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TERMS & CONDITIONS

ELK ACCESSORIES PTY LTD (ELK) TERMS AND CONDITIONS OF TRADING

These websites www.elkthelabel.com, www.elkaccessories.com.au, www.elkaccessories.com, www.elk.net.au (known as “the elk websites”) are made available to you (herein known as “the Purchaser”) pursuant to these trading terms and conditions which are legally binding. These terms and conditions are laid out in full.

Please read through these carefully before making any purchase from these websites. Your subsequent purchase will indicate your full acceptance of these terms and conditions.

These terms and conditions may be modified from time to time and your continued use of these sites and any subsequent purchases made shall signify your agreement to be bound by any changes.

These terms and conditions are in effect from 14/11/2018.

TRADEMARK

elkthelabel® Elk® ELK Accessories® MrELK ® & SOMN ® amongst others are all registered trademarks.

COPYRIGHT

All designs, content and photographic material are subject to copyright and are wholly owned by ELK Accessories Pty Ltd. (ELK). No designs, content or photographic material represented on ELK’s websites may be used without prior written authorisation.

INTELLECTUAL PROPERTY

The purchaser will not use, copy or infringe on ELK’s intellectual property. This means all intellectual property rights (whether created before, on or after the date of these Terms and Conditions and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade names, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise, and which relates to any of ELK’s products or services.

ON SELLING

Under no circumstances may the Purchaser on sell or resell any of ELK’s items or goods on any website, third party online reselling channels, other retailers, private selling events or catalogue sales without written authorisation from ELK. Should this term be breached, ELK reserves the right to recover all items.

LINKING TO THE ELK WEBSITES

You may link to the ELK homepage on the condition you do so in a way that is legal. It must be fair and not intended to damage our reputation or in any way take advantage. You may not suggest any form of ELK’s association or endorsement where there is none. We reserve the right to request a link removal at any time.

PROHIBITIONS

You will not commit or encourage a criminal offence by transmitting or distributing a virus, trojan, worm, or any other harmful or malicious program or device, post any other material which is malicious, harmful or in any way offensive or obscene. You must not hack into any aspect of the website, corrupt data or cause annoyance to other users by sending unsolicited advertising or promotional material commonly referred to as "spam"; or by attempting to affect the performance or functionality of this Website.

ELK will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

ORDERING

ELK cannot guarantee and accepts no liability in regards to the availability of stock and the time frame involved in delivering any goods or service pursuant to the Purchaser’s order. ELK reserves the right to cancel any order without notice.

SHIPPING & ORDER TRACKING

ELK will deliver to most Australian addresses and to most international addresses using a contracted courier service. Australia Post requires the delivery to be signed for by the Purchaser. Any risk will pass to the Purchaser and or any other person who signs for the receipt of the delivery. ELK cannot accept responsibility for delays in delivery due to unforeseen circumstances such as natural disaster, strike or transport complications.

The Purchaser is responsible for providing accurate delivery instructions and address details in writing. If the nominated courier is unable to deliver the Purchaser’s order due to either incorrect information provided by the Purchaser, a re-delivery fee may apply. This fee will be charged to the Purchaser’s credit card.

LIABILITY

To the extent permitted by law, ELK shall not be liable for indirect or consequential losses or expenses suffered or incurred by the Purchaser in relation to the supply of goods. ELK’s liability is limited only to the cost of supply or re-supply of goods in accordance with these terms.

WARRANTIES REGARDING THE GOODS

Conditions, warranties and other provisions which apply to or in respect of goods under or by virtue of the Australian Consumer Law as amended from time to time or any other enactment of the Commonwealth of Australia, the State of Victoria or of any other place and which by that enactment cannot be excluded from these Terms and Conditions shall apply without restriction or modification.

All other warranties, conditions and guarantees which would or may be implied (whether by statute law, trade usage or otherwise) into this account agreement (including, in particular, any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from these Terms and Conditions.

JURISDICTION

This contract is made in the State of Victoria Australia.

NO COMMERCIAL USE

These sites are for your personal use only. You may not, copy, distribute, transmit, display, modify, reproduce, publish, license, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

AGREEMENT

This agreement supersedes any and all preceding agreements between the purchaser and ELK.

BILLING

We will accept payment for your purchase by either Visa®, MasterCard®, American Express®, Afterpay®, or PayPal®. All goods supplied remain the property of ELK until they are paid for in full.
Please ensure you enter your contact and delivery details correctly, including your phone number, so that we can contact you if necessary. If payment is via credit card, the name on the credit card used for payment must match the billing name on the order. We reserve the right to cancel any order which we determine does not meet this requirement.

