Terms and Conditions

Terms & Conditions

The below terms contain the agreement between you and St. Agni Group Pty Ltd ABN 67 611 050 205 (“St. Agni”) as to the terms on which you are permitted by us to use the website (“the Terms”).   St. Agni owns and operates the website, and owns all intellectual property rights in the website including all content on the website unless otherwise indicated, and all such rights are specifically reserved. St. Agni has also been licensed to use content on the website in which the intellectual property rights are owned by third parties. St. Agni permits you to use and otherwise benefit from the website but only in accordance with the Terms and subject to any limitations on the use of any content stored on the website that have been imposed upon St. Agni by its respective content providers.   If you have any questions or complaints regarding the website or the Terms, please contact St. Agni via email hello@st-agni.com.

Acceptance of Terms

These Terms apply to your use of the website. By your use of the website, you acknowledge that you have read and understood the Terms and you express your agreement to be bound by them. If you do not agree to the Terms you must not use the website.

We may vary these Terms at any time and at our sole discretion by publishing a revised version of these Terms on the website. Your use of any part of the website will be regulated by these Terms as they exist from time to time. It is your responsibility to keep yourself informed of any changes to these Terms.  

Jurisdiction and Governing Law

The content of the website is for general informational purposes only and is not intended to be comprehensive or be relied upon, and as such may not be appropriate to your needs. You should contact us to seek specific advice as to the content of the website and regarding your particular circumstances. We attempt to ensure that the content is current but we do not guarantee its currency.

You should seek legal or other professional advice before acting or relying on any of the content of the website. If you access the website, you do so at your own risk and you are responsible for complying with all local laws, rules and regulations in your jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, and any applicable laws of the Commonwealth of Australia. Any proceedings in respect of any cause of action shall be instituted, heard and determined in accordance with the law of the State of New South Wales in a Court of competent jurisdiction. Any such New South Wales Court shall have territorial jurisdiction to hear and to determine such proceedings. You hereby submit to the exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.  

Terms of sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. 
We will communicate acceptance of your offer after we receive confirmation of your payment being processed. We will send you an acknowledgement email confirming acceptance of your order. 
Please note, all items purchased during sales or promotions are not eligible for refund, a store credit will be issued in the form of a coupon code. If you are approved for an exchange, St. Agni will only be able to credit you for the amount paid at time of checkout to put towards an alternative size / style. 
Returns Information: If for any reason, you are not happy with your order, St. Agni is will accept a return within 21 days of purchase, subject to the conditions listed on our returns page. Please be mindful when choosing your St. Agni item, we will happily discuss the details of your return with you further via email at hello@st-agni.com.

Pricing

All prices stated on the website are in Australian Dollars (AUD). 
If you are purchasing from overseas, we will bill any credit card in Australian dollars and your card company will convert the charges for you.

Buying Online

To make a purchase from our website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age. 
All purchases must be for personal use only. For wholesale enquiries please contact bianca@delrainbow.com for further information. 
Please note, all purchases on sale items are only eligible for a store credit. We do not accept returns or exchanges of any kind, on sale items under any circumstances. 
Please note, a discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts. Only one discount or coupon code can be used per order.  
   Any refunds that are granted will be issued for the full purchase price, less shipping, as this cost has already been expended when shipping the original order out to you (unless deemed faulty).

Electronic Transaction

Pursuant to the Electronic Transactions (New South Wales) Act 2000 (NSW), the parties consent to this Contract being provided to each other by electronic communication.  

Shipping Policy

All orders placed prior to 11am will be dispatched the same day (excluding Saturday & Sunday). If you have placed your order during a sale period, this timing may be exceeded. Please trust that we always do our best to get your orders out to you as soon as possible. 
If shipping is within Australia, it will be sent via Australia Post or via StarTrack.
We cannot guarantee delivery times, however, you should receive your delivery within 1-7 working days from dispatch. This timing may be exceeded during peak or sale times. Timing may also depend on your own arrangements for mail delivery times with Australia Post. We thank-you for your patience. 
We ship worldwide and to all international destinations. International delivery times vary between 2 – 7 days depending on your location. 
Orders to countries such as the United States, New Zealand and United Kingdom take approximately 3-6 business days. If you would like a shipping time estimate for your purchase, and you are outside of the regular destination countries, please contact us and we will give you a more precise shipping estimate for your destination country. Please note, delivery times do vary from country to country.  
International parcels are sent via EMS or via DHL Express. This service usually crosses over to the local country's national postal system as soon as it enters the country. E.g. Parcels sent to the USA cross over to USPS when they enter the country.  
USA customers can track their items via the USPS website. The tracking number remains the same. Please note, all items sent to the USA need to be signed for when being delivered.  
International orders have varied rates of shipping depending on your country/region, please see at checkout for an estimate (click ‘Calculate Shipping’ option). If you have not received your ordered items within this timeframe, please email us (hello@st-agni.com) your full name and order number and we will investigate on your behalf. St. Agni is not responsible for any delays caused by customs. Sometimes the shipping time exceeds the estimate due to factors outside of our control. 
If you would like more information on the carrier of your parcel once it has reached the destination country, please email customer care (hello@st-agni.com). We are more than happy to help. 
You agree that you are responsible for any duty, taxes, and custom requirements or other like taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.

