Retail Terms & Conditions

The following Terms of Trade and Conditions of supply direct to consumers are provided to assist our buyers and enable us to trade more efficiently with you. All previous Retail Terms of Trade are superseded. For any other terms to be applicable and binding, we must expressly agree in writing to change these terms that are different from the terms set out in this document, those other terms will alter.

For the purposes of these terms and conditions:

“we” and “us” means Little Gems International Pty Ltd, its employees, agents and representatives, whether trading through or with the use of the “Little Gems” or “Fairy Kisses” brands or any other brands that we may own and “Goods” means any product supplied by us.

1. About Us

1.1 www.littlegems.com.au is a website owned by Little Gems International Pty.Ltd ("we"/"us") for the provision of information about our products and the sale of our products.
1.2 These terms and conditions apply to all and any use of our website. If you do not accept these terms and conditions please do not use our website and leave now.
1.3 Since we are principally aiming our website at the Australian market, we cannot guarantee that our website accords with local laws of any other countries. You are therefore responsible for compliance with the laws of your jurisdiction.

2. Intellectual Property Rights and Use of Title

2.1 Little Gems® is a registered trademark of Little Gems Internatioal Pty Ltd.  The styles are original designs and are filed with IP Australia pursuant to the Designs Act 2003. We do not give you any right or interest in any copyright or other intellectual property rights in any text, images, tables, compilations or other copyright protected works featured on our website nor do we give you right to reproduce the same.
2.2 We do not give you any right or interest in any product that you purchase nor do we give you right to reproduce the same.
2.3 You may view and access our website for private and personal, non-commercial use only. The copyright in all software and content is owned by or licensed to us, unless otherwise specified and may not be used, replicated, copied, modified, distributed, adapted, printed or downloaded without our consent.
2.4 Copyright and design rights extend to the design, look and feel of our website, all photographs and text appearing on it and any promotional material.
2.5 We, our website and our logos are our trade names and/or trademarks and may not be used by anyone else without our permission. We have registered trademarks in several marks appearing on the website and we are also the owners of unregistered trade mark rights in any such marks.

3. Price and Delivery

3.1 All prices featured on the website are in Australian dollars and inclusive of Goods and Services Tax (GST) as per rates established by the Australian Government.  Freight charges are payable by the purchaser and calculated separately.
3.2 We always try to get the best freight charges for your purchases in the simplest way. Postage charges vary depending on the location and the weight of the items(s) purchased. Orders are dispatched using Australia Post Express satchels and tracking details are available upon request.
3.3 Outside of Australia delivery charges will be calculated on a product-by-product basis. We reserve our right not to deliver to places outside Australia.
3.4 Delivery outside of Australia may be subject to local import taxes, which are your responsibility where they apply.
3.5 Subject to product availability, all orders will be dispatched within 2 working days. We will contact you during this time after your purchase, if the order is not available and offer you an alternative or approximate delivery time for the item in questions. You have the option to cancel your order at this time should it be unavailable when required.
3.6 Please order from us with enough lead-time to prevent any loss or disappointment resulting from the delivery time as we cannot be responsible for ensuring adherence to such lead-time.
3.7 We will used our reasonable endeavours to deliver your order to you within 5 working days of the date of receiving the payment, however, we do not guarantee that we will deliver within this time frame and take no responsibility for Australia Post negligence.

4. Making a purchase

4.1 When you order a product from our website you are offering to buy it for the price stated, subject to these terms and conditions.
4.2 We will try to keep our website as up to date as reasonably possible but cannot guarantee that particular products will always be available. If we cannot supply the requested product you we will refund or re-credit your account with any amount that we might have debited.
4.3 We may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of any product at any time at our sole discretion.

5. Payment

5.1 We allow orders to be processed online using a credit card, currently VISA, MasterCard or American Express.
5.2 We shall not be held liable nor in any way responsible for fraudulent credit card usage on our website resulting in the subsequent payment for and delivery of goods. We will not be liable for refund of monies, in part nor full, should a purchase be made by persons illegally.

