TERMS & CONDITIONS

ELK ACCESSORIES PTY LTD (ELK) TERMS AND CONDITIONS OF TRADING

These websites www.elkthelabel.com, www.elkaccessories.com.au, www.elkaccessories.com, www.elk.net.au (known as “the elk websites”) are made available to you (herein known as “the Purchaser”) pursuant to these trading terms and conditions which are legally binding. These terms and conditions are laid out in full.

Please read through these carefully before making any purchase from these websites. Your subsequent purchase will indicate your full acceptance of these terms and conditions.

These terms and conditions may be modified from time to time and your continued use of these sites and any subsequent purchases made shall signify your agreement to be bound by any changes.

These terms and conditions are in effect from 14/11/2018.

TRADEMARK

elkthelabel® Elk® ELK Accessories® MrELK ® & SOMN ® amongst others are all registered trademarks.

COPYRIGHT

All designs, content and photographic material are subject to copyright and are wholly owned by ELK Accessories Pty Ltd. (ELK). No designs, content or photographic material represented on ELK’s websites may be used without prior written authorisation.

INTELLECTUAL PROPERTY

The purchaser will not use, copy or infringe on ELK’s intellectual property. This means all intellectual property rights (whether created before, on or after the date of these Terms and Conditions and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade names, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise, and which relates to any of ELK’s products or services.

ON SELLING

Under no circumstances may the Purchaser on sell or resell any of ELK’s items or goods on any website, third party online reselling channels, other retailers, private selling events or catalogue sales without written authorisation from ELK. Should this term be breached, ELK reserves the right to recover all items.

LINKING TO THE ELK WEBSITES

You may link to the ELK homepage on the condition you do so in a way that is legal. It must be fair and not intended to damage our reputation or in any way take advantage. You may not suggest any form of ELK’s association or endorsement where there is none. We reserve the right to request a link removal at any time.

PROHIBITIONS

You will not commit or encourage a criminal offence by transmitting or distributing a virus, trojan, worm, or any other harmful or malicious program or device, post any other material which is malicious, harmful or in any way offensive or obscene. You must not hack into any aspect of the website, corrupt data or cause annoyance to other users by sending unsolicited advertising or promotional material commonly referred to as "spam"; or by attempting to affect the performance or functionality of this Website.

ELK will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

ORDERING

ELK cannot guarantee and accepts no liability in regards to the availability of stock and the time frame involved in delivering any goods or service pursuant to the Purchaser’s order. ELK reserves the right to cancel any order without notice.

SHIPPING & ORDER TRACKING

ELK will deliver to most Australian addresses and to most international addresses using a contracted courier service. Australia Post requires the delivery to be signed for by the Purchaser. Any risk will pass to the Purchaser and or any other person who signs for the receipt of the delivery. ELK cannot accept responsibility for delays in delivery due to unforeseen circumstances such as natural disaster, strike or transport complications.

The Purchaser is responsible for providing accurate delivery instructions and address details in writing. If the nominated courier is unable to deliver the Purchaser’s order due to either incorrect information provided by the Purchaser, a re-delivery fee may apply. This fee will be charged to the Purchaser’s credit card.

LIABILITY

To the extent permitted by law, ELK shall not be liable for indirect or consequential losses or expenses suffered or incurred by the Purchaser in relation to the supply of goods. ELK’s liability is limited only to the cost of supply or re-supply of goods in accordance with these terms.

WARRANTIES REGARDING THE GOODS

Conditions, warranties and other provisions which apply to or in respect of goods under or by virtue of the Australian Consumer Law as amended from time to time or any other enactment of the Commonwealth of Australia, the State of Victoria or of any other place and which by that enactment cannot be excluded from these Terms and Conditions shall apply without restriction or modification.

All other warranties, conditions and guarantees which would or may be implied (whether by statute law, trade usage or otherwise) into this account agreement (including, in particular, any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from these Terms and Conditions.

JURISDICTION

This contract is made in the State of Victoria Australia.

