This website is operated by d'Italia Pty Ltd - ACN 140 278 968
Information on this Website
The information on this Website is intended for general, public information only and should not be considered to be complete or definitive. We take all reasonable steps to ensure that information on this Website is correct; however we do not warrant that it is accurate or complete. To the maximum extent permitted by law, we accept no responsibility regarding the completeness or accuracy of information on this Website and use of such information is at your own risk.
Links to Third Party Websites
This Website may contain links to sites maintained by other organisations ("Third Party Websites"), and those Third Party Websites are not under our control. We do not take any responsibility regarding the completeness, or accuracy of the information and/or graphics on this Website and use of such information is at your own risk ("Third Party Materia").
While we have made every effort to ensure that information is free from error, we do not warrant the accuracy, adequacy or completeness of Material on this Website. All information is subject to change without notice. We recommend that you seek independent advice before acting upon Material on this Website or Third Party Material. We do not guarantee that our Website or Third Party Websites will be free from viruses, or that access to our Website or Third Party Websites will be uninterrupted.
You should take appropriate action to ensure that your access to, and use of this Website and Third Party Websites is protected against and free from viruses, worms, trojan horses and other harmful and destructive material.
Limitation of Liability
To the maximum extent permitted by law we are not liable (whether in contract, tort, under statute or otherwise) for any loss, damage or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, interruption of business, loss of data, legal costs or settlement costs or otherwise) in connection with:
- use of this Website, any other hyperlinked website, Materials on this Website or to Third Party Material;
- the transmission of any computer viruses, worms, trojan horses and other harmful and destructive material; or
- any inability to access or use the Website due to technical reasons beyond our control.
To the maximum extent permitted by law, we provide no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by us on this Website.
Where liability cannot be excluded, our maximum liability for a breach of any term, condition or warranty implied by law or otherwise is limited, at our election to:
- resupply of the relevant advice, service, recommendation or information; or
- payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.
- not to copy or adapt any Materials, tamper with this Website, misrepresent your identity, use buying agents or conduct fraudulent activities on the Website;
- not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;
- to access this Website for personal use only;
- to comply with all laws in relation to your access or use of Materials on this Website, including laws of the country in which you reside or from which you access this Website; and
- not to use any data listed on this Website for commercial purposes
Copyright and trademarks
Copyright in the Material on this Website is owned or licensed by us.
- read down to the extent necessary to make it valid and enforceable; or
The inclusion of any email addresses on this Website is not consent to receiving unsolicited commercial electronic messages or SPAM.
Terms and Condition Definitions:
\\\"Australian Consumer Law\\\" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
\\\"You, Your\\\" means the Purchaser named on the Sales Invoice or Quotation.
\\\"Purchase Price\\\" means the price for the goods set out on the relevant Quotation or Sales Invoice.
\\\"Seamstress Referral Form\\\" means the form of referral, which includes a Ballpark Cost Estimate submitted by Us to You in which these terms and conditions are deemed to be incorporated.
\\\"Sales Invoice\\\" means the sales invoice issued by Us to You in which these terms and conditions are or are deemed to be incorporated.
“Us, our, we” means d’Italia Pty Ltd ACN 140278968 trading as d’Italia of 62 Glenferrie Road, Malvern in the State of Victoria.
Governing Terms and Conditions:
Any special conditions specified on a Quotation or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions. Subject to the Australian Consumer Law these are the only terms and conditions which are binding upon us.
Terms of Payment
Goods will be supplied on a cash-on-delivery basis only. Property and risk in the goods shall pass to You when the goods have been paid for in full.
Cancellation and Returns
Subject to the Australian Consumer Law:
- You cannot cancel an order which has been accepted by Us.
(ii) Photographs, drawings, description characteristics, dimensions and any other particulars given with or in a Quotation, literature or a catalogue of the goods is an estimate only and may be altered by the manufacturer or supplier without notice.
- Any display product or sample inspected by You is solely for Your convenience and does not constitute a sale by sample.
