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Terms & Conditions

These Terms & Conditions were last updated on 16 April 2025.

Welcome to THE ICONIC™. The website http://www.theiconic.com.au/ and https://www.theiconic.co.nz/ (inclusive of subdomains) and its associated features and mobile applications (“Site") is owned and operated by Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) (“THE ICONIC”, "we", "our", "us").

These Terms & Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and such changes will be effective as soon as they are made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms. We recommend that you read these Terms carefully each time you agree to them when you place an Order. We will endeavour to give you reasonable notice of updates to our Terms where such changes (in our reasonable opinion) may have a material detrimental impact to you.

CONTENTS

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (and must not attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

1.3 To access some features of the Site, such as creating wishlists, you must register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name and a valid email address. You must not register more than one Account. You should not create an Account if you are under 13 years old.

1.4 To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. You must also provide us with a shipping address. If you are under 18, you may only place an Order with the involvement of a parent or guardian - we do not sell products for purchase by children.

1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information and password secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.6 You must not use another person’s Account without our and the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact our Customer Service team and take immediate steps to re-secure your Account (including by changing your password).

1.7 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.

1.9 If you are a stylist, blogger, or influencer we kindly ask that you utilise our services via our exclusive PR forum. Please email [email protected] for collaboration opportunities.

2. INFORMATION ON THE SITE

2.1 The Site and the content on the Site are subject to copyright, trade marks and other intellectual property rights. These rights are owned by or licensed to THE ICONIC.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about certain products on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created, manipulated, augmented or chosen by us for promotional purposes, and may not be an exact representation of the products received.

3. ORDER AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable for in order to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service and we do not provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

3.4 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

3.5 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our Customer Service team immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.6 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the product (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);

(b) if we suspect that you might on-sell products in your Order to other consumers;

(d) if there has been an error in the imagery, price or product description on the Site; or

(e) if there has been an error by way of the wrongful inclusion of a product in a particular sale or promotion.

3.7 Subject to clause 3.8 below, until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the Order.

3.8 THE ICONIC also operates a marketplace platform that allows third party sellers who abide by our marketplace program to list and sell their products on our Site (“Marketplace Seller” or “Marketplace Partner”). If products on the Site are being sold by a third party, the Marketplace Seller may be responsible for delivery of those products, and subject to clause 4 of these Terms, THE ICONIC will display delivery details specific to those products at the checkout. THE ICONIC does not assume any title in any products purchased by you from a Marketplace Seller. In the event you wish to cancel your Order from a Marketplace Seller, you acknowledge there may be some instances where we are unable to promptly refund any payment already made to you to your original payment method as the Order may have already been accepted by the Marketplace Seller. We will of course refund the Order once it has been received by you and then returned in accordance with clause 8 of these Terms. For the avoidance of doubt, by buying a Marketplace Seller’s products, these Terms apply to your transaction.

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the estimated timeframe indicated by us when you place your Order, but we cannot absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only, and does not include Orders shipped by our Marketplace Sellers.

4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

4.3 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery providers may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the product(s) at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

4.4 By default, at the time of placing your Order you provide authority to leave products at the address specified in your Order. If the delivery provider deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to THE ICONIC Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.5 It might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

4.8 THE ICONIC actively seeks opportunities to consolidate packages for Orders. If you: (a) place multiple Orders within a certain period of time as determined by us; (b) the Orders are being shipped to the same delivery address; and (c) the Orders are being shipped by the same carrier (for example, all Orders are being shipped via standard post or all Orders are being shipped via express post), we will consolidate the Orders and ship your products to you in one package. If you have purchased a product from a Marketplace Seller, this product may be shipped by the Marketplace Seller and we will not be able to include such product(s) as part of your consolidated Order.