CURRENCY

All product and shipping prices quoted on the www.elkthelabel.com are in Australian Dollars (AUD). All transactions are settled in AUD. Some credit providers may charge additional fees, please contact your credit provider for more information.
All product and shipping prices quoted on the www.elkaccessories.com/us or www.us.elkthelabel.com website are in United States Dollars (USD). All transactions on this website are settled in USD and are exempt from Australian taxes (GST). Some credit providers may charge additional fees, please contact your credit provider for more information.

GST & TAXES

All purchases delivered within Australia incur the standard government Goods and Service Tax (GST). All prices listed at www.elkthelabel.com include GST. Purchases shipped to international address are exempt from Australian taxes (10% GST). For international orders, the prices listed do not include any overseas duties, customs or import charges which may apply depending on the landing country. Any additional international charges will be at the expense of the recipient and will not be covered by ELK. The customer may incur these charges at any time up to 24 months after the goods are purchased. ELK reserves the right to charge any unpaid or additional taxes and duties to the original purchaser’s credit card.

PROMOTIONAL CODES

We may occasionally release promotional codes valid for a specified time. These codes are valid for use within the specified time frame only. All conditions applying to each promotional code will be specified at the time of issue. They may be redeemed online at any of the ELK websites or ELK retail stores only. They cannot be used in any independent ELK stockists.

GIFT VOUCHERS

Gift vouchers are valid for 12 months from the listed date of issue. They can be purchased and redeemed online at elkthelabel.com or our ELK retail stores. Gift Vouchers are not valid for use at any independent ELK stockists. The voucher is valid for merchandise only and cannot be exchanged for cash. Any remaining balance of your voucher will be linked to your voucher code until redeemed. Vouchers may be spent in whole or in part. Remaining credit cannot be paid in cash. Please contact customerservice@elkthelabel.com if you have lost your voucher code.

ORDER CONFIRMATION

Confirmation of your order will be sent to your e-mail address. The e-mail will reconfirm all delivery and shipping details, charges and any other relevant information. It is the purchaser’s responsibility to ensure that all information provided is accurate. We aim to ship within 24 to 48 hours however this may vary depending on demand at the time. Please contact us immediately should you need to make any changes to your order or if you require your order by a specific time. Once order is dispatched, no changes can be made.

ORDER CANCELLATIONS

Cancellation by ELK
ELK Accessories reserves the right to cancel any order at any time without notification.

Cancellation by Purchaser
We aim to ship online orders within 24 to 48 hours of the order being placed. Should you wish to cancel an order after payment has been accepted, please contact ELK via e-mail at onlineorders@elkthelabel.com or by phone on (+61) 03 9478 1800.
Unfortunately, we are unable to cancel an order, once it has been dispatched. The order will then comply with our returns and exchange policy.

SIZING & PHOTO REPRESENTATION

The websites represent as accurate as possible representation of the product and its colour. ELK products are handmade using natural materials where possible and therefore, slight variations in colour may result.

Colour representation may also vary slightly due to computer image quality and screen settings.

Further information about product sizes can be provided on request. Please email us on customerservice@elkthelabel.com should you require more specific details.

EXCHANGING YOUR FULL PRICED PURCHASE

  • If you change your mind we will happily offer an exchange, credit voucher or refund on full priced purchases.

  • Exchanges will be accepted within 30 days from receipt of items for full priced purchases. If you purchase in the month of December, this is extended to 60 days. Proof of purchase must be supplied.

  • We are unable to accept exchanges on earrings due to hygiene reasons and swimwear if the hygiene label is not intact.

  • We are unable to accept returns or exchanges on personalised items.
  • If the item you want in exchange is of a higher value than your original purchase, you will be contacted by our team to organise payment.

  • If you wish to exchange an item you can choose from the following two options:

OPTION #1

To ensure the item you wish to exchange does not sell out, we recommend placing a new online order for this item promptly. You can then return your unwanted item for a full refund of the purchase price.

OPTION # 2

Alternatively, post the item to us requesting an exchange. We will process a return and send out the new item you have selected. Please be aware that this method will be dependent on stock availability upon receipt of your item back to ELK.

