Terms and Conditions
PURCHASE AND SHIPPING TERMS
Thank you for shopping with Le Ciel Sleepwear. We would like you to read our Purchase and Shipping Terms carefully to ensure that you are fully aware of your rights when purchasing products (the Products) from our website.
Your order signifies your agreement to be bound by these Purchase and Shipping Terms, which constitute the agreement between Le Ciel Sleepwear ABN 71976311418 trading as Le Ciel Sleepwear (we, us, our or Le Ciel Sleepwear) and you.
Le Ciel Sleepwear reserves the right to review and cancel orders at any time.
You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.
You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Le Ciel Sleepwear is not obliged to re-send the order to the correct address at our own expense.
All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST. Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.
We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.
Le Ciel Sleepwear accepts payment via credit card (Visa/Mastercard) and Paypal.
After you make payment for your order, we will email you an invoice, which confirms receipt of your order.
We recognize that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.
We use the highest strength Secure Sockets Layer (SSL) encryption to transmit your personal and credit card details. This means absolute security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our website servers.
Our Security Certificate is provided to us by VeriSign, the leading provider for online security and is verified by the VeriSign Trust Seal™.
We do not store your credit card details at any time so consumer confidence and satisfaction is assured.
By agreeing to these Purchase and Shipping terms, you also consent to receive further electronic communications from us in relation to the Le Ciel Sleepwear business, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. Simply email us at firstname.lastname@example.org
PROCESSING OF ORDERS
We process purchases on business days, which are Monday to Friday and exclude public holidays in Western Australia.
We will provide you with a tracking number once we have shipped your order to you.
CANCELLATION OF ORDERS
Le Ciel Sleepwear may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur.
Failure to provide additional details upon request may result in cancellation and refund of the order.
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
PRODUCTS MISSING FROM AN ORDER
Should a Product be missing from an order when received, please contact us at email@example.com with the order number and the product code or product name of the Product you ordered, and we will make the appropriate investigations.
RETURN OF PRODUCTS
Any return of Products to us by you will be governed in accordance with our Returns Policy.
The laws of Western Australia, Australia govern these Purchase and Shipping Terms.
Le Ciel Sleepwear is an Australian based fashion online retailer. We are committed to the protection of your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
This policy (the “Policy”) sets out how we collect, use, manage and store personal information in the course of doing business. You agree that this Policy applies to you as an individual and is separate from, and does not amend or modify, any contractual arrangements between you or your organisation and us, nor create any rights in you under any such contract.
In this Policy:
“personal information” means any information or opinion about an identified individual or an individual who is reasonably identifiable (whether or not the information is true);
“sensitive information” means (without limitation) information about an individual’s race, ethnic origin, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation, criminal record, or health, genetic or biometric information;
“we,” “us,” “our,” and “Le Ciel Sleepwear” are reference to Le Ciel Sleepwear.
“you” and “your” means an individual whose personal information we have collected.
- What personal information we collect
As part of our operations we collect personal information that can reasonably be used to identify a specific person. The personal information that we may collect or hold will depend on the context in which we collect it, and may include:
- your name;
- telephone, mobile phone number and email address;
- delivery addresses;
- age or birth date;
- details of products that you have ordered from us;
- employment related information, if you apply to work for us;
- information you provide to us through surveys, competitions or market research; and
- any other personal information you or a person ostensibly authorised by you submits to us, as well any other information that we consider necessary (such as information about your opinions) to perform our functions and activities.
- How we collect personal information
3.1 We collect personal information in a number of ways, including:
(a) where you provide information directly to us;
(b) where you interact directly with our employees and such other persons acting for us or on our behalf, such as our customer service team, including from electronic queries sent to us via email;
(c) if you are applying for employment with us, where you provide information directly to us during a recruitment process, or we obtain it from a recruitment agency, your referees, education institutions and government agencies;
(d) from third parties, such as our service providers;
(e) through referrals from individuals or other entities;
(f) through marketing and business development events including surveys, competitions and other market research initiatives;
(g) where you provide feedback to us;
(h) from related entities in our corporate group; and
(i) from publicly available sources of information.
3.2 We do not generally collect sensitive information about individuals. Where we collect, use and disclose sensitive information about you, we will only do so where (a) such collection, use, or disclosure is reasonably necessary to conduct our business and (b) either we have obtained your consent or such collection, use, or disclosure is permitted by law.