4.9 If you have paid Delivery Fees for one or more Orders that have been consolidated by us under clause 4.8, we will refund the Delivery Fees paid by you to your original payment method in the following scenarios:

(a) If the total value of your consolidated Orders is above the minimum value to be eligible for free standard shipping, we will refund you for any Delivery Fees that you have paid.

(b) If you have paid for premium shipping (such as Premium Swift, Premium Twilight, Express or Saturday Twilight) and the total value of your consolidated Orders is above the minimum value to be eligible for discounted premium shipping, we will refund you the higher amount of Delivery Fees that you have paid.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

5.2 If you wish to cancel your Order, please contact our Customer Service team. Once an Order has been processed, it cannot be cancelled and the product(s) must instead be returned to us in accordance with our returns policy.

6. NEW ZEALAND GST, CUSTOMS CHARGES, DUTIES AND FEES

As we are based in Australia and you are buying from an Australian company, we will charge you for your Order in Australian dollars. The actual price charged to New Zealand (“NZ”) customers will be subject to: (i) New Zealand GST; and (ii) the exchange rate applied by the payment provider you have used. You can find out more information at https://www.ird.govt.nz/gst. New Zealand GST is subject to change in accordance with changes to NZ law. Orders shipped to NZ valued at more than NZ$1000 may incur duties, customs charges and fees (including GST on duty / freight) charged by the NZ Customs Service once the Order reaches its destination port. These amounts must be paid by you directly to the NZ Customs service or its authorised service provider. Separate Orders placed on the same day may still be subject to the duties, customs charges and fees, as if they were one Order. You can calculate these expected duties, customs charges and fees using NZ Custom Service duty estimator. Note that the GST on the goods has already been collected at checkout. We are not responsible for and will not reimburse any of these duties, customs charges or fees. You should contact your local NZ Customs office or you can find out more information at NZ Custom Service GST and Duty FAQs. Thresholds and rates are subject to change in accordance with changes to NZ law. Additionally, your financial services provider or payment provider may charge currency conversion and administration fees on purchases and any refunds we provide. The exchange rate used to determine the quantum of the refund (in NZ dollars) shall be the prevailing rate at the time the refund is made (not the original exchange rate).

7. FAULTY PRODUCT RETURNS

7.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a fault or defect, please contact our Customer Service team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the returns process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the product.

7.2 If the product is confirmed to have a defect, we will replace (if a replacement product is in stock and available) or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to responsibly dispose of the product or return the product to you at your expense.

7.3 It does not constitute a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

7.4. Due to the nature of products in our Pre-Loved range, some products may be sold with imperfections and existing wear and tear. Any details of this nature listed on the relevant page of a product in the Pre-Loved range will not be classified as a defect.

8. CHANGE OF MIND RETURNS

8.1 In addition to your rights in relation to faulty products in clause 7, and subject to the restrictions set out in clause 8.2, you can return any product purchased from us provided that:

(a) the return is initiated in your Account and the return is placed in the post within 30 days of THE ICONIC’s Order confirmation email (or longer promotional return period, if applicable);

(b) the product is unworn, unused and in a saleable condition with the original tags still attached (unless the product is part of the Pre-Loved range, in which case it needs to be returned in the condition it was sold);

(c) the product is in its original packaging, which must be in the original condition. For the avoidance of doubt, the product must, where applicable, be returned: (i) in the box or packaging in which we sent the product to you; (ii) in its sealed box; (iii) with its branded dust bags; (iv) with all original protective plastic packaging; and (iv) with any care instructions and authentication certificates that accompanied the original packaging; and

(d) it has not been specifically excluded from the change of mind returns policy which will be communicated to you prior to the completion of your Order, for example, ‘Final Sale’ products and products excluded for hygiene or other reasons. The exclusion will be noted on the relevant product page on our Site and / or at checkout.

