Privacy & Terms

Saturday the Label (ABN 17 644002497) (Saturday the Label or our or we) is an Australian fashion house which sells designer lingerie, loungewear and associated services (Services).

This Policy governs how we deal with your personal information collected in connection with the Services.

This Policy also applies to Personal Information collected by Saturday the Label in connection with its website, social media accounts, wholesale, applications, software and other technological means (Online Platforms), as well as in connection with any direct communication between you and Saturday the Label.

By continuing to use the Online Platforms and the Services, you consent to Saturday the Label using your Personal Information in accordance with this policy.

Saturday the Label uses third parties located both locally and overseas in addition to its own resources to provide these Services.

Scope of this Policy

Saturday the Label understands that when accessing our Services, the privacy and confidentiality of Personal Information (as defined under the Privacy Act) is important to you. Saturday the Label fully respects your rights to privacy and are committed to protecting the personal and financial details you provide us in line with this Privacy Policy. This Privacy Policy applies to our Services and all individuals who use our Services or whose Personal Information is processed by Saturday the Label.

We are committed to protecting the privacy of everyone who uses our Online Platforms and/or our Services, for them to understand what Personal Information we collect and store, and why we do so, how we receive and/or obtain that information, the rights an individual has with respect to their Personal Information in our possession, and with complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (EU) 2016.679 (GDPR) and the California Consumer Privacy Act of 2018 (CCPA).

THE INFORMATION WE COLLECT

We may collect Personal Information that allows us to identify who an individual is and share Personal Information.

The type of information we may collect includes:

    • Personal Information - We may collect personal details such as an individual’s name, location, date of birth and nationality allowing us to identify who the individual is;
    • Contact Information - We collect information such as an individual’s email address, telephone & fax number, third-party user names, residential, business and postal address and other information that allows us to contact the individual;
    • Financial Information - We collect financial information such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Services;
    • Statistical Information - We collect behavioural and statistical information about an individual and businesses in connection with the Services and/or the Online Platforms.
WHY WE COLLECT PERSONAL INFORMATION
Saturday the Label collects your Personal Information so that we can carry out the following actions:
  • to enable you to use our Online Platforms;
  • to provide our Services;
  • to communicate with you, including about our Services and offers which might interest you;
  • to provide you with relevant, personalised communications;
  • to provide you with information or advice;
  • to process payments by or to you in connection with our Services;
  • create accounts, tax invoices or receipts;
  • to provide your Personal Information to third parties in order for them to supply the Services to you;
  • to consider and respond to complaints made by you.

We may disclose additional purposes for collection of your Personal Information in collection statements at the point of collection. 

HOW INFORMATION IS COLLECTED

Information is collected in association with your use of the Services, an enquiry about Saturday the Label or generally dealing with us directly or via our Online Platforms.

WHEN PERSONAL INFORMATION IS USED & DISCLOSED
  • We will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission.
    We will retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
    Subject to clause 13, we will not sell an individual’s Personal Information to unrelated third parties.
    There are some circumstances in which we must disclose an individual’s information:
    where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
    as required by any law (including the Privacy Act and GDPR); and/or
    in order to sell our business (in that we may need to transfer Personal Information to a new owner).
SENSITIVE INFORMATION

Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.

It is our policy to only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented or we are required or authorised under law to do so.

OPTING “IN” OR “OUT”
  • By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the collection and use of your Personal Information in accordance with this privacy policy.
  • An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when the Privacy Principles apply to us:
    • Opt In. Where the individual will have the right to choose to have information collected and/or receive information from us; or
    • Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
  • If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the contact details set out under “Complaints and Disputes”.
COOKIES

Saturday the Label use temporary (session) cookies and/or permanent cookies when you access our Online Platforms and/or Services. This allows us to recognise your browser and track the web pages you have visited. To opt out of personalised internet advertisement of the Saturday the Label website and products, you may at any time disable cookies via the settings within your browser, or an opt-out tool.

