WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.thexfew.com.au (the ' Website'). The Website provides you
with an opportunity to browse and purchase various products that have been
listed for sale through the Website (the ' Products'). The Website provides this
service by way of granting you access to the content on the Website (the '
1.2. The Website is operated by The Exquisite Few (ABN 60496934657) . Access
to and use of the Website, or any of its associated Products or Services, is
provided by The Exquisite Few. Please read these terms and conditions (the
'Terms') carefully. By using, browsing and/or reading the Website, this signifies
that you have read, understood and agree to be bound by the Terms. If you do
not agree with the Terms, you must cease usage of the Website, or any of
1.3. The Exquisite Few reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When The Exquisite Few updates the
Terms, it will use reasonable endeavours to provide you with notice of updates to
the Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by The Exquisite Few in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
3.2. You warrant that any information you give to The Exquisite Few in the course
of completing the registration process will always be accurate, correct and up
3.3. Once you have completed the registration process, you will be a registered
member of the Website (' Member') and agree to be bound by the Terms. As
a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with The Exquisite Few;
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify The Exquisite
Few of any unauthorised use of your password or email address or any
breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of The Exquisite Few
providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by The Exquisite Few for any illegal or unauthorised use of the
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ' Purchase Price').
5.2. Payment of the Purchase Price may be made through Stripe (the ' Payment
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
5.3. Following payment of the Purchase Price being confirmed by The Exquisite
Few, you will be issued with a receipt to confirm that the payment has been
received and The Exquisite Few may record your purchase details for future
5.4. The Exquisite Few may, at their sole discretion, provide a refund on the return
of the Products within 15 days days where the Product packaging is unopened
and remains in a saleable condition. You acknowledge and agree that you are
liable for any postage and shipping costs associated with any refund pursuant
to this clause.
6.1. The Exquisite Few's Products come with guarantees that cannot be excluded
under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure of the Product. You are also entitled to have the
Products repaired or replaced if the Products fail to be of acceptable quality
and the failure does not amount to a major failure (the ' Warranty').
6.2. You may make a claim under this clause (the ' Warranty Claim') for material
defects and workmanship in the Products within 12 months from the date of
purchase (the ' Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to The Exquisite Few showing the date of purchase
of the Products, provide a description of the Products and the price paid for the
Products by sending written notice to The Exquisite Few at 47 Sunderland
Circuit, Traralgon, Victoria, 3844 or by email at email@example.com.
6.4. Where the Warranty Claim is accepted then The Exquisite Few will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
6.5. The Warranty shall be the sole and exclusive warranty granted by The
Exquisite Few and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7.1. You acknowledge that the Purchase Services offered by The Exquisite Few
integrate delivery (the ' Delivery Services') through the use of third party
delivery companies (the ' Delivery Service Providers').
7.2. In providing the Purchase Services, The Exquisite Few may provide you with a
variety of delivery and insurance options offered as part of the Delivery
Services by the Delivery Service Providers. You acknowledge and agree that
The Exquisite Few is not the provider of these delivery and insurance options
and merely facilitates your interaction with the Delivery Service Providers in
respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, The Exquisite Few
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to firstname.lastname@example.org outlining in
what way the Products were damaged in transit so we are able to
determine if the Delivery Service Provider should be removed from the
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of The
Exquisite Few are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the ' Content') are owned or
controlled for these purposes, and are reserved by The Exquisite Few or its
8.2. The Exquisite Few retains all rights, title and interest in and to the Website and
all related content. Nothing you do on or in relation to the Website will transfer
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of The Exquisite Few; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of The Exquisite Few and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Content or third party contact for any purpose. This prohibition
does not extend to materials on the Website, which are freely available for reuse
or are in the public domain.
The Exquisite Few takes your privacy seriously and any information provided through
your use of the Application and/or the Purchase Services are subject to The Exquisite
10. General Disclaimer
10.1. You acknowledge that The Exquisite Few does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
10.2. The Exquisite Few will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) The Exquisite Few we will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of The
Exquisite Few (including the Delivery Services), is at your own risk. Everything
on Website, the Purchase Services, and the Products of The Exquisite Few,
are provided to you on an "as is" and "as available" basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees,
agents, contributors, third party content providers or licensors of The Exquisite
Few (including any third party where the Delivery Services are made available
to you) make any express or implied representation or warranty about its
Content or any products or Purchase Services (including the products or
Purchase Services of The Exquisite Few) referred to on the Website. This
includes (but is not restricted to) loss or damage you might suffer as a result of
any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. The Exquisite Few's total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase, then the total liability of The Exquisite Few is the
resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that The Exquisite Few, its affiliates,
employees, agents, contributors, third party content providers and licensors
shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11.3. The Exquisite Few is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website
or in connection with the Purchase Services, whether posted or caused by
users of the website of The Exquisite Few, by third parties or by any of the
Purchase Services offered by The Exquisite Few.
11.4. You acknowledge that The Exquisite Few does not provide the Delivery
Services to you and you agree that The Exquisite Few will not be liable to you
for any special, indirect or consequential loss or damage, loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by The
Exquisite Few as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to The Exquisite Few via the 'Contact Us'
(a) notifying The Exquisite Few at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where The Exquisite Few has made this option available to you.
link on our homepage.
12.3. The Exquisite Few may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) The Exquisite Few is required to do so by law;
(c) the partner with whom The Exquisite Few offered the Purchase Services
to you has terminated its relationship with The Exquisite Few or ceased to
offer the Purchase Services to you;
(d) The Exquisite Few is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by The Exquisite Few is, in
the opinion of The Exquisite Few, no longer commercially viable.
12.4. Subject to local applicable laws, The Exquisite Few reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts The Exquisite Few's
name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and The Exquisite Few have benefited from, been subject to
(or which have accrued over time whilst the Terms have been in force) or
which are expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify The Exquisite Few, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
A party to the Terms claiming a dispute (' Dispute') has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (' Notice') by that other party, the parties to the Terms
(' Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 7 days days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his
or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as "without prejudice" negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by The Exquisite Few is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to
the Website, you agree that the exclusive venue for resolving any dispute shall be
in the courts of Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of Victoria, Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding
to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.