8.2 Please note that products sealed for hygiene reasons (e.g. jewellery, watches, swimwear, hair accessories, earphones, certain beauty and grooming products) can only be returned under our change of mind returns policy if the seal is intact and where the product has not been specifically excluded from the change of mind returns policy. This excludes underwear and earrings which cannot be returned, unless deemed faulty, or if you otherwise have a remedy under the Australian Consumer Law. Certain types of beauty products cannot be returned if they are opened and/or used (unless faulty).

8.3 We reserve the right to refuse any return of a product for change of mind if you have not complied with the requirements set out in clauses 8.1 and 8.2. This excludes returns of products that are faulty or which you are otherwise entitled to return under the Australian Consumer Law. To ensure these returns are assessed and processed swiftly, please follow the instructions set out under ‘How do I lodge a return?’

8.4 Upon receipt and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clauses 8.1 and 8.2, we will either:

(a) refund the price of the product to your original payment method;

(b) provide you with a store credit worth 100% of the price of the product returned; if you have used store credit or gift cards to pay for the full price, we will only reinstate the original amount of store credit. If you have used store credit or gift cards to pay for part of the price, we will reinstate the original amount of store credit you have used and offer you the store credit that is worth 100% of the non-store credit or non-gift cards payments you have made for the product returned; or

(c) exchange the product for another size, subject to availability. Please note that products can only be exchanged with products that are shipped from the same location i.e. only products shipped from THE ICONIC Fulfilment Centre can be exchanged with other products from THE ICONIC Fulfilment Centre location, and only products shipped from a Marketplace Seller can be exchanged with other products from the same Marketplace Seller location.

8.5 We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the products back to us. If the return, in our reasonable opinion, is not in compliance with clause 8.1, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.

8.6 We offer a flexible change of mind returns policy to streamline your shopping experience. We monitor return rate frequency and value for fraud, abuse and general security purposes. Subject to our Fair Use policy set out in clause 9, if we detect that your Account has elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders with us.

8.7 Nothing in this clause is intended to exclude any rights in clause 7 or any of your statutory rights as a consumer under the Australian Consumer Law.

8.8 While we understand that on occasion incorrect items, including items from other companies and/or your personal items, may be returned to us by mistake, we are not responsible for these items and accept no Liability if we’re unable to locate them. If we are able to locate them and you want the items returned to you, we reserve the right to return them to you at your cost.

9. FAIR USE

9.1 We monitor return rates and the frequency of customer claims of lost, missing or damaged products for fraud, abuse and general security purposes. In the event of elevated or excessive volumes of returns or customer claims of lost, missing or damaged products, we reserve the right to withhold issuing a refund, investigate, set return frequency limits and restrict or deactivate your Account and any associated Accounts if we suspect fraudulent, unusual or suspicious activity with your Account.

9.2 Such fraudulent, unusual, excessive returns or suspicious activity in clause 9.1 includes but is not limited to:

(a) frequent and substantial amounts of return activity, unusual patterns of returns activity, multiple claims relating to Orders not being received or multiple claims relating to missing products;

(b) recurring non-compliance with our returns/refund policy; or

9.3 If your Account has been limited, restricted or deactivated and you wish to make a valid return, please refer to the email sent to you or reach out to our Customer Service team via our Contact page. You will be responsible for the cost of returning the products. Upon receiving your return, we will conduct the usual inspection and quality checks to process your return.

9.4 Nothing in this clause is intended to exclude any of your rights in clause 7 with regards to faulty product returns or any of your statutory rights as a consumer under the Australian Consumer Law.

9.5 If for any reason your account has been restricted or deactivated incorrectly, please reach out to our Customer Service team via our Contact page.

