THE ICONIC Terms & Conditions
These THE ICONIC Terms & Conditions were last updated on 30 March 2026.
Welcome to THE ICONIC™. The websites http://www.theiconic.com.au/ and https://www.theiconic.co.nz/ (inclusive of subdomains) and their associated features and mobile applications (“Site") are owned and operated by Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) (“THE ICONIC”, "we", "our", "us").
These THE ICONIC Terms & Conditions (“General Terms”), which incorporate our Privacy Policy, THE ICONIC Front Row Terms & Conditions and other documents referred to within these General 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 General Terms. We may change these General 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 General Terms. We recommend that you read these General 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 General Terms where such changes (in our reasonable opinion) may have a material detrimental impact to you.
CONTENTS
- ACCESS AND USE OF THE SITE
- INFORMATION ON THE SITE
- ORDER AND FORMATION OF CONTRACT
- DELIVERY
- CANCELLATION
- NEW ZEALAND GST, CUSTOMS CHARGES, DUTIES AND FEES
- FAULTY PRODUCT RETURNS
- CHANGE OF MIND RETURNS
- FAIR USE
- VOUCHER CODES AND PROMOTIONAL CODES
- STORE CREDIT
- GIFT CARDS
- PRICE MATCHING
- SPECIFIC PROMOTIONS
- USER-GENERATED CONTENT
- LINKS ON THE SITE
- DISCLAIMER AND LIABILITY
- INDEMNITY
- PRIVACY POLICY AND MARKETING MESSAGES
- THE ICONIC FRONT ROW LOYALTY PROGRAM
- DISPUTE RESOLUTION
- GENERAL
- DEFINITIONS AND INTERPRETATION
1. ACCESS AND USE OF THE SITE
1.1 You must only use the Site in accordance with these General Terms and any applicable laws.
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
(c) interfere with security-related or other features of the Site.
1.3 To access some features of the Site, such as placing Orders, creating wishlists and earning loyalty ICONS and Rewards, you must register an account with us (“Account” or “ICONIC 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 register an Account if you are under 13 years old. By registering for an Account, you will automatically join THE ICONIC Front Row loyalty program where you are eligible. You may update, edit, delete or cancel your Account or your THE ICONIC Front Row Profile at any time through the Site.
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. 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 - products for purchase by children are not sold on the Site.
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 press@theiconic.com.au 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, sellers, 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 product images may be generated or manipulated using artificial intelligence technology, or may be otherwise created, manipulated, augmented or chosen for promotional purposes, and may not be an exact representation of the product you receive.
3. ORDER AND FORMATION OF CONTRACT
3.1 When placing an Order, you must follow the instructions on the Site as to how to place 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 fees or charges you are liable for in order to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated, all fees and 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 your Order is accepted, 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 THE ICONIC 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”). Pricing (before any available voucher/promo code discount is applied), product imagery and details and stock availability for products sold to you by a Marketplace Seller are selected and determined by the Marketplace Seller. If products on the Site are being sold by a Marketplace Seller, the Marketplace Seller may also be responsible for delivery of those products, and subject to clause 4 of these General Terms, delivery details specific to those products will be displayed 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 before it has been accepted and a Contract formed, you acknowledge there may be some instances where this is not possible. In that case, we will refund the Order once it has been received by you and then returned due to a change of mind in accordance with clause 8 of these General Terms. For the avoidance of doubt, when buying a Marketplace Seller’s products, these General Terms apply to your transaction.
3.7 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that your Order has been received and will not constitute acceptance of your Order. A contract for the purchase of the product (“Contract”) will not be formed until you receive a shipment confirmation email from us. THE ICONIC (or the Marketplace Seller) is not obliged to supply the product to you until your Order for that product has been accepted and a Contract formed. Your Order (or part of an Order) may be cancelled or not accepted 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 you may be offered an alternative product or size);
(b) if we suspect that you might on-sell products in your Order to other consumers;
(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
(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.
3.8 Subject to clause 3.6, until the time when your Order has been accepted and a Contract formed, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If your Order has been cancelled (including any cancellation by you) 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 General Terms applying to an existing Order that has already been accepted and a Contract formed; the General Terms that will apply to any such Order are the General Terms that applied at the time you placed the Order.
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 Marketplace Sellers. Gift cards will be delivered digitally in accordance with clause 12.
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 product(s) at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product(s) 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 the applicable Contract is cancelled, 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(s) 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(s).
4.7 You must take care when opening packaging so as not to damage the product(s), particularly when using any sharp instruments.
4.8 THE ICONIC actively seeks opportunities to consolidate packages for Orders. If: (a) you 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 may 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 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.
Note: The total value of your consolidated Order does not include the purchase of gift cards.
