal Information so that we can create an account for You to enable You to buy our products. 

  2. You have the right to access that information.  If You wish to access, verify or update your Personal Information at any time, please contact us via email.

  3. We also collect information about visitors to the Website using cookies and code embedded in our website.

  4. We may use Your Personal Information for the following purposes:

(a)          to provide You with the items you wish to purchase;

(b)          to update You on our latest products, news and any special offers such as sale items (note that, at any time, You can choose to opt out of receiving these updates);

(c)          to ask for Your feedback on Your Website shopping experience and the products we offer (note that, at any time, You can choose to opt out of requests for feedback);

(d)          to confirm Your identity if fraud is suspected;

(e)          to disclose Your Personal Information to any companies in our group for the same purposes as we use Your Personal Information; and

(f)           to disclose Your Personal Information to third parties such as shipping agents, couriers, organisations who conduct credit, fraud and security checks, and market research companies.

  1. If we wish to disclose Personal Information to third parties outside our group companies other than as referred to in 7(e) above, we will only do so where we have Your express permission to do so or where it could be reasonably inferred that we have Your permission to do so, if we sell our business to a third party or if we reasonably believe that the use or disclosure of the Personal Information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

  2. Before Knicker Luxe™ discloses Personal Information about You to a person (the overseas recipient) who is not in Australia or an external Territory Knicker Luxe™ will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the Personal Information.

(a)         This clause will not apply to the disclosure of Personal Information about You by Knicker Luxe™ to the overseas recipient if Knicker Luxe™ reasonably believes that the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information and there are mechanisms that an individual can access to take action to enforce that protection of the law or binding scheme or other exemptions pursuant to section 16A of the Privacy Act 1988 apply.

  1. If You do not wish to receive updates, sale notifications or other emails from us, You may opt out by choosing the “unsubscribe” option in any email communication that we send You.

  2. If there any links to other websites displayed on the Website and You follow any such links, we do not accept any liability for those websites and You should refer to the privacy policies of such other websites.

  3. We will securely store all Personal Information collected from You. When You make an order through the Website, Your payment details are passed through a secure server using the latest encryption technology in accordance with industry standard. If Knicker Luxe™ receives unsolicited Personal Information from you, Knicker Luxe™ will as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

  4. If You have a complaint about the handling of Your Personal Information by Knicker Luxe™, you can make a complaint to the Office of the Australian Information Commissioner (OAIC) who can investigate privacy complaints from individuals about Australian, ACT and Norfolk Island government agencies, and private sector organisations.

  5. Before You can lodge a complaint with the OAIC, You will generally need to complain directly to Knicker Luxe™ first and allow 30 days for us to respond. We will make every effort to deal with your complaint promptly and in accordance with the Privacy Act. If You do not receive a response (after 30 days), or you are dissatisfied with the response, You may then complain to the OAIC. Complaints to the OAIC must be made in writing.