Terms and Conditions

Last Updated: June 06, 2025

Welcome to Annys Fashion Empire! These Terms and Conditions (“Terms”) govern your access to, and use of the Annys Fashion Empire website located at www.annysfashion.com.au (the “Site”). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“you” or “user”) and ANNYSFASHION (“we,” “us,” or “our”), a business located at St Marys, Sydney 2760, in New South Wales, Australia. These Terms apply to all visitors, users, and others who access or use the Site. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

2. Description of Services

Annys Fashion Empire is an e-commerce platform that offers a variety of goods, items, and services for purchase. The Site provides users with the ability to:

• Browse and view products
• Create and manage personal accounts
• Purchase goods, items, or services through one-time payments
• Create, upload, post, and share content (where applicable)
• Interact with the Site and other users
• Participate in promotions, contests, and sweepstakes

We reserve the right to modify, update, suspend, or discontinue any aspect of the Site or our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, update, suspension, or discontinuance of the Site or our services.

3. Account Creation

• Eligibility: To create an account, you must be at least 18 years of age or the age of majority in your jurisdiction and have the legal capacity to enter a binding contract. By creating an account, you represent and warrant that you meet these eligibility requirements.
• Account Information: You agree to provide accurate, current, and complete information during the registration process, including your name, email address, and any other required details. You further agree to promptly update your account information to keep it accurate, current, and complete. You are solely responsible for the accuracy of the information you provide to us.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account, whether you authorized them. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
• Account Termination: We reserve the right to suspend or terminate your account, with or without cause, and without prior notice, if we believe that you have violated these Terms, our Privacy Policy, or any applicable law or regulation, or if we determine, in our sole discretion, that your conduct is inappropriate or harmful to the Site, our business, or other users. We may also terminate your account due to prolonged inactivity.
• Account Deactivation: You may deactivate your account at any time by following the instructions on the Site. Upon deactivation, your account will be disabled, and you may lose access to certain features and content. We may retain your account information for archival purposes or as required by law.

4. Purchases and Payments

• One-Time Payments: You may purchase goods, items, or services from the Site through a one-time payment. By placing an order, you agree to pay the price indicated for the selected goods, items, or services, plus any applicable taxes and shipping fees.
• Payment Methods: We accept various payment methods as indicated on the Site, which may include credit cards, debit cards, and other online payment options. You agree to provide accurate, current, and complete payment information. You represent and warrant that you are authorized to use the payment method you provide.
• Order Process:
  • Order Placement: Your order constitutes an offer to purchase the goods, items, or services.
  • Order Confirmation: Upon placing an order, you will receive an order confirmation, typically via email. This order confirmation acknowledges that we have received your order but does not constitute our acceptance of it.
  • Order Acceptance: We reserve the right to accept or reject your order for any reason, including but not limited to:
    • The unavailability of goods, items, or services
    • Errors in pricing or product descriptions
    • Our inability to process your payment
    • Suspicion of fraud or unauthorized transactions
    • Shipping restrictions
    • Any other reason at our sole discretion
  • Order Cancellation: We may cancel your order at any time before it is shipped or fulfilled. If we cancel your order, we will provide you with a refund of any amounts paid. You may also have the right to cancel your order under certain circumstances as described on the Site.
• Pricing and Availability: All prices displayed on the Site are in the currency specified and are subject to change without notice. We strive to provide accurate pricing information, but we are not responsible for typographical errors or other inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. The availability of goods, items, or services is also subject to change without notice.
• Taxes: You are responsible for any applicable taxes, including sales tax, use tax, or other governmental taxes or fees, associated with your purchases. We will collect and remit taxes as required by law.
• Shipping and Delivery:
  • Delivery Timeframes: We will make reasonable efforts to deliver purchased goods, items, or services to you within the timeframe specified on the Site or in your order confirmation. However, we are not responsible for delays in delivery caused by events beyond our reasonable control, such as:
    • Shipping carrier delays
    • Customs delays
    • Natural disasters
    • Strikes or other labour disputes
    • Supply chain disruptions
  • Shipping Costs: Shipping costs will be calculated and displayed at checkout. You are responsible for paying all shipping and handling charges.
  • Delivery Address: You are responsible for providing an accurate and complete delivery address. We are not liable for any delays or failures in delivery due to inaccurate or incomplete addresses.
  • Risk of Loss: The risk of loss and title for purchased goods, items, or services pass to you upon our delivery to the carrier.
• Returns and Refunds:
  • General Policy: All sales are final. We do not accept returns or provide refunds unless otherwise required by law or as explicitly stated in our specific return policy for certain products or services.
  • Exceptions: In some cases, we may offer returns or refunds for defective or damaged goods, or if the goods, items, or services do not conform to the description provided on the Site. Any such returns or refunds will be subject to our specific return policy and any applicable legal requirements.
  • Return Process: To initiate a return, you must contact us within the specified timeframe and provide us with the necessary information, such as your order number, a description of the issue, and any supporting evidence. We will provide you with instructions on how to return the goods, if applicable.
  • Refund Process: If a refund is approved, we will process it within a reasonable timeframe using the original payment method.