3.3 If you do not wish for your personal information to be collected in a way anticipated by this Policy, we will take reasonable steps to accommodate your request. If we do comply with your request, or you provide us with inaccurate or incorrect information, we may not have sufficient information to conduct our business and we may be limited:
(a) in our ability to properly conduct our operations;
(b) in our ability to keep you informed about your orders or our business;
(c) in our ability to provide you with access to protected areas of our website;
(d) in considering your application for employment with us; and
(e) in our ability to respond to an inquiry or request.
4.2 We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.
- Purpose of collection, use and disclosure
5.1 We collect, use and disclose personal information for the primary purpose of conducting our business, which includes: (a) providing and managing the delivery of our services and products, including processing orders and delivering products;
(b) collecting and disclosing personal information to our related entities in connection with our operations;
(c) in the case of applications for employment, assessing a person’s application for employment with us;
(d) to assess the performance of the website and to improve the operation of the website;
(e) researching and assessing our services and products to identify possible improvements, including collecting, using, and disclosing details about your usage patterns and interests;
(f) for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes;
(g) responding to an inquiry or request;
(h) compiling and maintaining a mailing list and communicating with persons on those lists;
(i) fulfilling obligations to, and cooperating with, government authorities;
(j) resolving disputes or addressing complaints;
(k) protecting our property, rights, and security, and the rights, property, and security of third parties or the public in general; and
(l) disclosing business-related data and information (including personal information) to potential buyer or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, insolvency, liquidation, or similar proceedings.
- To whom may we disclose your personal information?
6.1 In conducting our operations, we may share some of your personal information with, or receive personal information from, third parties such as outsourced service providers and contractors.
6.2 Unless you have agreed otherwise, these parties are not allowed to use your personal information for any other purpose except to assist in conducting our business. We take reasonable steps to ensure that such third parties are subject to confidentiality requirements. In particular, we may disclose your personal information:
(a) to third party technology providers including Peoplevox and NetSuite which are online solutions we use to process customer orders and manage internal human resource functions;
(b) through Electronic Data Interchange (EDI);
(c) in the case of employees, to third parties that manage our payroll system and employee records;
(d) to any other third parties incidental to us carrying out our functions;
(e) to other service providers or referral partners in order to provide our services to you, or to assist our functions or activities (such as law firms);
(f) where you otherwise provide your consent, whether express or implied; and
(g) where otherwise required by law.
- Overseas disclosure
7.1 From time to time, we may disclose your personal information to overseas recipients if it is necessary to conduct our business.
7.2 We currently have operations in Australia, and personal information is disclosed in those jurisdictions. We also use cloud-based solutions such as Peoplevox, NetSuite and EDI that store personal information securely primarily in the United States of America and the United Kingdom. We may from time to time expand our operations and/or change the cloud-based or other solutions used to store personal information.
7.3 We take reasonable steps to ensure that the receiving party provides commitments regarding privacy and confidentiality which are at least equal to the Australian Privacy Principles or applicable privacy protection laws that offer at least the same level of protection as that required under the Privacy Act in Australia.
- Storage and security of personal information
8.1 Where we hold your personal information, we will take reasonable steps to ensure that the information is secure and may only be accessed by authorised persons. Where we store your personal information electronically on our database, we use secure servers and there are restrictions as to who has access to that information through password protection. All hardcopies of personal information are stored in lockable rooms.
8.2 Although we take reasonable steps, we are not responsible for third party circumvention of security measures on our electronic databases or at any of our premises. Please note that third party recipients of personal information may have their own privacy policies and we are not responsible for their actions, including their handling of personal information.
8.3 We cannot control the actions of other users with whom you share your information. Further, we cannot guarantee that only authorised persons will access your personal information. Please notify us immediately if you believe there has been any unauthorised access to your information.
8.4 We keep personal information as long as it is reasonably necessary for the purposes described in this Policy or otherwise in compliance with our or our service providers’ data retention policies. If any personal information that we hold is no longer required for the purpose for which it was collected and no applicable law requires us to retain that information, we will take reasonable steps to de-identify or destroy the information.
- Access and correction
9.1 We will take reasonable steps to ensure the personal information we hold is complete, up to date and accurate, so far as it is practicable for us to do so.
9.2 You may request access to the personal information we hold about you by contacting our Privacy Officer. We may, subject to any exceptions set out in the Privacy Act, provide you with access to your personal information. We may charge you a fee to cover our administrative and other reasonable costs for giving access but we will not charge you for making the request itself.
