Terms & Conditions

PART A: INTRODUCTION

These terms govern the use of brasnthings.co.zu ("this website").

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy) set out the entire agreement between you and Bras N Things regarding this Website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms and Conditions, please contact our Customer Care Team and a representative will be happy to assist you. The Customer Care Team operates on Monday to Friday (excluding public holidays in Sydney, Australia) from 8.30am until 5.30pm (Australian Eastern Standard/Daylight Savings Time).

The contact phone numbers for our team are:

Callers from Australia: 1800 810 031

Callers from New Zealand: 0800 556 611

Callers located elsewhere: +61 1800 810 031

or contact us via email.

1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

Bras N Things Retail Store means a physical (not online) retail outlet trading under the name Bras N Things and listed as a “Bras N Things Store” at https://www.brasnthings.com/stores/.

Business Day means a weekday in which trading banks are open for the transaction of banking business in Sydney, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third party delivery or shipping company for Bras N Things.

Delivery Fee means the fees charged for the delivery of Goods.

Gift Card means an electronic or physical gift card issued through this Website or a hard copy gift card issued through an Australian Bras N Things Retail Store or third party retailer, through the acquisition of which you or a recipient may make non-cash payments for goods from Bras N Things.

Goods means the items offered for sale which are described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Bras N Things on the Website.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means:

1. where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);

2. where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority).

Privacy Policy means the Bras N Things Privacy Policy found on the Website at Privacy Policy.

Returns Policy means the Bras N Things Returns Policy found on the Website at Returns.

Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.

Terms and Conditions means these terms and conditions governing the Website and any activities and transactions occurring via the Website, including Part B: Terms and Conditions for the Sale of Goods on the Bras N Things Website, Part C: Gift Card Terms and Conditions; Part D: Bras N Things Online Membership & Instore Rewards Program Terms and Conditions; Part E: Terms and Conditions for Submissions and Part F: the general terms of use, as amended from time to time.

we or us or our or Bras N Things means Bras N Things Pty Ltd ABN 69 072 187 270.

Website means www.brasnthings.com

you or your means you as the user of the Website, including as a purchaser of Goods from Bras N Things.

PART B: BRAS N THINGS IN-STORE REWARDS PROGRAM TERMS AND CONDITIONS

2. BRAS N THINGS REWARDS IN-STORE

BECOMING A LOYALTY REWARDS MEMBER

2.1 You may apply for membership of Cheeky Rewards if you are aged 18 years or over and have an active email account. Only one membership per person is permitted.

2.2 To become a member you must provide us with a unique and valid email address. Mandatory fields will be clearly identified at registration and must be completed. Fields may include name, email and DOB. Phone number is not currently mandatory but will be prompted at sign-up. It is your responsibility to ensure you update your details if they change. Any information regarding your membership account (such as your name and address) as well as information regarding past purchases (such as products purchased and any sizing information) will not be shared with any other customer, including if they request sizing information to purchase a gift.

2.3 You must not allow any other person to use your Cheeky Rewards details. You agree that you are solely responsible for all activity that occurs using your Cheeky Rewards details, including the purchase of any goods.

2.4 If you become aware of any breach of security or unauthorised access to or use of your Cheeky Rewards details, you must immediately notify us by calling Bras N Things Customer Service on +61 1800 810 031.

2.5 We may decide to amend, suspend or discontinue the Cheeky Rewards program, or your membership of that program, at any time. We will contact you on the email address that you have provided if Cheeky Rewards, or your membership of that program, is to be suspended or terminated. Any amendments will be reflected in these terms and conditions and will apply to any transactions occurring after such amended terms and conditions are publicised.

CHEEKY REWARDS BENEFITS

2.6 Benefits are determined by Bras N Things and may include Rewards vouchers, discounts and member only offers.

2.7 Subject to meeting the requirements set out in this section, as a member of Cheeky Rewards you will accrue rewards for every R1spent on product purchases at Bras N Things stores in the country of your membership. You will not earn points for amounts spent third party retailers, the purchase of gift cards, any charitable donation or where a product is subject to an alternate offer that excludes the earning of points in its terms and conditions.