5. User Content

• Content Creation and Upload: The Site may allow you to create, upload, post, or otherwise submit content, including but not limited to text, images, videos, audio, graphics, and other materials (“User Content”). You are responsible for ensuring that your User Content complies with these Terms and any applicable laws or regulations.
• Ownership of User Content: You retain ownership of your User Content. However, by creating, uploading, posting, or submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, now known or hereafter created, for any purpose, including commercial purposes, without any obligation to compensate you or attribute the User Content to you. This license includes the right for us to make your User Content available to other users of the Site.
• Responsibility for User Content: You are solely responsible for your User Content and the consequences of creating, uploading, posting, or submitting it. You represent and warrant that you have the necessary rights, licenses, and permissions to grant us the rights granted in this section and that your User Content does not violate these Terms or any applicable laws or regulations.
• Prohibited Content: You agree not to create, upload, post, or submit any User Content that include and is not limited to:
  • Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Infringes any patent, trademark, copyright, trade secret, or other intellectual property right of any third party.
  • Contains viruses, malware, or other harmful code that may damage, disrupt, or interfere with the operation of the Site or any other computer system or network.
  • Is used to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Contains any private information of a third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers, without that third party’s explicit consent.
  • Violates any applicable law or regulation, including, without limitation, laws relating to privacy, data protection, and export control.
  • Promotes illegal activities or provides instructions on how to engage in illegal activities.
  • Is sexually explicit or exploits, abuses, or endangers children.
  • Is false, misleading, or deceptive.
  • Is designed to disrupt, interfere with, or gain unauthorized access to the Site or any other computer system or network.
• Our Right to Remove Content: We reserve the right, but not the obligation, to review, monitor, edit, refuse to post, or remove any User Content at any time, with or without cause, and without prior notice, if we believe that such User Content violates these Terms, our Privacy Policy, or any applicable law or regulation, or if we determine, in our sole discretion, that such User Content is objectionable, harmful, or inappropriate. We may also take action to terminate or suspend your account if you violate our content policies.
• Content Moderation: We may implement content moderation practices and procedures to ensure that User Content complies with these Terms and our community standards. These practices may include automated filtering, manual review, and user reporting mechanisms. However, we do not guarantee that all User Content will be reviewed or that we will be able to prevent the posting of objectionable content.
• Copyright Infringement: If you believe that your copyrighted work has been infringed on our Site, please follow the procedures outlined in our Digital Millennium Copyright Act (DMCA) Notice in Section 14.

6. Intellectual Property

• Our Ownership: The Site and its contents, including but not limited to the logo, visual design, trademarks, service marks, trade names, text, graphics, images, audio, video, software, code, and other materials (“Our Content”), are our exclusive property or the property of our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
• Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Our Content for your personal, non-commercial use only, subject to these Terms.
• Prohibited Activities: You may not:
  • Reproduce, modify, distribute, display, perform, publish, transmit, create derivative works from, or otherwise exploit any part of the Site or Our Content without our express prior written consent.
  • Use any automated means, including robots, spiders, or scrapers, to access or collect data from the Site.
  • Reverse engineer, decompile, or disassemble any software or other technology used to provide the Site.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Site or Our Content.
  • Use the Site or Our Content for any commercial purpose without our express prior written consent.
  • Infringe our intellectual property rights or the intellectual property rights of any third party.
• Trademarks: The trademarks, service marks, and logos displayed on the Site are our registered and unregistered trademarks. You may not use our trademarks without our prior written consent.