NO COMMERCIAL USE

These sites are for your personal use only. You may not, copy, distribute, transmit, display, modify, reproduce, publish, license, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

AGREEMENT

This agreement supersedes any and all preceding agreements between the purchaser and ELK.

BILLING

We will accept payment for your purchase by either Visa®, MasterCard®, American Express®, Afterpay®, or PayPal®. All goods supplied remain the property of ELK until they are paid for in full.
Please ensure you enter your contact and delivery details correctly, including your phone number, so that we can contact you if necessary. If payment is via credit card, the name on the credit card used for payment must match the billing name on the order. We reserve the right to cancel any order which we determine does not meet this requirement.

CURRENCY

All product and shipping prices quoted on the www.elkthelabel.com are in United States Dollars (USD) and are exempt from Australian taxes (GST). All transactions are settled in USD. Some credit providers may charge additional fees, please contact your credit provider for more information. 

GST & TAXES

Purchases shipped to international address are exempt from Australian taxes (10% GST). For international orders, the prices listed do not include any overseas duties, customs or import charges which may apply depending on the landing country. Any additional international charges will be at the expense of the recipient and will not be covered by ELK. The customer may incur these charges at any time up to 24 months after the goods are purchased. ELK reserves the right to charge any unpaid or additional taxes and duties to the original purchaser’s credit card.

PROMOTIONAL CODES

We may occasionally release promotional codes valid for a specified time. These codes are valid for use within the specified time frame only. All conditions applying to each promotional code will be specified at the time of issue. They may be redeemed online at any of the ELK websites or ELK retail stores* only. They cannot be used in any independent ELK stockists.

GIFT VOUCHERS

Gift vouchers are valid for 3 years from the listed date of issue. They can be purchased and redeemed online at elkthelabel.com or our ELK retail stores*. Gift Vouchers are not valid for use at any independent ELK stockists. The voucher is valid for merchandise only and cannot be exchanged for cash. Any remaining balance of your voucher will be linked to your voucher code until redeemed. Vouchers may be spent in whole or in part. Remaining credit cannot be paid in cash. Please contact customerservice@elkthelabel.com if you have lost your voucher code. Treat your gift card like cash. Lost or stolen gift cards will only be replaced if proof of purchase can be provided.

ORDER CONFIRMATION

Confirmation of your order will be sent to your e-mail address. The e-mail will reconfirm all delivery and shipping details, charges and any other relevant information. It is the purchaser’s responsibility to ensure that all information provided is accurate. We aim to ship within 24 to 48 hours however this may vary depending on demand at the time. Please contact us immediately should you need to make any changes to your order or if you require your order by a specific time. Once order is dispatched, no changes can be made.

ORDER CANCELLATIONS

CANCELLATION BY ELK
ELK Accessories reserves the right to cancel any order at any time without notification.

CANCELLATION BY PURCHASER
We aim to ship online orders within 24 to 48 hours of the order being placed. Should you wish to cancel an order after payment has been accepted, please contact ELK via e-mail at hello@elkthelabel.com or by phone on (+61) 03 9478 1800.
Unfortunately, we are unable to cancel an order, once it has been dispatched. The order will then comply with our returns and exchange policy.

SIZING & PHOTO REPRESENTATION

The websites represent as accurate as possible representation of the product and its colour. ELK products are handmade using natural materials where possible and therefore, slight variations in colour may result.

Colour representation may also vary slightly due to computer image quality and screen settings.

Further information about product sizes can be provided on request. Please email us on hello@elkthelabel.com should you require more specific details.

OUR RETURNS POLICY

We are happy to offer you a credit or refund on most items. Please see timeframes below for returning an item to ELK -

#FULL PRICE
(INCLUDES PROMOTIONAL ITEMS)

• Returns within 30 days of purchase
• Receive a Credit or Refund

^ DISCOUNTED ITEMS

• Returns within 14 days of purchase
• Receive a Credit

* FINAL SALE ITEMS 

• No returns

Please view the "REFERENCE" section below for the definitions of "#FullPrice", "^Discounted Items" and "*Final Sale Items".