  • Please complete your Returns Form and post with the items you wish to exchange. Your Returns Form can be found on the back of your invoice. If you have misplaced your Returns Form or would like assistance with this process, please contact Customer Service via email at customerservice@elkthelabel.com or phone +613 9478 1800 between 9.00am to 5.00pm weekdays.
  • Items must be returned in their original, unused condition with ELK tags attached, in their original packaging and shoes in their original box. Please pack all returns or exchanges safely for the return transport, ensure the Returns Form is included and clearly mark as follows:

    ELK

    Attention: Returns Department

    Invoice number #________

    395 Plenty Road

    Preston, Victoria 3072

    Australia

    • You are responsible for the cost of returning goods to ELK. Please note, ELK cannot be responsible for goods damaged in return transit. ELK recommends using a postage method which provides tracking or insurance for items in transit.

    • We will ship your exchanged item back to you free of charge.

    RETURNING YOUR FULL PRICED PURCHASE

    • If you change your mind we will happily offer an exchange, credit voucher or refund on full priced purchases.
    • Returns will be accepted within 30 days from receipt of items for full priced purchases. If you purchase in the month of December, this is extended to 60 days. Proof of purchase must be supplied.
    • We are unable to accept returns on earrings due to hygiene reasons and swimwear if the hygiene label is not intact.
    • We are unable to accept returns or exchanges on personalised items.
    • Please complete your Returns Form and post with the items you wish to return. Your return form can be found on the back of your invoice. If you have misplaced your form or would like assistance with this process, please contact Customer Service via email at customerservice@elkthelabel.com or phone +613 9478 1800 between 9.00am to 5.00pm weekdays.
    • Items must be returned in their original, unused condition with ELK tags attached, in their original packaging and shoes in their original box. Please pack all returns or exchanges safely for the return transport, ensure the Proof of Purchase Returns Form is included and clearly mark as follows:

    ELK

    Attention:

    Returns Department

    Invoice number #________

    395 Plenty Road Preston,

    Victoria 3072

    Australia

    • You are responsible for the cost of returning goods to ELK. Please note, ELK cannot be responsible for goods damaged in return transit. ELK recommends using a postage method which provides tracking or insurance for items in transit.
    • Any refund will be credited back to your original method of payment or if a credit voucher is nominated, it will be emailed to you.
    • Any full priced item purchased online at www.elkthelabel.com can be exchanged or returned through our ELK retail stores. Please ensure you have proof of purchase.
    • Any item purchased at an independent ELK stockist cannot be returned to ELK online or ELK stores. You will need to contact the original store from where the item was purchased.

    SALE ITEMS

    We offer an exchange or credit voucher for items bought on sale only. We are unable to offer a return for items bought on sale unless faulty.

    • For sale items, an exchange will be accepted within seven (7) days from receipt of purchase.
    • We are unable to accept exchanges on earrings due to hygiene reasons and swimwear if the hygiene label is not intact.
    • We are unable to accept returns or exchanges on personalised items.
    • Please complete your Returns Form and post with the items you wish to exchange. Your return form can be found on the back of your invoice. If you have misplaced your form or would like assistance with this process, please contact Customer Service via email at customerservice@elkthelabel.com or phone +613 9478 1800 between 9.00am to 5.00pm weekdays.
    • Items must be returned in their original, unused condition with ELK tags attached, in their original packaging and shoes in their original box. Please pack all exchanges safely for the return transport, ensure the Proof of Purchase Returns Form is included and clearly mark as follows:

      ELK

      Attention:

      Returns Department

      Invoice number #________

      395 Plenty Road Preston,

      Victoria 3072

      Australia

      • You are responsible for the cost of returning goods to ELK. Please note, ELK cannot be responsible for goods damaged in return transit. ELK recommends using a postage method which provides tracking or insurance for items in transit.

      FAULTY ITEMS

      We will offer a refund or replacement when an item is faulty or demonstrating a major problem. Proof of purchase must be supplied.

      Please contact us on +61 3 9478 1800 or by email: customerservice@elkthelabel.com promptly to obtain a return authority number before sending back your goods. To help expedite the process, please email a photo of the fault so we can identify the issue and item. We will incur all reasonable shipping costs if the item is deemed to be faulty and will advise the most appropriate method of returning the goods. We will assess the goods when they are received. We will not cover shipping costs for items which are damaged due to mistreatment or harsh wear. Upon receiving the item, we will send you a replacement in the same colour and size. In the event that the particular item has sold out and cannot be replaced, a full refund will be issued on the original purchase price. Alternatively, we will offer the opportunity to exchange the sold-out item for another product – any difference in price to either be credited or charged accordingly.

      RETURNING A GIFT

      If you have received an ELK item as a gift, we can offer an exchange under the following conditions:

      • The item was purchased from www.elkthelabel.com or from one of our ELK retail stores.