7. Feedback and Suggestions

We welcome your feedback, suggestions, comments, and ideas about the Site and our services (“Feedback”). However, you acknowledge and agree that any Feedback you provide to us will become our exclusive property. We may use your Feedback for any purpose, commercial or otherwise, without any obligation to compensate you or provide you with any credit or attribution. You hereby assign to us all right, title, and interest in and to any Feedback you provide.

8. Promotions, Contests, and Sweepstakes

We may offer promotions, contests, and sweepstakes on the Site from time to time. Each promotion, contest, or sweepstake will be subject to its own set of official rules and terms, which will be provided to you at the time of entry. By participating in any promotion, contest, or sweepstake, you agree to abide by the applicable rules and terms, which may include eligibility requirements, entry deadlines, prize details, and other conditions. We reserve the right to modify or cancel any promotion, contest, or sweepstake at any time.

9. Disclaimer of Warranties

THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ITS CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PROVIDED ON THE SITE WILL BE COMPLETE, ACCURATE, OR UP TO DATE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED ON THE SITE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING OR USING THE SITE.

THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SITE AND OUR SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Site, your User Content, your violation of these Terms, or your violation of any rights of another, including but not limited to:

• Your breach of any representation or warranty made by you in these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of any intellectual property right of us or any third party.
• Any claim that your User Content caused damage to a third party.

You agree to cooperate fully in the defence of any such claim and to provide us with all information and assistance reasonably requested by us. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will still be required to cooperate with us in asserting any available defences.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, for the resolution of any disputes arising out of or relating to these Terms or your use of the Site. You hereby waive any objection to such jurisdiction or venue.

13. Links to Third-Party Websites

The Site may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites. We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.

14. Digital Millennium Copyright Act (DMCA) Notice

We respect the intellectual property rights of others. If you believe that your copyrighted work has been infringed on our Site, please provide our designated copyright agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated copyright agent for notice of alleged copyright infringement is:

ANNYSFASHION

Email: [email protected]

Upon receipt of a valid DMCA notice, we will take steps to remove or disable access to the infringing material and notify the copyright owner. We may also terminate the accounts of users who are repeat infringers.

15. Privacy Policy

Your use of the Site is also subject to our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy explains how we collect, use, and disclose your information. We encourage you to read our Privacy Policy carefully to understand our practices. You can review our Privacy Policy at www.annysfashion.com.au/privacy-policy.

16. Modifications to Terms

We reserve the right to modify these Terms at any time, with or without cause, and without prior notice. We will post any changes to these Terms on the Site, and the “Last Updated” date at the top of these Terms will indicate when the changes become effective. We may also provide you with additional notice of significant changes, such as by email or through a prominent notice on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.

17. Termination

We may terminate your access to the Site, your account, or your use of any services at any time, with or without cause, and without prior notice, if we believe that you have violated these Terms, our Privacy Policy, or any applicable law or regulation, or if we determine, in our sole discretion, that your conduct is inappropriate or harmful to the Site, our business, or other users. We may also terminate your access due to prolonged inactivity or technical issues.

Upon termination, your right to use the Site will immediately cease. We will not be liable to you or any third party for any termination of your access to the Site. Any provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, Sections 5 (User Content), 6 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Governing Law and Jurisdiction).

18. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck, and the remaining provisions shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer our rights and obligations under these Terms, in whole or in part, at any time without your consent.

21. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by events beyond our reasonable control, including but not limited to:

• Natural disasters, such as earthquakes, floods, or fires
• Acts of God
• War, terrorism, or civil unrest
• Strikes or other labour disputes
• Internet outages or other technical failures
• Government actions or regulations

Our performance under these Terms shall be suspended for the period of such event, and we shall be entitled to a reasonable extension of time for the performance of our obligations.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior and contemporaneous agreements, understandings, and representations, whether oral or written, between you and us.

23. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

ANNYSFASHION

Email: [email protected]