Delivery

We will use reasonable efforts to deliver your order as soon as commercially practicable. The delivery of your order to the carrier is deemed to be a delivery of the products to you.  

Risk

The products covered by each contract (i.e. accepted order) are at your risk upon delivery of the order to the carrier.  

Title Transfer

Unless otherwise provided in a contract with you, ownership of the products you purchase covered by the contract shall vest in, or be transferred to you at the time your order and payment is submitted on our website and we communicate acceptance.  

Payment Information

We accept Credit Card, PayPal and Afterpay.  

Purchase Price Includes GST

All prices on the website include GST. All Australian domestic customers and deliveries sent to Australian delivery addresses will be subject to Australian GST as that term is defined under the GST Act. 
The current rate of Australian GST is 10%. 
When the goods are exported (i.e. sent to a delivery address outside Australia) then the GST component of the price will be removed and the export price will be exclusive of GST.

Your interactions with us are subject to our Privacy Policy. St. Agni is committed to protecting your personal privacy. By using our website, you are agreeing to accept the terms of our current Privacy Policy as described therein. If you do not agree with any part of this policy, you may not use our website. Please also note that we may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive.  

Personal Information

Anyone that makes a purchase or registers to be on the St. Agni database will need to enter their personal information such as their name, email address and date of birth. This information will be stored and may be used by St. Agni to send you information about relevant products, latest developments and forthcoming events. 
This information will never be sold, rented or given to another party. Please refer to our privacy policy for more information.

Security of Information

We take reasonable precautions to keep your personal information secure. Access to your personal information is permitted among the directors, officers, consultants and other employees only on a need to know basis. If the personal information that we have about you is no longer needed for the purposes stated in our privacy policy, we will take reasonable steps to destroy or permanently remove your personal information.  

Cookies are used to collect data relating to your general internet usage and customise your experience on our website. This data includes IP addresses, browser versions, number of visits and other data relating to your navigation of the internet and our site. Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements. User ID tracking for Google AdWords is also setup which allows better understanding of repeat customers.  You can refuse to accept cookies by activating settings on your internet browser however this can affect your overall browsing experience.  

Limitation of Liability

Your use of our website is at your own risk. 
Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. The limit of our liability will be the amount paid out by our insurers under any appropriate insurance policy we hold. In any event, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including but not limited to losses or damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.

Your Obligations

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.

You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.  

Use Restrictions

We may limit use and/or availability of the whole or any part of the website to or by any person, geographic area or jurisdiction we deem fit in our sole and unfettered jurisdiction. You may, subject to the Terms, personally use public pages on the website provided that such use is for your own personal use and not for commercial exploitation.

Except as expressly provided (and then only to the extent so provided) in these Terms or in any law you must not:

Use any part of the website through any means not provided or intended by us; 
Use any part of the website contrary to any directions, instructions or policies contained in the Terms or elsewhere on the website; 
Use or permit or suffer any other person to use any administration pages forming part of the website; 
Use the website for any fraudulent or unlawful purpose; 
Submit any information via the website that is not true and accurate in every particular or that is misleading or deceptive or likely to mislead or deceive; 
Impersonate any person or computer whilst using the website; 
Enter or store any personal information or sensitive information relating to any person other than yourself in any part of the website unless the person to whom such information relates has accepted the Terms and has authorised you to do so on their behalf; 
Interfere with or disrupt, or attempt to interfere with or disrupt, the operation or usability of any part of the website or the servers or networks used to make the website available, or otherwise violate any requirements, procedures, policies or regulations of such networks; 
Reproduce, duplicate, copy, sell, resell or otherwise exploit any part of (including use of) the website or its content for commercial gain; 
Systematically download the whole or any part of the website, whether or not for commercial gain; 
Make or distribute copies of the website or any part of it (including any content stored on the website); 
Transfer, share, disclose or licence any access codes relating to the website or to your right to use any part of the website to or with any other person, whether or not for value; 
Adapt, alter, delete, modify, or translate any part of the website (including any content on the website); 
Upload any unauthorised material to the website; and 
Remove, disable or circumvent any proprietary notices or labels, or security or operational features contained on or within the website or any part of it.