You can also request deletion of your data with Saturday the Label by emailing us at info@saturdaythelabel.com.

THE SAFETY AND SECURITY OF PERSONAL INFORMATION
  • We may hold your Personal Information in either electronic or hard copy form.
  • If you provide information to us electronically we retain this information in our computer systems and databases. If you provide information to us in hard copy (paper) this information is normally retained in our files and a copy is made to our electronic files.
  • We use industry standard security measures to safeguard and protect your information.
  • We may disclose your Personal Information to third parties and service providers located overseas in connection with any purpose, including to overseas cloud computing hosts. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.
  • We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
  • If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
  • We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information
HOW TO ACCESS AND / OR UPDATE INFORMATION
      • If you would like us to update or amend your Personal Information, please contact us at info@saturdaythelabel.com and we will make the requested amendments.
      • If you would like us to provide copies to you of your Personal Information which we hold, please contact us at info@saturdaythelabel.com and we will comply with your request to the extent required by law.
      • We may ask you to verify your identity to ensure that Personal Information we hold is not improperly accessed.
      • If you would like us to update or amend your Personal Information, please contact us at  and we will make the requested amendments.
      • If you would like us to provide copies to you of your Personal Information which we hold, please contact us at info@saturdaythelabel.com and we will comply with your request to the extent required by law.
      • We may ask you to verify your identity to ensure that Personal Information we hold is not improperly accessed.
    RIGHT TO BE FORGOTTEN

    In the event that you decide that you no longer want Saturday the Label to hold your Personal Information, you may notify us in writing of your desire for us to delete your Personal Information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete your Personal Information, unless we are required by law to retain such information.

    LINKS

    Links from our Online Platforms or via our Services to third party services that we do not operate or control are provided for your convenience. We are not responsible for the privacy or security practices of services that are not covered by this Privacy Policy. Third party services should have their own privacy and security policies which we encourage you to read before supplying any Personal Information to them.

    DIRECT MARKETING

    Saturday the Label and our carefully selected third party business providers may contact you with direct marketing communications and information about the Services or other products and services offered by us via telephone, email, SMS, or regular mail.

    If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

    You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us (see contact information below). You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received.

    COMPLAINTS AND DISPUTES
    • If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below:

    Privacy Officer
    Address: Factory 13/46 Bay Road Taren Point 2229 NSW Australia
    Email: info@saturdaythelabel.com

    • If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
    • If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
    GDPR

    If you are:
    A resident of the European Union accessing our Online Platforms or receiving our Services in Australia; or
    accessing our Online Platforms or receiving our Services from within the European Union,
    then in addition to our obligations under the Privacy Act, Saturday the Label is required to comply with the GDPR with respect to your Personal Information.
    Any reference to Personal Information in this Privacy Policy is also a reference to Personal Data (as defined under the GDPR).
    Saturday the Label takes the security and privacy of your Personal Information seriously and has prepared this privacy policy and taken measures to collect, process and hold all Personal Information in compliance with both the Privacy Act and GDPR regardless of the user. Therefore, no additional terms for GDPR users are required.
    CCPA


    The categories of Personal Information we have collected about consumers and disclosed about consumers for a business purpose in the preceding 12 months include:

    • Identifiers such as a real name, alias, postal address, email address, unique personal or online identifier, Internet Protocol address, account name;
    • Personal information including telephone number, credit card number, debit card number; education and employment or employment history (for recruiting and employment purposes);
    • Commercial information, including products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies;
    • Internet or other electronic network activity information, including browsing history, search history, and information regarding a consumer’s interaction with an internet website, or advertisement;
    • Geolocation data;
    • Professional or employment-related information; and
    • Inferences drawn from any of the information identified to create a profile about a consumer reflecting the consumer’s preferences, intelligence, abilities, and aptitudes.

