Terms & Conditions

These terms set out the agreement for online trading between AMY NEW ("AMY NEW") and the user of this website ("You/Your") Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

This Website is owned and operated by AMY NEW.

 

Your Use of the Website

You agree that You will use this Website in accordance with these terms and conditions and that You will not use this Website for any unlawful purpose.

You will not violate or attempt to violate the security of this Website. You will not hack into this Website, AMY NEW computer systems or the computer systems of other users of this Website. Hacking means unauthorized access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer.

By entering this Website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. AMY NEW reserves the right to change this Agreement at any time. Any such changes will be posted on this Website.

 

Placing an Order and Payment

By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.

Payment must be made at the time of submitting the Purchase Order. Payment can be made by Visa, MasterCard, Amex or PayPal only. You warrant that You are an authorized user of the credit card or PayPal account used to complete payment.

All Purchase Orders placed through this Website are subject to confirmation and acceptance by AMY NEW. We will email you with confirmation of the receipt of Your Purchase Order. AMY NEW may reject Your Purchase Order for any reason and refund any payment made by You, at any time prior to dispatch.

The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to AU Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in US Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

Spell Designs may vary prices in the event of price changes or mistakes on this Website without prior notice to You. If Spell Designs requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase.

 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AMY NEW reserves the right at any time after receipt of your order to accept or decline your order for any reason.  Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

 

Pricing

Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. Countries with the nominated currencies of USD, GBP or EURO will be charged in these currencies. All other non-specified currencies are charged in AUD – the prices showing on the website are approximate and the actual exchange rate charged on your credit card are set by your bank or credit card provider.

 

Returns

Due to all of our gowns and accessories being Made to Order to your measurements and height, we do not accept returns.

All of our pieces are handmade in our studio and undergo strict quality control before they are shipped. In the unlikely event that there is a fault with your gown or item, please contact us at amynewbespoke@gmail.com within 7 days of receipt of your order.

 

Cancellation Fee

In the case of an unforeseen event you need to cancel your order, you can only do so provided your gown hasn’t begun production. There is a $250 cancellation fee to cover the cost of administration, fabric allocation, pre-production and pattern preparation associated with your order. You must contact info@amynew.com to discuss the circumstances surrounding the cancellation well in advance of your production date.

 

Colors

We are committed to accurately displaying the colors of an item. However, colors may vary based on your monitor’s display setting; consequently, we cannot guarantee any color as shown on your monitor. We offer a Fabric Swatch service upon request, so you can see your chosen gowns' fabric before we begin production, please enquire.

 

Delivery

The delivery times provided by this Website are estimates only however, all orders require a minimum of 8-10 weeks to manufacture and deliver. AMY NEW will not be held accountable for late deliveries or loss or damage relating to late deliveries.  For further information on deliveries please refer to our ‘'Shipping’ page.

 

International Customs Charges

Some orders may incur a customs or import duty charge. AMY NEW does not have control over these charges and are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office. All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and AMY NEW will not pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and AMY NEW will not be held responsible for any loss of funds as a result of this occurrence.  

 

Limitation of liability

To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If AMY NEW is liable for breach of an imposed guarantee or implied warranty or representation, AMY NEW’s liability is, at its option limited to the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired.

AMY NEW has provided information on this website as accurately as possible. We take all reasonable care - in so far as it is in our power to do so - to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.

 

Intellectual Property

AMY NEW owns the intellectual property in its garment designs, fabric designs and images. AMY NEW prohibits the use of its designs and images for any purpose without prior written permission from AMY NEW.

Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual and personal use no part of this Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by AMY NEW or by other parties that have licensed their material to AMY NEW. AMY NEW trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by AMY NEW.

All rights not expressly granted are reserved.

This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under AMY NEW direct control and AMY NEW accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to this Website).

You acknowledge that AMY NEW is entitled to require you to remove any link from another website to this Website which you install without obtaining AMY NEW prior written consent.

 

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied.

 

Entire agreement

This Terms of Sale and Use of Website Agreement together with the other policies on this Website are the entire agreement between us.