Terms and Conditions
Website, Services & Atelier Stefani Products:
The Website is owned by Atelier Stefani.
The images of Atelier Stefani products on the website are for illustrative purposes only. Although we attempt to be as accurate as possible in the description of Atelier Stefani products, through the photographs and other images featured on the site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Atelier Stefani product when you receive it.
Any information on the site regarding sizing of Atelier Stefani products is included as a guide only. If you are in any doubt as to the size of any Atelier Stefani product you require, we recommend that you contact us prior to placing an order (see contact page).
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
Atelier Stefani products sold on our website are supplied for your domestic and private use only. You agree that you will not use Atelier Stefani products for any commercial, business or re-sale purposes, unless discussed and agreed on separate terms in advance. Atelier Stefani has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Order & Availability
Atelier Stefani products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Pay Now” button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy an Atelier Stefani product. All orders are subject to acceptance. Atelier Stefani is not obliged to accept your order and may, at our respective discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Pay Now” button, you enter into an obligation to pay for Atelier Stefani product(s). Where your order is accepted, we will confirm such acceptance to you by sending you an email that confirms that the Atelier Stefani product has been despatched (“Despatch Confirmation”). The Contract between you and Atelier Stefani in relation to Atelier Stefani product(s) ordered will only be formed when we send you the Despatch Confirmation. After entering into the contract, Atelier Stefani will be under a legal duty to supply you with goods that are in conformity with the contract.
The contract will relate only to Atelier Stefani product(s) whose despatch has been confirmed in the Despatch Confirmation. There will be no obligation to supply any other Atelier Stefani product(s) which may have been part of your order until the despatch of such product(s) has been confirmed in a separate Despatch Confirmation.
Delivery
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation. Atelier Stefani shoes are made to order. Please allow a delivery time of 6-8 weeks.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to a PO Box or similar addresses.
Atelier Stefani products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
If you order Atelier Stefani product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, you will be responsible for reclaiming duty directly from your local customs office.
Please also note that you must comply with all applicable laws and regulations of the country for which Atelier Stefani product(s) are destined. We will not be liable for any breach by you of any such laws.
Risk & Ownership:
Atelier Stefani product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of Atelier Stefani product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of Atelier Stefani product(s), including any delivery charges, has been received.
Price & Payment:
The price of Atelier Stefani products is as quoted on the Site or in case of customisation as quoted individually in response to requests. Custom products require more work time and based on materials, design and size of the product(s) they will be quoted individually.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Atelier Stefani products will not be despatched until this preauthorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Return Policy
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Returned Atelier Stefani products must conform to our returns policy below.
You have a legal obligation to take reasonable care of Atelier Stefani products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:
Atelier Stefani products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags; footwear and accessories should be returned in the original boxes provided and inside a protective shipping box.
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of Atelier Stefani product(s) up to the full price of them.
Returns and refunds for customised Atelier Stefani products:
You cannot cancel a contract for the supply of any Atelier Stefani products that have been personalised or made to your own bespoke specifications unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.
Due to the nature of personalised Atelier Stefani products, returns, changes or cancellations are at our discretion. In exercising this discretion Atelier Stefani will have regard to the level of customisation and personalisation and also reserve the right to offer a store credit rather than a monetary refund. Store credit is valid for 6 months from the date of issue. This does not affect your statutory rights. Please note, that personalised and/or customised Atelier Stefani products may have a long lead in time before shipping, but payment of 50% deposit will be taken at the time you submit your order and payment of the balance once your product is finished in advance of shipping.
Returns Process:
We recommend that you return Atelier Stefani products in their original packaging to ensure the necessary protection when in transit. Instructions for the return of Atelier Stefani product(s) will be included with the delivery package.
Except in relation to customised Atelier Stefani products (as set out above), you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the Atelier Stefani products (“cooling-off period”).
To cancel a contract, you must clearly inform us, preferably:
by email at hello@atelierstefani.com or by telephone on +61 420 357 501, giving us your name, address and order reference; and by completing and returning the cancellation form in the tab below and sending it to the address set out in the form.
If you cancel an order (or part of an order) during the cooling off period, you must return Atelier Stefani product(s) within 10 days after the day on which you notify us of the cancellation and comply with the Returns Policy.