6. Returns

6.1 We try to package products ordered as well as possible to ensure that the products arrive undamaged. However, if a product arrives which is damaged or has defects, we will replace it whenever possible. We will try to attend to all returns as soon as practically possible. This does not affect your statutory rights.
6.2 Our policy is to ensure that you are satisfied every time you place an order on our website. If you are unhappy with a product when you receive it please return it with the dispatch note, unused, for a full refund within seven working days of the receipt. We will require a reason for your return. On receipt of your return, we will send you an email to confirm receipt of the item and upon inspection of the returned item we will refund your credit card or provide payment accordingly. This is provided the item has been returned in the condition it was in when delivered to you.
6.3 Returns need to be sent to:

6.4 Use a trusted and traceable delivery service and make sure that postage is fully paid. Unfortunately we cannot refund postal charges for unwanted items.
6.5 Items must be returned in their original condition, this means that the items is unworn and as new, all labels and tags remain attached, along with all the original packaging & a copy of the dispatch note.
6.6 Little Gems garments are all handmade and therefore our garments need special attention. Please follow the label and take care of the dresses to ensure the longest life out of your garments.
6.7 Little Gems will accept returns only on defects on materials and workmanship. We do not cover normal wear and tear, accidents, facing, abuse, alteration, negligence and misuse. We cannot accept returns of dresses that are soiled, washed and well worn. Please remember to check the garments for any faults as soon as you receive it and contact us if there are any fault issues.
6.8 Variations in fabric construction should not be considered flaws.
6.9 You are not entitled to return faulty goods unless authorised by Little Gems or a Little Gems representative. If you wish to return any faulty goods to us, you must:
a. receive authorisation from Little Gems or a Little Gems representative. You will be advised of the returns address;
b. ensure that goods are packaged for return with adequate protection to prevent damage during transit; and
c. include a written request for credit or replacement specifying the invoice number, item code and color, quantity, description of the goods and the reason for return.
6.10 Little Gems reserves the right on inspection of returned goods to reject returns claim and goods will be returned to you at your cost. Returns must arrive at our warehouse no later than 30 days after the date of authorization.
6.11 Sale items are NOT exchangeable and all sales are final.

7. Guarantees and Liability

7.1 We have used our best efforts to ensure that all information on our website is correct but make no guarantee and accept no liability as to the correctness of any such information. Use of any information will be entirely at your own risk.
7.2 We have tried to make the descriptions (including visuals) of all products as accurate as possible. However, some products may differ slightly from those featured on our website. Please check the delivered product as soon as possible on receipt as we will not cover any subsequent loss or destruction.
7.3 We will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are available to you.
7.4 We will have no liability in respect of any other website or page on the internet accessible from our website
7.5 Except as provided above we give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law consumer rights which remain in full force and effect.
7.6 Our website and these terms and conditions are subject to the laws of Australia and any disputes must be brought in Australian Courts.

8. Copyright Notice

The entire content of this website, including its layout, text, graphics and code is original work owned by Little Gems® International Pty Ltd and is protected by copyright law. You must obtain Little Gems Internationals’s advance and express written approval for any wording or other material you wish to display or publish in relation to either or both of the “Little Gems” and “Fairy Kisses” brands and stock. This requires you to submit to Little Gems® International all of your intended marketing and promotional material and other sales related material, whether it is intended for online websites or for hard copy distribution such as through printed flyers, magazines, brochures, posters or handouts. Little Gems® International will endeavour to respond to you expeditiously with respect to any intended material that you wish to so distribute or otherwise publish. You must comply with any and all requests of Little Gems® International in relation to changing the material for publication.

Other than the express approval for use of the Little Gems intellectual property, we do not give you any right or interest:
(a) in any copyright or other intellectual property rights in any text, images, tables, compilations or other copyright protected works featured in our catalogue or website nor do we give you any right to reproduce the same; and
(b) in any product that you purchase nor do we give you right to reproduce the same

You are entitled to:
(i)         reproduce electronic copies to print hard copy portions of this site for the sole purpose of placing an order with Little Gems® International, and
(ii)        down load in temporary storage or print portions of the material of the site solely for your own non-commercial and private viewing, or to place an order with Little Gems®. In doing so, you must not delete or change any copyright, trademark, or other proprietary notices.

Except for these purpose-specific rights, you must not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise exploit the content of this section unless the express and advance written consent of Little Gems® International is obtained.

Little Gems® disclaims any representation or warranty that your unauthorised use of the content included in this section will not infringe upon rights of third parties.

By placing an order with Little Gems you agree to our Terms of Trade.