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 refund 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 before it has been accepted and a Contract formed, 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
6.1 As we are based in Australia and you are buying from an Australian company, we will charge you for your Order in Australian dollars. Prices for products are shown on https://www.theiconic.co.nz/ in Australian dollars inclusive of New Zealand GST. The actual price charged to New Zealand (“NZ”) customers will be subject to: (i) NZ GST; and (ii) the exchange rate applied by the payment provider you have used. 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 amount of the refund (in NZ dollars) shall be the prevailing rate at the time the refund is made (not the original exchange rate). You can find out more information at https://www.ird.govt.nz/gst. NZ GST is subject to change in accordance with changes to NZ law.
6.2 Orders shipped to NZ valued at more than NZ$1000 may incur duties, customs charges and fees, such as the High-Value Goods Levy, (including NZ GST, calculated on any import duty and 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. 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 on the NZ Customs Service website. Thresholds and rates are subject to change in accordance with changes to NZ law.
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 remedy process and help resolve the problem as swiftly as possible. In order to assist with this process, you may be required to send us images of the 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 or fault, then depending on the nature of the defect or fault, 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 or fault, you are entitled to elect whether you want us to replace (provided that a replacement product is in stock and available) 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 or fault, deemed out of warranty, or you do not otherwise 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 or fault 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 the RE-ICONIC™ range (which currently includes Pre-loved and rescued or repaired products), 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 RE-ICONIC™ range will not be classified as a defect or fault.
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 or a Marketplace Seller 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 (unless the product is part of the RE-ICONIC™ range, in which case it needs to be returned in the condition it was sold) and in a saleable condition with the original tags still attached ;
(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 as store credit. If you have used store credit or gift cards to pay for part of the price, we will:
(i) reinstate the original amount of store credit or gift cards you have used as store credit; and
(ii) offer you either a refund back to your original payment method or store credit that is worth 100% of the non-store credit or non-gift cards portion of the payment 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 placing 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
(c) an Account that has previously been refused multiple returns due to previous fraudulent activity.
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. VOUCHER CODES AND PROMOTIONAL CODES
10.1 Discount voucher codes and promotional codes are available on the Site or through other marketing providers. Only one voucher code or promotional code can be used or redeemed per Order. We may email voucher/promo codes to you. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your voucher/promo codes. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of voucher/promo codes including if your email is hacked or subject to unauthorised use. We monitor the issuance and redemption of voucher/promo codes. 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 voucher/promo codes, we may close or block access to your Account and/or require a different means of payment.
10.2 Conditions for the redemption of voucher codes and promotional codes include:
(a) From time to time we may release voucher codes and promotional codes that may be used on the Site. Voucher codes and promotional 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 code or promotional code can be used per Order, and some voucher/promo codes may only be used once per voucher/promo code. Voucher/promo codes cannot be used in addition to another voucher/promo code. Voucher codes and promotional codes are discounts provided by THE ICONIC which are distinct promotional strategies that are offered independently without specific regard to your Order and are not intended to represent payment for products by THE ICONIC on your behalf.
(b) Certain products, including particular brands or products supplied by a Marketplace Seller, may be excluded from voucher/promo code discounts, and unless specifically stated otherwise, voucher/promos cannot be redeemed for Delivery Fees.
(c) Voucher/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/promo code or attempting to rely on any other offer).
(d) We will apply voucher/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 in accordance with clause 8.4. Any voucher/promo code used in an Order that has been returned will not be reissued and will be forfeited.
(e) We actively monitor misuse of voucher/promo codes and reserve the right to deactivate voucher/promo codes or block any person that is not using a voucher/promo code in accordance with its terms.
11. STORE CREDIT
11.1 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.
(c) We will automatically apply store credits against future purchases before asking you for additional payments.
(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.
11.2 If you cancel or return products purchased using 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 store credits (on a per product basis). For example, where the total Order price is paid:
(i) entirely by 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% 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).
11.3 If you cancel or return only certain products purchased in bundle deals or multi-buy promotions, any products you do not return will be charged at full price, and the refund amount will be reduced accordingly.
12. GIFT CARDS
12.1 Gift cards are available for purchase on the Site or via selected retailers in accordance with these General Terms. You may use the gift card to purchase certain products from the Site.
12.2 Conditions for the purchase and redemption of gift cards include:
(a) You may purchase gift cards for use on the Site by you or other customers. Voucher codes, promotional codes and THE ICONIC Front Row Rewards cannot be used to purchase gift cards. Store credit cannot be used for the purchase of gift cards. Gift cards cannot be used to purchase further gift cards. The purchase of gift cards will not contribute to an Order’s value (consolidated or otherwise) for the purpose of receiving free or discounted shipping.
(b) 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. Please follow the gift card instructions for use.
(c) Gift cards are valid for 36 months (3 years) from the date of issuance. Any unredeemed balance that remains on a gift card or on your Account as store credit (where the gift card was added as store credit to your Account) 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.
(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. The residual credit will remain redeemable for 36 months from the date on which the gift card was issued. 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.
