Terms of service

Please read our Terms & Conditions carefully. Please contact your Business Development Manager if you have any questions. 

These Terms and Conditions are continuing and cover all transactions, orders and product sold by Essense of Australia, Inc, WM Bridal Group GmbH, Classique for Brides Limited, and Classique for Brides Pty Ltd (hereinafter collectively referred to as "our Companies", and/or "Supplier") from our website, ondemand.essensedesigns.com (our website), and includes all current, pending, and future orders from our website. These Terms and Conditions supersede any previous terms and/or agreements between Supplier and Customer. Customer expressly consents to these Terms and Conditions and acknowledges their consent upon accessing the Website.

Overview

This Website is operated by Essense of Australia, Inc.  Throughout the site, the terms “we”, “us” and “our” refer to Essense and our Companies.  By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”).  These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new products, features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

Our e-commerce store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer our products and services to you.

Site Terms

To order any products or services we make available in our online site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. You must not transmit any worms or viruses or any code of a destructive nature.  You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Website or products, violate any laws in your jurisdiction (including but not limited to copyright laws).

We grant you a limited license to access and use this Website for your personal use, and to copy, distribute, and transmit the content of this Website to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Website for your personal use. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering, or extraction tools.

Except as permitted above, this Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Supplier. You may not use any metatags or any other “hidden text” utilizing Supplier’s name or trademarks without the express written consent of Supplier.

Accessibility Statement

Supplier believes in the importance of seamless, accessible, and unhindered use of the internet for those of us with disabilities. Supplier continually strives to improve the accessibility of its site and services, but some content may not have yet been fully adapted to the strictest accessibility standards. If you encounter an accessibility issue on our website, please contact your Business Development Manager.

To that end, Supplier has worked to implement an accessibility widget across its website to implement accessibility features described in the Web Content Accessibility Guidelines (WCAG 2.0). You can enable these features by clicking the accessibility menu icon that appears on the bottom-right corner of any page on our website and selecting those features you wish to use.

General Conditions of Sale

We reserve the right to refuse any order you place with us, and we may, in our sole discretion, limit or cancel quantities purchased per business entity or per order.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. These restrictions may include orders placed by or under the same customer account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  

The Customer shall not post any product for sale on social media, their website, or other e-commerce services (Ebay).  The Customer is to sell the product only to private individuals as bride’s orders through their retail store locations and not to other retailers, bulk sales or e-commerce services (e.g. Ebay).  International sales of the product are expressly prohibited.

The Customer may not use any brand name, image or logo as it relates to product that they purchase from this Website. 

The Customer agrees that purchasing a discontinued product from a brand they do not have access to for re-selling purposes does not constitute an offer to represent that brand and may not make claims of having access to any brands that are not active within the standard wholesale agreement.

In order to qualify for and remain eligible to use this Website and place orders through this site, Customer must be in good standing with our Companies.

Any purchases through this Website will not be applicable for Loyalty Rewards.

Product & Pricing

Given the nature of the product, the product available on the site may vary over time in type and features. We will fulfill your order with the product as described on the Website at the time of your purchase.  However, if you return later to order additional products, please review the product information carefully as it may have changed since your previous visit.  Also, while we have made every effort to accurately display the colors and images of our products, there may be variances in the color of the product you receive. 

You will be charged the price published at the time your order was placed but we cannot guarantee the price will be the same on subsequent visits to the site.  Prices are subject to change due to dynamic pricing in material costs, production costs, shipping, and other unforeseeable events.

Should the product availability be curtailed while this order is being processed by strikes, lockouts, or other unavoidable causes, we reserve the right to fill this order in proportion to production and availability at no liability to us.  All orders shall be fulfilled as soon as reasonably possible by Supplier in the ordinary course of business.  Where a delivery date is specified in your order, we will use our best endeavors to deliver by the date.  Delivery times may be affected by stock availability and Supplier will not be responsible for any delays occurring due to changes in supply or circumstances beyond our control.  If the product is not available, you will be notified of the expected delivery date, and you will accept delivery when made.

Placing an Order

We will process your order within 10 business days (not including weekends or holidays) of order receipt. Extra lead-time may be needed on large volume orders or during peak order volumes. If any item in your order becomes out of stock or if there is need for additional payment information, you will be notified by a member of our team. Once an order has been placed, we are not able to cancel or alter the order at the request of the customer.

Customers will be invoiced on their standard payment terms.

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders and may notify you if that occurs.  We are not responsible for any issues that arise as a result of these errors, inaccuracies, or omissions. 

The Customer understands that the product is offered on an “as is” basis and is not eligible to be returned once the product has been invoiced and shipped.

You agree to provide current, complete, and accurate purchase and account information for all orders made on the e-commerce store-front Website. For those with an account, you agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

Shipping

Shipping times displayed on the site are estimated based on the best data available at the time of order.  The actual delivery of your order can be impacted by many events beyond Supplier’s control and Supplier cannot be liable for “late” deliveries.   The Customer is required to accept all shipments.  Supplier will not be responsible for items damaged, lost, or stolen in transit by the carrier.

Disclaimer of Warranties

You expressly agree that your use of, or inability to use, the product is at your sole risk.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPPLIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT THAT WOULD OTHERWISE APPLY TO THE PRODUCTS OR THE WEBSITE. SUPPLIER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPPLIER DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NEITHER SUPPLIER, NOR ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DIRECT OR INDIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, AGGRAVATING, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THE PRODUCTS, THE WEBSITE, OR THE USE THEREOF, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SUPPLIER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (C) THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Supplier, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Additional Terms

Your submission of personal information through the store is governed by our Privacy Policy. Our Website is hosted by Shopify and by using the Website you agree to be bound by their terms of use and privacy policy, including without limitation the provisions at https://www.shopify.com/legal/privacy and other applicable provisions of Shopify’s terms of use at https://www.shopify.com/legal/terms. You hereby release Supplier from liability for any action of Shopify, or any inconsistency between the terms of service of Supplier and Shopify. If there is any data breach of your information you consent to receive notice of such breach from us solely by electronic mail, if allowed by applicable law.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and Supplier and governs your use of the site.   Any ambiguities in the interpretation of these Terms and Conditions shall inure to the benefit of Supplier. These Terms and Conditions and any separate agreements whereby we provide products via the e-commerce storefront shall be governed by and construed in accordance with the laws of Johnson County, Kansas in the United States of America.