Terms & Conditions

1.  Terms of Use

(a)             Joaen (“we”, “us”, “website”) is the trading name of Joaen Pty Ltd ACN 647 294 522 registered in Queensland, Australia.  Our postal address is PO Box 505, Shop 14, 9 Brookfield Road, Kenmore QLD 4069.  Our Australian Business Number is 52 647 294 522.

(b)            Please take the time to read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms, as well as all terms listed online in relation to our Privacy Policy.

(c)            By using this website, you guarantee that you have read, understood and agreed that 1) you have the capacity to abide to this agreement and the authority to decide to this agreement, 2) you are bound to these terms and conditions, 3) you agree to comply with all local rules and laws.

(d)            Joaen reserves the right to change terms and conditions at any time and without notice.  These changes are effective immediately.  It is your responsibility as the user to read and understand changes to the terms and conditions.  The terms and conditions are relevant until terminated by Joaen.  Joaen reserves the right to terminate these terms at any time without notice.  Joaen reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole.  If you do not agree to be bound by these terms and conditions, you cannot use the Joaen website.

2.  Faults and Failures

2.1    Major and minor failures

(a)            There is a major failure with a product when you would not have purchased it had you known about the problem/it is significantly different from the description/sample or demonstration you were shown/it is substantially unfit for its normal purpose/it is unsafe.

(b)            For purchases with major failures, you may reject the goods and get a refund or an identical replacement.

(c)            Minor failures include small problems with products that do not fit into the major failure categories, for example, loose threads on clothing.

(d)            See the below link for further information in relation to consumer rights guarantees: https://www.accc.gov.au/consumers/consumer‑rights‑guarantees/repair‑replace‑refund

2.2    Faulty items

(a)            If you think you have received an item with a manufacturing fault or an incorrect item to the one ordered, please email returns@joaen.com.au as soon as possible and attach 2-3 clear photos of the fault you are seeing. If the garment is found to have a manufacturing fault, we are happy to organise a free returns label for you to return the item for a refund, store credit or direct replacement.

(b)            Please note that Joaen does not accept returns for garments which have been damaged during wash or wear and tear.

3.  Returns

3.1    Returns Policy

(a)            If you are unhappy with your purchase, you are welcome to return your items for a store credit as we do not refund for change of mind or incorrect sizing. If you purchased your items using a discount code, your store credit will be the final amount you paid for that item (minus the discount). Store credits expire within 12 months and can be used on any item/s on our website.

(b)            Items will only be accepted if returned in 100% original condition with tags: unworn, unwashed, un-perfumed, free from make-up and fake tan.

(c)            Customers must cover the postage cost to send the item back to us.

All sale items are final, there is no exchange or refunds on sale items unless defective or faulty.

(d)            All clothing must be tried on over underwear for hygiene.

It is recommended that you use a traceable delivery method for all returns to ensure your delivery is safely returned to us. We are not responsible for any loss or damage to parcels returned to us.

(e)            In accordance with Australian Consumer Law, we are not required to offer you a refund for sizing, fit, change of mind, or returns.  For example, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.

(f)            If you have a minor problem with a product, we can choose to give you a free repair instead of a replacement.  When you have a major problem with a product, you have the right to ask for your choice of a replacement, store credit, or refund. If we have misrepresented the product or provided an incorrect description, you have the right to ask for your choice of a replacement product, a store credit, or refund.

(i)            Items which do not satisfy the above conditions of return for our change of mind policy will not be accepted and the customer will be notified.

3.2    Process of returns

(a)            To submit a return for a store credit or an exchange, please email returns@joaen.com.au. In this email, please indicate if you are electing for a store credit or an exchange. All returns are issued with a store credit or an exchange (as applicable) provided that the items are in line with our Returns Policy.

(b)            Returns must be sent back to us within 30 days of purchase. Where you elect for a store credit (and the item is not deemed to be faulty), you will need to cover the cost of postage to return the item to us.

(c)            Once your return is received, processing time can take 3-4 business days.

(d)            If you have requested an exchange and the item that you want to exchange for is in stock, Joaen will use best endeavours to ensure that the relevant item is put on hold until the return is received. Where you elect for an exchange (and the item is not deemed to be faulty), you will need to cover the cost of postage to send the originally purchased item back to us and then we will cover the cost of postage to send the exchanged item back to you. If the item being returned for an exchange is not in stock, Joaen will issue a credit note.

(e)            If you have purchased your item through Afterpay, once we receive your return, you will be issued with a store credit for the final price of the item/s. The Afterpay instalments will continue to be captured until the order has been paid in full.

4.  Purchases & Payment

(a)            Customers must provide Joaen with complete and accurate details when making purchases.  Joaen is not liable if we are given an incorrect delivery address at the time of purchase or returned goods.  Any additional expenses in correcting the order are the responsibility of the customer.

(b)            All of our prices are in AUD, Joaen is not responsible for varying currency conversion rates charged by customers’ banks.

(c)            Customers will receive an invoice confirming the order once Joaen receives payment either through Credit Card or Afterpay.