To avoid doubt, you must not allow any other person to do anything you are prohibited from doing under the Terms.

You must remove any unauthorised material you have uploaded to any part of the website immediately upon being directed by us to do so. However, we reserve the right to remove, delete and/or destroy any unauthorised material you have uploaded to any part of the website without first directing you to do so and without giving you prior notice of our intention to do so or reasons for our doing so.  

No Agreement

You acknowledge and agree that your use of the website, including but not limited to your submission of any query via the website or any other mode of contact contemplated by the website, does not give rise to any agreement between you and us, and that we are not bound to respond to any such query or otherwise to provide you with any services unless and until we agree to.  

Privacy

You acknowledge and agree that we may use your personal information in accordance with our privacy policy. You can locate our privacy policy at the following link: https://www.st-agni.com/pages/privacy-policy

External Links

The website may enable you to link to or use linked content. Any linked content is not under our control and we are not responsible for the same (including changes or updates). Any links provided to linked content through the website are provided for your convenience only, and the inclusion of any such link does not imply an endorsement by us of any linked content or of the provider. Your use of any linked content is at your own risk.

Reservations

We hereby reserve all rights not expressly granted to you under these conditions. Without prejudice to any of our other rights:

All right title and interest in and to the website (including any content stored on it), any accompanying printed materials, and any copies of the website, are owned by and remain the property of St. Agni and/or content providers as the case may be; and 
All right title and interest in and to the content that is not contained in the website, but which may be accessed through use of the website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any online services which may be accessed through the website may be governed by the respective terms of use relating to such services.

You must not use our intellectual property rights in any way including but not limited to in connection with any service or product that is not ours or in any manner that is likely to cause confusion.

Nothing contained on the website is intended to or should be construed as granting any license or right to use any trade names or trademarks or any other intellectual property rights without the express prior written consent of the owner.

Electronic Communication

In accepting these conditions you agree that we can give you any information required or permitted to be given to you under the Terms or our Privacy Policy, or by law or any applicable code, by electronic communication, unless any law or code requires otherwise.

Acknowledgements, Disclaimers and Limitation of Liability

To the maximum extent permitted by law, you acknowledge, agree and warrant that:

The content provided on the website is provided to you as is and with all faults, and that all warranties (express or implied) are hereby excluded. We do not represent or warrant that such content is complete or accurate. We are not responsible for any errors, inaccuracies, or omissions in, or for any unauthorised material that may form part of, any content contained on the website, regardless of its source or how it came to be located on the website, and we hereby expressly exclude any and all liability for any loss that you may incur or sustain that in any way relates to or arises out of such content or your use of or reliance thereon, even if you have advised us of the possibility of such loss; 
All content provided on the website is for information purposes only; 
We shall not be liable for any loss that you may incur or sustain that in any way relates to or arises out of any circumstance beyond our control, including but not limited to failure by third party data transmission networks or servers; and 
You acknowledge and accept the risk that any communication to or from the website may be intercepted, used or interrupted by third parties, that the website may not be free of unauthorised material, inaccuracies, errors and/or omissions. We shall not be liable for any loss or delay that you may incur or sustain that in any way relates to or arises out of your use of or activities in connection with the website or any content or linked content thereon, and you release, discharge and indemnify us from and in respect of any and all such liability.

You hereby acknowledge and agree that we would not permit you to use the website but for your  acknowledgments and our agreement to the limitations of our liability as set out above.

Indemnity

You agree to defend, indemnify and hold us and our content providers harmless from and against all claims and liabilities that in any way relate to or arise out of:

Your use of or activities in connection with the website or any content or linked content we provide on or via the website; 
Your breach of any of the Terms; or 
Any infringement by you of any intellectual property rights owed by us or our content providers.

Problems with the Website

If you think there has been a mistake or an operation you did not authorise, or if you think there are any faults in any part of the website, you must inform us immediately via email at hello@st-agni.com

Termination

The agreement constituted by your acceptance of these Terms is effective until terminated. We may at any time and for any reason terminate your use of the website. Upon such termination, your right to use the website will immediately cease. You agree that we will not be liable to you or any third party for any termination of your use of the website.

We may take any steps we believe are appropriate to enforce or verify compliance with any part of the Terms.

General

The Terms contain the entire agreement between you and St. Agni relating to your use of the website or any part of it and it supersedes any prior representations (express or implied), discussions, undertakings, communications or advertising relating to the website.