If you cancel a contract between us within the 14 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case within 14 days after the day on which we receive Atelier Stefani product(s) back or if earlier, the day on which we receive your returned Atelier Stefani product(s).
We will refund the price of Atelier Stefani product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to Atelier Stefani product(s). However, we will not refund your cost of returning Atelier Stefani product(s) to us, and you are responsible for those costs. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
Please note that you have 30 days to contact us upon your return to ensure that we have acknowledged it and received the Atelier Stefani product. If you contact us after this 30 days period, we cannot guarantee a refund.
Intellectual Property Rights
All intellectual property rights in any content of the site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) (“Content”) are owned by Atelier Stefani. The rights in the website and the content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database rights. All such rights are reserved.
Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by Atelier Stefani and you acknowledge that you do not acquire any ownership rights by downloading content from the site. In the event you print off, copy or store pages from the site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
Stefanie Schoeninger is the registered owner of the trade mark Atelier Stefani registered or to be registered in any country throughout the world from time to time.
The trade mark and trade name under which Atelier Stefani‘s business is carried on are owned by Stefanie Schoeninger together with all logos, designs, symbols, emblems, insignia, fascia, slogans, copyrights, patents, know-how, information, drawings, plans and other identifying materials (whether or not registered or capable of registration) and all other proprietary rights or all vested contingent and future rights of copyright whatsoever owned or available to Stefanie Schoeninger and/or Atelier Stefani adopted or designated now or at any time hereafter by Stefanie Schoeninger and/or Atelier Stefani whether now known or in the future created to which Stefanie Schoeninger and/or Atelier Stefani is now or may at any time after the date of these terms and conditions be entitled by virtue of or pursuant to any of the laws in force in each and every part of the world for use in connection with the site and/or Atelier Stefani products and ancillary to the ownership of the trade mark and the trade name and in respect of which Atelier Stefani is licensed for use in connection with the site (the “proprietary mark”).
Content:
We may change the format and content of the site from time to time. You agree that your use of the site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the site (other than any usergenerated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the site or relying on any of its content. We cannot and do not guarantee that any content of the site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Our Liability:
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Nothing in these terms and conditions shall limit or exclude our liability to you:
for death or personal injury caused by our negligence; for fraudulent misrepresentation; for breach of any term implied by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant Atelier Stefani product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control.
An event outside of our reasonable control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: we will contact you as soon as reasonably possible to notify you; and our obligations to you will be suspended for the duration of the event. Where the event affects delivery of Atelier Stefani products to you, we will contact you to arrange a new delivery date after the event is over.
Ethical sourcing Policy
As reputable and trusted businesses committed to offering their customers high quality products, Atelier Stefani has an obligation to ensure that all suppliers are operating ethically. Atelier Stefani expects all suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
Atelier Stefani will never knowingly allow a supplier to offer Atelier Stefani products on the site if such products are sourced from countries which are in breach of these principles. Atelier Stefani also looks to suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual. However, Atelier Stefani recognises the importance of being proactive and doing everything within their power to support the rights of those involved in the manufacture and supply of Atelier Stefani products.
General:
You may not transfer or assign any or all of your rights or obligations under any contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If you breach these terms and conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of the sections and paragraphs of these terms and conditions operates separately. If any provision of these terms and conditions is found to be unlawful or unenforceable, all other provisions shall remain in full force and effect.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by Australian law, and all disputes or claims arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law.
Any dispute (including non-contractual disputes or claims) concerning these terms and conditions shall, subject as provided below, be submitted to the exclusive jurisdiction of the Australian courts. Nothing in these terms and conditions shall limit the right of Atelier Stefani to take proceedings against you in any court worldwide for injunctive and other remedies to the extent permitted by the law of such other jurisdiction.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. Please see the contact section for details of how to get in touch.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to hello@atelierstefani.com or write to us at:
Atelier Stefani
367B Pittwater Road
North Manly, Sydney
NSW 2100
Australia
Cancellation Form:
To Atelier Stefani, 369 Pittwater Road, North Manly/Sydney, NSW 2100, Australia
Or by email to: hello@atelierstefani.com
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:
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Ordered on* / received on*: ………………………………..
Names of consumer(s): …………………………………….
Address of consumer(s): …………………………………..
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Signature of consumer(s) (only if this form is notified on paper): …………………………………
Date: …………………………………
*Delete as appropriate
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