(d)            Payment or debiting of your credit/debit card will be completed when you accept to complete the transaction at checkout.  Joaen uses the Shopify Payments Gateway for all online credit card transactions.  Shopify Payments is a PCI‑DSS Certified Gateway.  Your credit card number cannot be viewed by Joaen or any third party.

(e)            We take a firm stance against credit card fraud.  If your transaction is flagged in our system or suspected fraud, we will check your order by phoning you on the given number or email to ensure that the purchase has been made by the credit card holder.  If we find anyone trying to use another person’s details, Joaen will report all transaction information to the Australian Federal Police and banking authorities.

5.  Order Processing

(a)            Orders are processed on business days (Monday through Friday) excluding public holidays in Queensland, Australia.

(b)            Customers will be provided with tracking numbers once orders are shipped out. Shipping will be facilitated by various companies, including Sendle, Australia Post and DHL (although this is subject to change at the absolute discretion of Joaen).  For shipping times and costs, please see our ‘Shipping Information’ page.

6.  Customs Charges

(a)            Customers can be charged for buying and importing product into their country.  Joaen does not take responsibility of any customs or import fees that may occur once the parcel reaches its destination country, the recipient must cover these changes.  Please note Joaen does not collect or handle any tax charges or fees.  If you have any queries regarding tax you may have been charged, please contact DHL Express and your local customs office.

(b)            Unfortunately, we have no control over these charges, and cannot tell you how much these would be, as these fees vary widely from country to country.  We recommend contacting your local customs office prior to ordering anything online, so you are not surprised by any unexpected charges.

7.  Warranty and Limitations

7.1    Disclaimer

Joaen makes no warranties or representations about the accuracy or the completeness of this content, the content of any site linked to this site, contributors, information or any other items or sites linked to this site.  We assume no liability or responsibility for:

(a)            errors or inaccuracies of content and materials;

(b)            personal injury or property damage of any nature whatsoever, resulting from your access to and use of the website;

(c)            any unauthorised access to or use of secure servers and any or all personal information stored therein;

(d)            any interruption or down‑time on the website;

(e)            any bugs, viruses, trojan horses or the like that could be transmitted through the website; or

(f)            any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted or made available via the Joaen website, social media or customer service team.

7.2    Limitation of Liability

In no event shall Joaen be liable to any third party for any indirect, consequential, incidental, special or punitive damages, including a decrease in profit from your use of the website or social media, contributions or any branded items.  Joaen’s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with this agreement whether in contract, tort or breach of statuary duty.

7.3    Warranties

Everything Joaen sells has its own warranties, and is represented by the various manufactures of said product.  In accordance, Joaen makes no warranty with respect to any product sold other than what is stated here.  We do not give warranties expressed or implied with any kind of respect to any products sold on the website.

8.  Price

(a)            Listed prices on Joaen are accurate to the best of our knowledge.  However, in the unlikely event of an incorrectly priced item, Joaen has the right to correct and/or change the price of the item.

(b)            After placing an order you will receive an email receipt confirming the details of your purchase.  This email receipt does not comprise a contract.  Orders may be cancelled at any time due to an inability to authorize a payment, insufficient stock, suspicion of fraudulent intent or any other reason deemed appropriate by Joaen.  In addition, Joaen reserves the right to decline or cancel any such orders.  If a cancelled purchase has already been charged to the customer’s credit card, Joaen will issue a credit to the account in the same amount within 7 business days.  Joaen reserves the right to modify the information on this site and the services and products described therein anytime without notice.

9.  Intellectual Property

(a)            Joaen owns all content other than outlinked content.  This includes our website, data base, content, images, logo, titles, names, illustrations, designs, marketing, graphics, text and images.  This may not be used by you for any reason unless authorised in writing from Grace Kelly.  Any use of any content is against copyright law.

(b)            You must not access joaen.com.au to do anything for an illegal purpose.  International users agree to this in their jurisdiction.  You must not attempt to hack, modify or use the website illegally.  You must not do anything that would harm users or Joaen.  You must not violate our trademark or copyright laws.

(c)            Any breach to any part of these terms and conditions terminates your agreement to use this page.

10.  Promotions & Discounts

Promotional sales may exclude selected styles and the purchase of gift cards.  All styles will be marked down if included in a promotion unless a discount code is required, in which case the final price will display once the code has been entered correctly at checkout.  Only one discount code can be applied to an order.  Discount codes must be entered at checkout and cannot be redeemed after this point. Joaen reserves the right to change or end a promotion at any time without notice.  Joaen may run competitions, prize draws and promotions and discounts. These may be subject to additional terms and conditions, which will be made known to you at the time.

11.  E‑Gift Cards

You (the customer) are responsible for the use and safety of your e‑gift cards.  We (Joaen) are not responsible for any loss or damage resulting from e‑gift cards used without permission.  e‑Gift cards are valid for 36 months and any remaining balance cannot be used after the expiry date.  e‑Gift cards cannot be used to purchase further e‑gift cards.  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 vouchers or e‑gift cards, we reserve the right to close or block access to your Account and/or require a different means of payment.

12.  Other

Where Joaen allows you to email products to another person, you warrant that that the person to whom the email is addressed has consented to the email being sent and indemnify Joaen, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003 (Cth).