(f) Gift cards are excluded from change of mind returns. If you have questions or if you wish to make a complaint about the gift card you have purchased, please contact our Customer Service team.
12.3 We will email gift cards to you or 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 gift cards. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of gift cards, including if gift cards are used without your permission, if your email or the recipient’s email is hacked or subject to unauthorised use.
12.4 By purchasing a gift card from THE ICONIC, you represent and warrant that:
(a) you have obtained consent from the nominated recipient of the gift card to share their email address and any other contact details for the purpose of delivery of the gift card;
(b) all of the information you provide to us is accurate and complete; and
(c) you will not use the Site for any illegal purpose or in a manner inconsistent with these General Terms.
12.5 Gift card purchases and redemptions 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. We reserve the right to cancel an Order for a gift card, or place a stop on the gift card delivery if:
(a) your order is not accepted at the nominated email address;
(b) we believe or reasonably suspect that your order is fraudulent or you have otherwise breached these General Terms;
(c) we believe or reasonably suspect that the gift card will be used for a fraudulent or illegal purpose;
(d) we believe or reasonably suspect that the gift card will be used in breach of these General Terms;
(e) you report that the gift card has not been delivered, has been stolen or deleted; or
(f) there is an error with your Order.
If we cancel an Order for a gift card or place a stop on any gift card, we will notify you as soon as possible and at our absolute discretion, may refund amounts paid by you in respect of that gift card.
12.6 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 gift cards, we may also close or block access to your Account and/or require a different means of payment.
12.7 If you cancel or return products purchased using a gift card:
(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 (on a per product basis). For example, where the total Order price is paid:
(i) entirely by gift cards - refunds are offered as store credit only; or
(ii) 20% gift cards 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).
13. PRICE MATCHING
13.1 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 the RE-ICONIC™ range.
(i) We will not price match certain products as noted in our FAQs.
13.2 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 sold by both THE ICONIC and a Marketplace Seller.
14. SPECIFIC PROMOTIONS
14.1 From time to time we may run promotions on our Site which are subject to both these General Terms and any additional promotion-specific terms which are incorporated into these General 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.
14.2 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).
14.3 We also undertake joint promotions with third parties from time to time. You should consult the terms of those promotions for full details of such specific joint promotions.
15. USER-GENERATED CONTENT
15.1 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.
15.2 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;
(c) Your Content and social media handle may be featured across our social media platforms as well as our Site;
(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.
15.3 You may revoke your permission for us to use your Content at any time by sending a request to press@theiconic.com.au. 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.
15.4 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 General Terms, we reserve the right to block your Account.
16. 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.
17. DISCLAIMER AND LIABILITY
17.1 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 General Terms or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these General Terms or the entering into or performance of these General Terms.
17.2 Nothing in these General 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.
17.3 In performing any obligation under these General Terms, our only duty is to exercise reasonable care and skill.
17.4 Subject to clause 17.3:
(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 General Terms.
(g) Despite any other provision of these General 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 General 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.
18. 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 General Terms or your breach of any law or the rights of a third party.
19. 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, WhatsApp 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.
20. THE ICONIC FRONT ROW LOYALTY PROGRAM
THE ICONIC Front Row is the customer loyalty program which THE ICONIC operates in accordance with THE ICONIC Front Row Terms & Conditions. Membership of THE ICONIC Front Row is only available to eligible Account holders. Some existing eligible Account holders will be automatically enrolled into THE ICONIC Front Row based on eligibility criteria relating to purchase and/or Account activity history. You may cancel your THE ICONIC Front Row Profile at any time through the Site as set out in our Privacy Policy (this will not delete your Account).
21. DISPUTE RESOLUTION
In the event of any dispute under these General 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.
22. GENERAL
22.1 Entire agreement: These General Terms (incorporating the Privacy Policy and THE ICONIC Front Row Terms & Conditions) contain all the terms agreed between you and us and supersedes and excludes any prior General Terms published on the Site.
22.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these General Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these General Terms to any person.
22.3 Force majeure: We shall not be liable for any breach of our obligations under these General 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).
22.4 No waiver: No waiver by us of any default of yours under these General 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 General Terms.
22.5 Notices: Unless otherwise stated within these General 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.
22.6 Third party rights: All provisions of these General Terms apply equally to and are for the benefit of THE ICONIC, its subsidiaries, any holding companies of THE ICONIC, its (or their) related bodies corporate 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 General Terms may be varied or rescinded without the consent of those parties).
22.7 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.
22.8 Severability: If any provision of these General 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 General Terms shall not be affected.
22.9 Governing law: These General 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.
23. DEFINITIONS AND INTERPRETATION
23.1 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 General Terms, including, without limitation, liability expressly provided for under these General Terms or arising by reason of the invalidity or unenforceability of any term of these General Terms (and for the purposes of this definition, all references to these General 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.
23.2 Interpretation
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these General 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.