    We do not sell Personal Information and have not sold Personal Information about consumers in the preceding 12 months.

    Personal Information subject rights under the CCPA may apply to certain individuals and households. These rights include the right to: (i) know what Personal Information is being collected about them, (ii) know whether their Personal Information is sold or disclosed and to whom, (iii) say no to the sale of Personal information, (iv) access their Personal Information, and (v) equal service and price, even if privacy rights are exercised.

    CHILDREN'S PRIVACY

    Users must be 18 years of age or older to purchase products through the Site. The Services are not directed to children under 16 years of age, and Saturday the Label does not knowingly collect Personal Information from children under 16 years of age. If you learn that your child has provided us with Personal Information without your consent, you may alert us at info@saturdaythelabel.com. If we learn that we have collected any Personal Information from children under 16 years old, we will promptly take steps to delete such information and terminate the child's account.

    ADDITIONS TO THIS POLICY

    If we decide to change this Privacy Policy, we will post the changes on our website. Please refer back to this Privacy Policy to review any amendments.

    Version Date: December 2020

    TERMS AND CONDITIONS OF SALE

    1 . Interpretation

    1.1 In these Terms:

    “Company” means Saturday the Label Pty Ltd
    “Customer” means the purchaser of Goods from the Company.
    “Goods” means all goods sold and/or delivered by the Company to the Customer.
    “Terms” means these terms and conditions of sale.

    2. Application

    2.1 These Terms apply to all contracts for the sale of Goods by the Company.
    2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
    2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

    3 . Prices

    3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.

    3.2 Prices are as marked.

    4. Payment

    4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
    4.2 A deposit of 35% of the invoice price must be paid when placing an order.
    4.3 Where Goods are ordered with fabric selected by the Customer, the fabric must be paid for in full at the time the deposit is paid.
    4.3 The balance of the invoice price must be paid in full before delivery.
    4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.

    5 . Delivery

    5.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
    5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
    5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $35.00 per week or part thereof.
    5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
    5.5 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

    6 . Title

    6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
    6.2 No refunds on sale items. All sales are final.
    6.3 Goods can be exchanged for new sizes, however no refunds will be processed on sale items.

    7 . Risk and Insurance

    7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
    7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

    8 . Inspection

    8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

    9 . Cancellations

    9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

    1 0 . Limited Liability

    10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
    10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.
    10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (C o n t r a c t) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.

    1 1 . Warranty

    11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
    11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
    11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
    11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

    12. Governing Law 

    12.1 These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.

     

    TERMS AND CONDITIONS OF SALE

    1 . Interpretation

    1.1 In these Terms:

    “Company” means Saturday the Label Pty Ltd
    “Customer” means the purchaser of Goods from the Company.
    “Goods” means all goods sold and/or delivered by the Company to the Customer.
    “Terms” means these terms and conditions of sale.

    2. Application

    2.1 These Terms apply to all contracts for the sale of Goods by the Company.
    2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
    2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

    3 . Prices

    3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.

    3.2 Prices are as marked.

    4. Payment

    4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
    4.2 A deposit of 35% of the invoice price must be paid when placing an order.
    4.3 Where Goods are ordered with fabric selected by the Customer, the fabric must be paid for in full at the time the deposit is paid.
    4.3 The balance of the invoice price must be paid in full before delivery.
    4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.

    5 . Delivery

    5.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
    5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
    5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $35.00 per week or part thereof.
    5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
    5.5 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

    6 . Title

    6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
    6.2 No refunds on sale items. All sales are final.
    6.3 Goods can be exchanged for new sizes, however no refunds will be processed on sale items.

    7 . Risk and Insurance

    7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
    7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

    8 . Inspection

    8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

    9 . Cancellations

    9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

    1 0 . Limited Liability

    10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
    10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.
    10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (C o n t r a c t) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.

    1 1 . Warranty

    11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
    11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
    11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
    11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

    12. Governing Law 

    12.1 These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.