Our Warranty and Liability
Subject to the Australian Consumer Law:
(i) We make no express warranties under this Agreement. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to You in relation to goods supplied to You. You must address issues relating to a manufacturer\\\'s warranty with the manufacturer on the terms of that warranty.
(ii) We do not provide any warranty in relation to the quality or fitness of the goods, or that We repair or replace goods, or offer a refund in relation to goods.
(iii) Our liability, if any, arising from the breach of any implied conditions or warranties, shall at Our option be limited to:
- the replacement of the goods or resupply of the goods by Us, or the cost of replacement or resupply of the goods; or
- the repair of the goods, or the cost of repair of the goods.
(iv) We shall not in any circumstances be liable to You under or in connection with this Agreement, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of this Agreement.
(v) All warranties, conditions and guarantees (whether express, implied or applied, and whether given by Us, the manufacturer or a third party) and any obligation of Us to repair or replace any goods are void in respect of any goods which You or a third party alter.
Third Party Dressmaker
We shall not be responsible to you for any loss or damage suffered by you as a consequence of the actions of any seamstress who has been contracted by you to make or sew any garment from the goods purchased from Us. You acknowledge that any statements or representations made by us as to the competency, proficiency or skill of any seamstress contracted by you is based on our experiences with the seamstress in the past and does not represent a guarantee or warranty in any way, and that you will rely on your own investigations and enquiries in deciding whether to contract the seamstress upon your initial meeting with her.
The terms and conditions of this contract shall be governed by the laws of the State of Victoria and we both submit to the non-exclusive jurisdiction of the Courts of Victoria.
Seamstress Terms and Conditions
IMPORTANT NOTES – PLEASE READ
- The seamstress we have referred you to is not connected to d’Italia in any legal way. She runs her own business independent of us, as do all seamstresses to whom we refer customers. If you decide to employ the services of the seamstress we have referred you to, you do so on the understanding that we have referred you to the seamstress based on our experience of having had many satisfied customers in the past who have been referred to the same seamstress. We do not guarantee the work of the seamstress in any way whatsoever.
- If we give you an estimate of the cost of making a garment, it is based on our experience of the cost of similar garments made in the past and should only be used as a guide and cannot be relied on. At your first consultation with the seamstress you must seek confirmation of the price. It is your responsibility to reach agreement with the seamstress as to the price and the terms of the agreement between the two of you, understanding at all times that d’Italia is not party to your agreement.
- We will not be a party to any agreement between you and the seamstress. We are not responsible for the completion, quality, price of the garment or any loss or damage you may suffer from as a result of your agreement with the seamstress to make your garment.
- It is important to remember:
(a) Usually the price charged by a seamstress does not include accessories such as buttons, cotton, trimmings, zips and interfacing, and such items will be on-charged.
(b) The quality of communication with the seamstress is all-important as to whether or not the final product turns out as you envisaged. It is vital that the seamstress has duplicated what is to be created. Take as many pictures or sketches or existing garments you wish to model the design on, and take the time to explain your ideas – competent seamstresses are able to sketch and offer their own ideas based on years of experience with regards to what would be the most flattering for you, and it is recommended that you take their advice in this respect. If the seamstress advises that something you request cannot be done or should be done in any way different to what you suggest, it will be based on her technical expertise with regards to fabric, pattern making and garment construction. As such, it is wise to accept a seamstress’ advice, as she is the professional in the area of garment construction. If deemed necessary by the seamstress, either a calico or toile of the initial pattern drawn up by her will be created, and during the first fitting of this mock-up and in the subsequent fittings thereafter before completion of a garment/s, you must communicate to the seamstress any considerations or concerns you may have, as this is precisely what fittings are for. After the second fitting in the actual fabric, it is almost always impossible to alter the design substantially. The seamstress has many years’ experience and technical know-how in the construction and fitting of gowns, so we urge you to listen carefully to what the seamstress advises and trust her advice with regards to whether or not a certain style change will work with the fabric.
(c) It is of utmost importance for you to make clear to the seamstress and agree upon the date for completion of your garment/s. After each appointment concludes, it is advisable to set a date for the next appointment – i.e. do not leave the seamstress’ workshop without booking your next appointment for either a fitting or final pick-up.