      • Any item purchased at an independent ELK stockist cannot be returned to ELK online or ELK stores. You will need to contact the original store from where the item was purchased.

      • Exchanges will be accepted within 30 days from receipt of items for full priced purchases. If you purchase in the month of December, this is extended to 60 days. For sale items, an exchange will be accepted within 7 days from receipt of purchase.

        Proof of purchase must be supplied.

      • We cannot offer a refund to the recipient of the gift.

      • If you would like assistance with this process, please contact Customer Service via email at customerservice@elkthelabel.com or phone +61 3 9478 1800 between 9.00am to 5.00pm weekdays.


      PRODUCT INFORMATION AND CARE

      ELK’s products are unique. Due care is required to ensure your items look good for as long as possible. With this in mind, we offer you the following handy hints to care for your products.

      JEWELLERY
      All ELK jewellery is handmade using predominantly natural materials, including wood, sterling silver, shell and stone. We also use man-made materials such as resin.
      The wood used for ELK’s wooden jewellery is sourced from sustainable plantation farms. No natural environment is harmed in the production and harvest of wooden materials for ELK.
      Some variations may be apparent in items made from timber. These products are hand-cut and hand dyed. Variations are natural and add to a product’s overall appearance and character. They are not faults.

      Most findings used are made from sterling silver, mixed metal alloys or stainless steel. We aim to ensure that all of our metal products used are nickel free. Please contact us should you require more information on any specific product.
      As with any jewellery, we advise you avoid direct contact with perfume, moisturiser and any other liquids or cream products. Do not store jewellery in direct sunlight for long periods of time to avoid UV damage.

      Our silver jewellery is made from 925 sterling silver. In most cases we apply an outer coating of rhodium (part of the platinum group of metals). This coating is hard wearing but not permanent. It is applied to slow the rate of natural oxidisation of silver.

      SPECIAL CARE NOTES for WOODEN JEWELLERY
      Our wooden jewellery is dyed in large baths of natural dye, and then tumbled in special wax to seal the colour. These wooden articles will maintain their colour and appearance as long as they are sealed properly and are kept dry.

      Should you accidentally wet the jewellery, milky spots may appear. This is due to the waxy outer layer lifting from the bead and may cause the colour to bleed from the surface. Any such damage can usually be reversed by applying a small quantity of pure bees wax polish on the wooden item using a soft cotton cloth. This buffs and seals the surface, removing any milky spots. A small amount should be used and the excess removed to avoid leaching the colour.

      As the majority of our jewellery is handmade, some pieces are delicate. Handling each piece with care is integral to the longevity of your jewellery. Keep each item in a dry, safe place. ELK bares no responsibility for jewellery, which is damaged, from harsh treatment or careless wear.

      For item specific care information please contact us at: customerservice@elkthelabel.com

      LEATHERGOODS
      We use fine quality leathers to make our leather goods. Our leathers are sourced as a bi-product of the meat industry wherever possible.

      The leather is intended to age with wear; crushed, matte and rough finishes are intentional giving the leather a distinctive look. Slight variations in colour, grain and texture are all part of leather’s unique characteristics.

      Leather goods (including hardware) must be kept dry. We use mostly colourfast leathers and recommend that you treat the leather with care and store it in a dry environment, away from direct sunlight, preferably in the care bag or box provided when not being used.

      Protective sprays can be used on most of ELK's leather goods. ELK, however, cannot guarantee the suitability of any chemical used on our leather and will not be responsible for any damage that may be experienced as a result. Always do a test patch on an inconspicuous section of the leather to ensure a product is suitable.

      For item specific care information please contact us at: customerservice@elkthelabel.com

      TEXTILES
      ELK uses wherever possible, pure textiles and ethically grown fibres. Please treat your textile product with the utmost care. For the best care information, please refer to the labels attached to your product.

      For item specific care information please contact us at: customerservice@elkthelabel.com

      SAFETY & SECURITY

      We use Secure Server Software (SSL) for ecommerce transactions. The personal information collected to complete a transaction is fully encrypted. The SSL software encryption ensures your personal information cannot be read as it travels over the Internet.

      ETHICAL SOURCING

      ELK is committed to ensuring that we source and manufacture our products from and with suppliers and manufacturers who operate their business’ in an ethical manner. We work closely with all suppliers and in most cases are able to visit the source of our goods on a regular basis.
      Our suppliers all operate within their countries’ legal guidelines and provide secure, safe and consistent work for their employees.