9.3 Subject to paragraph 9.4, if personal information we hold about you is incorrect, we will, on your request to correct it or where we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading, take such steps as are reasonable in the circumstances to ensure that the information is corrected. You are able to make a correction request by using the contact details below. We will not charge you for making a correction request.
9.4 If you request us to correct personal information that we hold about you and we refuse to do so, we will, to the extent reasonable, provide you a written response as to our reasons. You can make a complaint if you think we have wrongly refused to correct or give you access to your personal information by using the contact details below.
- Direct marketing
10.1 From time to time, we may use your personal information for direct marketing purposes and you consent to us using your personal information for direct marketing purposes (for an indefinite period). This includes sending you updates about our products and offerings. When we contact you, it may be by mail, email or SMS in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. Where we use or disclose your personal information for the purpose of direct marketing, we will:
(a) allow you to ‘opt out’ or, in other words, allow you to request not to receive direct marketing communications; and
(b) comply with any such request by you to ‘opt-out’ of receiving further communications within a reasonable time frame.
- Questions and complaints
11.1 If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it. We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint.
11.2 We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
11.3 After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
11.4 If you are unsatisfied with the outcome of our investigation, you may take your complaint to the Office of the Australian Information Commissioner (“OAIC”). Further information about the OAIC can be found on their website (https://www.oaic.gov.au/).
- Changes to this Policy
We may change this Policy at any time. Please refer back to this Policy periodically to review any updates. If we make material changes to this Policy we will notify you by publication on our website. The revised version of the Policy will be effective at the time we post it, which time will be indicated at the end of this Policy. You agree to be bound by any modified or amended versions of this Policy.
Le Ciel Sleepwear is committed to observing and complying with its obligations at all times under any relevant Spam legislation and regulations in any subject country.
For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our website, which is located at www.lecielsleepwear.com
We assure you that:
- we have crafted an internal policy to educate staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;
- you may at any time unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to unsubscribe from the mailing list, please send an email to firstname.lastname@example.org advising us of your wish to unsubscribe; and
- we will not use address-harvesting software for any reason whatsoever.
To assist us to combat spam, we request your assistance with the following:
- If you receive an unauthorised commercial message, which appears to originate from a Le Ciel Sleepwear email address, please assume that it has been sent in error and notify us immediately on the above contact details;
- Please ensure that you unsubscribe from any of the Le Ciel Sleepwear mailing lists if you decide that you no longer wish to receive electronic commercial messages from Le Ciel Sleepwear or its contracted third parties; and
- Please notify us of any changes to your personal details or cancellation of your email address so we can update our records.
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
In relation to the Website, you must not:
- use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Le Ciel Sleepwear and protected by Australian and international laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
You must not:
- reproduce or use any of the material on the Website for commercial purposes, including sale;
- in any way modify the material on the Website; or
- cause any of the material on the Website to be framed or embedded in another website.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
- all material on the Website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
Limitation of Liability
In the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods; or
- the payment of the costs of having the goods repaired.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Discounts and Promotion Codes
Discount codes are one-time use only and exclude cosmetics and gift cards.
LE CIEL CLUB PROGRAM
Program Eligibility and Membership
The Le Ciel Sleepwear Club Program can be joined at any time and there is no purchase, payment or credit card required to sign up for, join and/or participate in the Club Program. To be eligible for participation in the Program, you must be a lecielsleepwear.com account holder and at least thirteen (13) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal place of residence (collectively, “Minors”) must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Le Ciel Sleepwear and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.
You are automatically enrolled in the Le Ciel Sleepwear Club Program when you create an account on lecielsleepwear.com.
The Le Ciel Sleepwear Club Program allows you to be part of exclusive announcement on special offers and new products.
Members who enroll in the Le Ciel Sleepwear Club Program agree to receive Program-specific marketing and status updates as well as other promotional emails and marketing from Le Ciel Sleepwear. In order to receive the full Program benefits, you must remain opted-in to our marketing communications via email at all times. If you elect to opt-out of email marketing communications, your Membership will remain active, but you will miss out on time sensitive exclusive offers and won’t be able to use them retroactively.
To stop receiving promotional emails from Le Ciel Sleepwear, you may use the unsubscribe option in any such email. By unsubscribing, you are opting out of all marketing communications.
If you have agreed to subscribe to Le Ciel Sleepwear SMS alerts, you may also receive notifications regarding the Rewards Program. You may unsubscribe at any time by replying with STOP to any text received from us.