10. VOUCHERS, GIFT CARDS AND STORE CREDIT

Gift Card Supply Terms and Conditions

10.1 You may use vouchers/promo codes or gift cards as payment for certain products on the Site. Gift cards are available for purchase on the Site or via selected retailers. Vouchers and promo codes are available on the Site or through other marketing providers. Only one voucher or promo code can be used per Order, but multiple gift cards can be used per Order. We may email vouchers and electronic gift cards to you or to your selected recipient. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your vouchers and gift cards - you should treat them like cash. We assume no Liability for the loss, theft or to the extent permitted by law illegibility of vouchers or gift cards, including if gift cards are used without your permission, if your email is hacked or subject to unauthorised use. We monitor the issuance and redemption of vouchers or gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your Account and/or require a different means of payment. We may block gift cards if notified by law enforcement that gift cards have been fraudulently obtained.

10.2 Conditions for the redemption of vouchers/promo codes include:

(a) From time to time we may release vouchers/promo codes that may be used on the Site. Vouchers/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one voucher/promo code can be used per Order, and some vouchers/promo codes may only be used once per voucher/promo code. Vouchers/promo codes cannot be used in addition to another voucher/promo code.

(b) Certain products, including particular brands or products supplied by a Marketplace Seller, may be excluded from voucher/promo code promotions, and unless specifically stated otherwise, vouchers cannot be redeemed for Delivery Fees.

(c) Vouchers/promo codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer).

(d) We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible products in order to determine the final price you pay for those products. Where you return a product purchased with a voucher/promo code, we will only refund the final price you paid for that product.

(e) We actively monitor misuse of vouchers/promo codes and reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.

10.3 Conditions for the redemption of gift cards include:

(a) You may purchase gift cards for use on the Site by you or other customers. Gift cards can be redeemed at the checkout or added as store credit to your Account. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.

(b) Gift card purchases may be subject to security checks from time to time, resulting in longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program.

(c) Gift cards are valid for 36 months (3 years) from the purchase date. Any unredeemed balance that remains on a gift card after this 36 month period will be voided and will not be available for use.

(d) The credit on a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the gift card instructions for use.

(e) If you place an Order less than the value of the gift card, the residual credit will be added to your store credit and can be used for future purchases, but the residual credit cannot be redeemed for cash. The residual credit will remain redeemable for 36 months from the date on which the gift card was purchased. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher/promo code per Order.

10.4 Conditions for using store credit include:

(a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other Accounts.

(b) We will apply store credit on a pro-rata basis across all products in an Order.

(d) Store credit is valid for 36 months (3 years). Any balance that remains after the 36 months will be voided and will not be available for use.

(e) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further products with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those products - you will not be able to refund or return those further products for cash.

10.5 If you cancel or return products purchased using a gift card or store credit:

(a) the refund value of a product is the final price you paid for that product; and

(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits (on a per product basis). For example, where total Order price is paid:

(i) entirely by gift cards or store credits - refunds are offered as store credit only;

(ii) entirely by ‘cash’ - refunds offered as 100% store credit or ‘cash’ (at your election); or

(iii) 20% gift cards or store credits and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on a per product basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

10.6 If you cancel or return only certain products purchased in bundle deals or multi-buy promotions, any products you don’t return will be charged at full price, and the refund amount will be reduced accordingly.

11. PRICE MATCHING

11.1 We strive to match our prices with other online retailers who stock the same products. If you see the same product online cheaper (including the full price for the product, applicable taxes, and any other additional charges, including delivery charges for the product to be shipped individually to the same customer address), let us know by contacting our Customer Service team, and we will do our best to match the price by offering a voucher for such difference in price (for one product only, per customer, per competitor, per day). We reserve the right to determine who is a comparable online retailer when making a determination on the eligibility for a price match voucher. We will require a URL link as well as a screenshot image of the product from our Site, as well as the other online retailer for us to review, and we will make a determination on the eligibility for a price match voucher. A few guidelines include:

(a) The product must be identical.

(b) The product must be available in stock (same colour, size, features) and available online in the state or territory in which you are located.

(c) Prices must be shown on a website marketed to consumers located in Australia or NZ that is operated by a company, whose details appear on the web page, with an active ABN, ACN or NZBN.

(d) Prices must be quoted in the same currency (without the need for a currency converter).