To be eligible for a credit (issued as a gift voucher) or refund, the item must meet the following criteria:

• Received within the above applicable timeframes.
• Proof of purchase is provided via receipt or order number.
• Returned in its original, unused condition with ELK tags attached. 
• Shoes returned in their original box .
• Purchased from www.elkthelabel.com or an ELK retail store. Please note, we cannot accept items purchased from an ELK stockist - you need to return to the original place of purchase.

PAYMENT METHOD

Credit Voucher
Your credit will be emailed to you as a gift voucher to the value of your item/s.

Refunds
You will be refunded in the same way you chose to pay.

• If your original purchase was split over a gift voucher and another payment method, we will refund onto the gift voucher first, and any balance onto other payment method. Please note, this is a function of Shopify, the software we use for our website and our retail stores, so unfortunately, we are unable to modify this process. We thank you for your understanding.

If you purchased online, you will receive an email confirmation when your refund has been completed.

AfterPay Refunds
For online purchases, your refund will be returned automatically.

For a purchase made at an ELK store, our retail team can assist you with a refund at any ELK store. The following steps are required to issue your refund:

• Open the AfterPay App on your phone and select the order you are returning in store.
• Click the details of the order, select "Returning an Order” and follow the prompts.

Please allow up to 10 days for processing your AfterPay refund. Please note, refunds from AfterPay will often appear as a reduction on your balance owing rather than a lump sum refund back to your original account. To learn more about Afterpay refunds please see further information by clicking the following link to view on the Afterpay website.

Exchange
Unfortunately, we currently cannot facilitate exchanges. Instead, we recommend returning the incorrect item for a credit (issued as a gift voucher to use on your next ELK purchase), or refund and then placing a new order for the correct item.

• Unfortunately, we cannot guarantee that your new item will still be in stock and available for purchase by the time your parcel is received and processed by the ELK Returns Department, or you visit one of our ELK stores.

• To ensure you don’t miss out, we highly recommend checking our website to confirm the new item you are wanting is available and purchasing the new item before returning your unwanted item.

Please contact our Customer Service team at hello@elkthelabel.com or phone +613 9478 1800 during business hours (AEST) for advice on available stock, styling or finding your best fit.

HOW TO PREPARE YOUR PARCEL FOR RETURN

For all returns, please download the Returns Form by clicking here.

1. Complete the Returns Form.

• Please include the filled in form with your returns items.

2. Carefully choose a postage method.

• ELK cannot be responsible for goods damaged in return transit.
• The purchaser is responsible for the cost of return freight.

 3. Post your parcel to:

ELK Returns Department
124 Henty Street,
Reservoir, Melbourne, 3073,
Victoria, Australia

• Once received, we aim to process in 5 business days.
• Alternatively, you can return your item to an ELK store.
  Find an ELK store here.

HOW TO RETURN AN ITEM TO AN ELK RETAIL STORE

Simply visit an ELK store and provide our Retail Team with proof of purchase and they will happily assist you.

• If you originally purchased your item online, please show our Retail Team the Online Order Confirmation with the Order Number that was emailed to you shortly after placing your online order.
• If you originally purchased at an ELK store, please show your paper receipt given to you at the time of purchase.

Please note -

• Exchanges instore are dependent on stock availability – we may not always be able to assist with your request if an item is not available in your preferred size or colour.
• All refunds must be issued back to the original account and method of purchase.

FAULTY ITEMS

In the unfortunate case you have received an item you believe to be faulty, please don’t hesitate to contact us. 
Our Customer Service team are ready to assist you to find a suitable solution.  Please contact us via email, hello@elkthelabel.com, or via phone, +613 9478 1800 during business hours (AEST).

• We recommend emailing a photo clearly highlighting the fault.
• Items will be assessed, and we will repair, replace, or refund on a case-by-case basis.
• We follow the ACCC (Australian Competition and Consumer Commission) guidelines and reserve the right to repair or replace the item we deem to be faulty in support of our sustainable values.