2.8 For purchases made in store, you can earn rewards by providing your email address associated with your loyalty account at the checkout prior to purchase.

2.9 Unless there is a system interruption, your spend will be allocated to your balance within 24 hours of the transaction.

2.10 Spend and Save vouchers - when you accumulate R1000 you will be issued a R50 Spend and Save voucher. All rewards will be housed in your registered account. Individual vouchers can only be redeemed once and cannot be reinstated. Spend and Save vouchers can be used in conjunction with other offers and promotions, unless expressly prohibited in the offer or promotion terms and conditions. Voucher discount will be applied to a transaction after any other eligible discounts or savings have been applied. Multiple voucher use in one transaction is accepted. Spend and Save vouchers are valid until the expiry date listed on the individual voucher (120 days from date of issue). Redemption of Spend and Save vouchers is valid at Bras N Things Stores in the country of your membership.

2.11 Welcome Reward – Upon signing up to be a Cheeky Rewards member for the first time, you will be issued a welcome reward voucher, in your account. Welcome vouchers are valid until the expiry date listed on the individual voucher (60 days from the date of issue), have a minimum spend of R500 and can only be redeemed once. A total of (1) welcome voucher can be used in a single transaction, and they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions. Discount will be deducted off the total transaction.

2.12 Birthday Voucher. Each year on your birthday (if you have provided your DOB) a birthday voucher will be issued to your account. Birthday vouchers are valid until the expiry listed on the individual voucher (30 days from the date of issue) and can only be redeemed once. A total of (1) birthday voucher can be used in a single transaction, and they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions. If you have not added your birthday to your account, you can do so by either going into store or contacting customer service on +61 1800 810 031.

2.13 Rewards vouchers have no cash or monetary value and cannot be redeemed as cash or used to pay for gift cards or laybys. Vouchers can only be redeemed once and any unspent amount is forfeited and removed from your account.

2.14 Rewards vouchers are not transferrable and cannot be shared with anyone else.

2.15 We may deduct from your reward spend balance any reward spend:
(a) credited to your account balance as a result of an error;
(b) relating to a transaction that has been cancelled, reversed or refunded; or
(c) relating to any suspected fraudulent activity.

We will notify you of any such deductions via the email address associated with your Cheeky Rewards account.

2.16 Any suspected abuse of the program and the vouchers provided to members can result in orders being stopped and your membership being cancelled.

RETURNS AND REFUNDS

2.17 If you receive a refund for any part of an eligible transaction, we will reverse the spend allocated to you in relation to the refunded product. In some cases this may result in a negative reward spend balance.

2.18 If you return an item for change of mind, you will receive a refund of the amount paid excluding the value of any Spend and Save or Rewards Vouchers used in the purchase. The Spend and Save or Rewards Voucher will not be reinstated or reissued.

REWARD SPEND EXPIRY

2.19 Reward spend that has not been used towards a Spend and Save Voucher will expire 24 months after the date of the spend being allocated to your rewards spend balance.

PART C: Terms and conditions for submissions

3. OWNERSHIP OF SUBMISSIONS

14.1 Other than personal information which is subject to our Returns Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Bras N Things on or through the Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Bras N Things once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Bras N Things the rights set out in these Terms and Conditions in respect of your Submissions.

4. SOCIAL NETWORKING SITES

15.1 These Terms and Conditions also govern any Submissions you make on any Bras N Things related third party website or page such as our Facebook page, Instagram, TikTok, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Bras N Things or its employees and Bras N Things is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and Conditions and the third party social networking sites terms of use, as applicable.

5. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS

16.1 A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Bras N Things of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Bras N Things’ related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.