(e) We will not price match against VIP offers / stackable offers / loyalty only offers.

(f) We will not price match against discounted, flash, group buying or marketplace sites.

(g) We will not price match against clear pricing errors made on other sites.

(h) We will not price match products in our Pre-Loved range.

(i) We will not price match certain products as noted in our FAQs.

11.2 We do not offer ‘price matching’ or ‘price protection’ in respect of products appearing on our own Site. For example, if you buy a product that later goes on sale, we do not offer refunds to your original purchase price to discount it to the sale price. This includes where there may be different prices for different sizes for the same product on our Site due to products being fulfilled both from THE ICONIC Fulfilment Centre and one of our Marketplace Sellers.

12. SPECIFIC PROMOTIONS

12.1 From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, promotions run by other parties, games of chance or games of skill. These promotion-specific terms will be presented here.

12.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

12.3 We also undertake joint promotions with third parties from time to time. You should consult the terms of those programs for full details of such specific joint promotions.

13. USER-GENERATED CONTENT

13.1 From time to time we may reach out to our customers via social media to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.

13.2 By responding to our post and using the required hashtag, you acknowledge and agree that:

(a) You comply with the terms and conditions of the platform you are using to create that Content;

(b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;

(d) THE ICONIC may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and

(e) You are solely responsible for your Content and will not seek to hold THE ICONIC liable for any demands by a third party related to our use of your Content.

13.3 You may revoke your permission for us to use your Content at any time by sending a request to [email protected]. Upon receiving such a request, we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

13.4 All customers must abide by our community guidelines at all times https://www.theiconic.com.au/playbook/sustainability-community-guidelines/ including when dealing with our Customer Service team. In the event of a suspected breach of these guidelines, or any of these Terms, we reserve the right to block your Account.

14. LINKS ON THE SITE

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:

(a) we make no representations or warranties, or have any responsibility or liability for those websites; and

(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

You agree that you access and use the products and services made available at those sites solely at your own risk.

15. DISCLAIMER AND LIABILITY

15.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or

(b) otherwise in relation to these Terms or the entering into or performance of these Terms.

15.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our Breach of Duty;

(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or

(d) any other Liability which cannot be excluded or limited by applicable law.

15.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

15.4 Subject to clause 15.3:

(a) To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

(e) All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.

(f) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

(g) Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

16. INDEMNITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

17. PRIVACY POLICY AND MARKETING MESSAGES

You acknowledge that you have read our Privacy Policy and understand that it governs your use of the Site and the Site’s related services, including purchasing goods and services from us using the Site. We may also send you messages and communicate with you electronically as set out in the Privacy Policy.

When you provide us with your email address or mobile phone number, you agree that we may send you electronic marketing messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by us via those channels or media. Your agreement to receive electronic marketing messages will be effective until you opt out or unsubscribe.

You may opt out of receiving electronic marketing messages sent by us by: (i) using the unsubscribe facility in any electronic marketing message; (ii) via your Account settings; (iii) contacting us directly; or (iv) as otherwise set out in our Privacy Policy. If you opt out of receiving electronic marketing messages, you will still receive information we are required by law to provide to you, or factual information directly about your Account, Order confirmations, Account transactions or other information relating to products you have purchased or services you have used.

Your consent to receipt of certain communications may also be implied from the use of certain functional aspects of our service.

18. DISPUTE RESOLUTION

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.

19. GENERAL

19.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

19.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

19.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

19.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

19.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

19.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of THE ICONIC, its subsidiaries, any holding companies of THE ICONIC, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

19.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

19.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

19.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales, Australia and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

20. DEFINITIONS AND INTERPRETATION

20.1 Definitions
In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;

Breach of Duty means the breach of any:

(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or

(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and

“THE ICONIC”, "we", "our", "us" means Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

20.2 Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

(d) References to “includes” or “including” or like words or expressions shall mean without limitation.

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