REFERENCES

# Promotional items include Full Priced items discounted temporarily or reduced with our newsletter subscriber offer. Due to hygiene reasons, we do not accept any returns on full price or discounted earrings, face masks or swimwear, unless deemed faulty.

^ Any Sale item permanently reduced. Please see our Terms and Conditions page to confirm return criteria during promotional sale periods.

*These items will be clearly marked on your receipt and order correspondence as “final sale” and cannot be returned unless the item is deemed faulty.

PRODUCT INFORMATION AND CARE

ELK’s products are unique. Due care is required to ensure your items look good for as long as possible. With this in mind, we offer you the following handy hints to care for your products.

JEWELLERY

All ELK jewellery is handmade using predominantly natural materials, including wood, sterling silver, shell and stone. We also use man-made materials such as resin.
The wood used for ELK’s wooden jewellery is sourced from sustainable plantation farms. No natural environment is harmed in the production and harvest of wooden materials for ELK.
Some variations may be apparent in items made from timber. These products are hand-cut and hand dyed. Variations are natural and add to a product’s overall appearance and character. They are not faults.

Most findings used are made from sterling silver, mixed metal alloys or stainless steel. We aim to ensure that all of our metal products used are nickel free. Please contact us should you require more information on any specific product.
As with any jewellery, we advise you avoid direct contact with perfume, moisturiser and any other liquids or cream products. Do not store jewellery in direct sunlight for long periods of time to avoid UV damage.

Our silver jewellery is made from 925 sterling silver. In most cases we apply an outer coating of rhodium (part of the platinum group of metals). This coating is hard wearing but not permanent. It is applied to slow the rate of natural oxidisation of silver.

SPECIAL CARE NOTES for WOODEN JEWELLERY

Our wooden jewellery is dyed in large baths of natural dye, and then tumbled in special wax to seal the colour. These wooden articles will maintain their colour and appearance as long as they are sealed properly and are kept dry.

Should you accidentally wet the jewellery, milky spots may appear. This is due to the waxy outer layer lifting from the bead and may cause the colour to bleed from the surface. Any such damage can usually be reversed by applying a small quantity of pure bees wax polish on the wooden item using a soft cotton cloth. This buffs and seals the surface, removing any milky spots. A small amount should be used and the excess removed to avoid leaching the colour.

As the majority of our jewellery is handmade, some pieces are delicate. Handling each piece with care is integral to the longevity of your jewellery. Keep each item in a dry, safe place. ELK bares no responsibility for jewellery, which is damaged, from harsh treatment or careless wear.

For item specific care information please contact us at: hello@elkthelabel.com

LEATHERGOODS

We use fine quality leathers to make our leather goods. Our leathers are sourced as a bi-product of the meat industry wherever possible.

The leather is intended to age with wear; crushed, matte and rough finishes are intentional giving the leather a distinctive look. Slight variations in colour, grain and texture are all part of leather’s unique characteristics.

Leather goods (including hardware) must be kept dry. We use mostly colourfast leathers and recommend that you treat the leather with care and store it in a dry environment, away from direct sunlight, preferably in the care bag or box provided when not being used.

Protective sprays can be used on most of ELK's leather goods. ELK, however, cannot guarantee the suitability of any chemical used on our leather and will not be responsible for any damage that may be experienced as a result. Always do a test patch on an inconspicuous section of the leather to ensure a product is suitable.

For item specific care information please contact us at: hello@elkthelabel.com

TEXTILES

ELK uses wherever possible, pure textiles and ethically grown fibres. Please treat your textile product with the utmost care. For the best care information, please refer to the labels attached to your product.

For item specific care information please contact us at: hello@elkthelabel.com

SAFETY & SECURITY

We use Secure Server Software (SSL) for ecommerce transactions. The personal information collected to complete a transaction is fully encrypted. The SSL software encryption ensures your personal information cannot be read as it travels over the Internet.

SMS COMPLIANCE

 

TCPA Compliance:
Text Marketing and notifications:
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.