6. CONFIDENTIALITY

17.1 Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Bras N Things’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

7. RULES FOR SUBMISSIONS

7.1 Please be polite and only write in English.

7.2 You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.

7.3 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

7.4 Submissions should not include:

1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others

2. comments about other reviewers or bloggers

3. remarks making criminal accusations, or false, defamatory or misleading statements

4. material which impersonates others

5. spam or advertising

6. third party brand names or trademarks

7. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers

8. HTML code, computer script or website URLs

9. availability, price or alternative ordering or delivery information

10. information about Bras N Things’ suppliers or manufacturers

7.5 Bras N Things, in its absolute discretion, reserves the right to:

1. not publish the Submission or remove it

2. take any appropriate action if deemed necessary

3. remove reviews which relate to seasonal products which are no longer in season

4. Please let us know if you see any Submissions which do not comply with our rules.

PART D: General

8. COPYRIGHT AND TRADEMARKS

8.1 The Website and all material provided on the Website are owned or licensed by Bras N Things, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Bras N Things.

8.2 Various trademarks displayed on the Website (whether registered or otherwise), including BRAS N THINGS, BODY BLISS, VAMP, NIGHT GAMES, and ENCHANTED are owned by us. Other product and company names mentioned on the Website may be the trademarks of other people or entities. The trademarks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner. 20.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.

9. DISCLAIMER

9.1 The information contained on the Website is provided by Bras N Things in good faith. To the best of Bras N Things' knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Bras N Things and its related bodies corporate, and their directors, officers, employees, and agents ("Bras N Things' Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

9.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Bras N Things excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

10. LIMITATION OF BRAS N THINGS’ LIABILITY

21.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Bras N Things will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website or resulting from use of goods or services supplied to you, or on your behalf, through the Website.

21.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Bras N Things or Bras N Things' Associates in connection with goods or services supplied to you will, at the election of Bras N Things, be limited to:

In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

In relation to Gift Cards, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card; and

In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).

21.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

11. INDEMNITY

11.1 You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

12. PRIVACY

12.1 Personal Information, such as your contact details, that you provide to us during the Order process or in connection with a Gift Card will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with Bras N Things’ Privacy Policy.

12.2 You represent and warrant to Bras N Things that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Bras N Things.

13. VIRUS WARNING

13.1 All care is taken to ensure that the Website and data transmissions are free from viruses. However, Bras N Things cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Bras N Things entirely of all responsibility for any consequences of its use.

14. USE OF COOKIES

14.1 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personally identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.

15. THIRD PARTY SITES

15.1 The Website may contain links to third party sites. Bras N Things is not responsible for the condition or content of those sites as they are not under Bras N Things’ control. You access those sites and/or use those sites’ products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Bras N Things of the sites or the products or services provided on the sites. Bras N Things does not permit any linkages to the Website without prior permission.

15.2 Any third-party advertising on Bras N Things’ pages of third party social networking sites are not the responsibility of, or endorsed by, Bras N Things. All rights, including copyright in Bras N Things’ pages, are owned by or licensed to Bras N Things. Any use of any Bras N Things’ social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Bras N Things. All worldwide rights reserved.

16. ELECTRONIC COMMUNICATIONS

16.1 You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

17. SECURITY AND VIRUSES

17.1 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

18. TERMINATION

18.1 Bras N Things reserves the right to, at its discretion, terminate your access to and use of the Website:

- for convenience, at any time, upon provision of notice to you;
- immediately:

1. 1. if Bras N Things reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
  2. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

19. GENERAL

19.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria or New South Wales and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria or New South Wales Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card. In any purchase of Goods, your transaction is deemed to have taken place in Alexandria, New South Wales.

19.2 The Website may be accessed from Australia or overseas. Bras N Things makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

19.3 Only you and Bras N Things shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.

19.4 Bras N Things reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Bras N Things with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.

19.5 Bras N Things may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.

19.6 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

19.7 A failure or delay by Bras N Things to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Bras N Things does not preclude its future exercise or the exercise of any power or right.

20. CURRENT PROMOTION OR OFFERS

50% OFF Black Friday: Offer is valid in-store and online and is available across selected styles as marked. Offer starts 9:00am SAST Friday 17 November, 2023 and ends at 11:59pm SAST Monday 27 November, 2023.