Terms & Conditions

Please read these Terms before approving an order or making a payment. By approving an order in CloudBridal, paying a deposit or paying the purchase price, the purchaser agrees to these Terms.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

1. THE AGREEMENT

1.1 These Terms apply to purchases from Accapella Bridal Pty Ltd (Accapella Bridal, we, us or our), including boutique purchases, special orders, off-the-rack and sample gowns, accessories, fees and services and online, interstate or international sales.

1.2 The person identified as the purchaser in the CloudBridal order record is the Purchaser (you or your). If the bride and the person paying are different people, the order record must identify who is authorised to approve the size, colour, custom changes, alterations and any exceptional request for release from the order. Payment by another person does not, by itself, give that person authority to change the order or receive a refund.

1.3 The CloudBridal order record, these Terms, any written custom-change schedule and any sample-gown condition report, all form the agreement. If they conflict, the specific details recorded in the order record prevail over these general Terms.

1.4 You must check the designer, style, colour, size, accessories, custom changes, wedding date, contact details and delivery or collection arrangements before approving the order. Tell us immediately if any information is incorrect.

1.5 Any change to the order must be agreed in writing. A supplier may refuse a change after accepting the order.

2. PAYMENT

2.1 A 50% deposit in cleared funds is required for every gown or accessory that is to be ordered from a supplier. We will not submit the order until you have approved the order record and the full 50% deposit has cleared.

2.2 Off-the-rack, sample and sale items must be paid for in full at the time of purchase unless a separate written payment arrangement is agreed.

2.3 The remaining balance for an ordered item must be paid in full before alteration work begins, before the item is collected, or before it is dispatched, whichever occurs first. We may postpone alterations, collection or dispatch until cleared payment is received.

2.4 Payment may be by EFTPOS, cash or direct deposit. Current banking details will appear on our invoice. For fraud protection, do not act on a request to pay a different bank account before confirming the change with us using a telephone number you already know to be genuine.

2.5 Legal title to an item remains with Accapella Bridal until the purchase price and all agreed charges for that item have been paid in full. This does not allow us to dispose of a fully paid customer-owned item except in accordance with applicable law.

2.6 Any installment/payment plan must be recorded in a separate written agreement. If an arrangement is a lay-by under the Australian Consumer Law, the statutory lay-by rules apply despite anything inconsistent in these Terms.

3. SPECIAL ORDERS, CHANGE OF MIND AND CANCELLATION

3.1 Ordered gowns and accessories are obtained specifically for you using the selections recorded in CloudBridal. Once submitted to and accepted by the supplier, the order is binding and may involve non-recoverable supplier charges, as well as a $500 fee for Accapella Bridal.

3.2 Subject to your rights under the Australian Consumer Law, we do not provide a refund, exchange or store credit merely because you change your mind, your wedding is cancelled or postponed, your relationship or personal circumstances change, your body changes, you find another gown, or you no longer want the item

3.3 Once we have submitted the order to the supplier, you may not cancel it for change of mind. The order continues, all payments already made remain applied to it, and the remaining balance remains payable in accordance with the agreement. The item will remain available for collection after payment in full.

3.4 We may, but are not obliged to, consider an exceptional written request to release you from the order. Any request must be sent to hello@accapellabridal.com.au and is not accepted unless we confirm acceptance in writing. The fact that a supplier may be willing to cancel does not, by itself, give you a right to cancel your agreement with us.

3.5 If we agree in writing to release you from the order, we will calculate any refund by deducting:

(a) supplier cancellation charges and other amounts we cannot recover;

(b) a $500 cancellation administration fee for the reasonable work and costs involved in preparing, placing and cancelling the order, including measurements, order documentation, supplier communications, payment processing and accounting; and

(c) any other reasonable, directly incurred and non-recoverable cost.

Total deductions will not exceed our reasonable costs and loss and will be subject to applicable law. We will provide an explanation of the deductions on request.

3.6 If we do not agree to release you from the order, the original agreement continues and must be completed by both parties.

3.7 If we cannot supply the ordered item, or if the item or our service does not comply with a consumer guarantee, your rights and our obligations will be determined by the Australian Consumer Law. The change-of-mind provisions above do not limit those rights.

4. PRODUCTION AND DELIVERY TIMING

4.1 You must give us the correct wedding date and any travel date by which the gown is reasonably required. You are responsible for allowing sufficient time after arrival for fittings, alterations and collection.

4.2 Any production or arrival date is an estimate based on information provided by the supplier and carrier. It is not a guaranteed date unless we expressly describe it as guaranteed in writing.

4.3 Production and transport may take longer around Christmas, Easter, factory closures and international holidays. Unexpected supplier delays, customs delays, industrial action, severe weather, natural disasters, war, government action, transport disruption and other events outside our reasonable control may also affect timing.

4.4 If we learn of a material delay, we will tell you within a reasonable time, seek updated information and take reasonable steps to assist. A delay outside our control does not automatically create a change-of-mind refund right, but it does not remove any right you may have where supply does not occur by an agreed date or within a reasonable time.

4.5 If an event outside either party's reasonable control temporarily prevents performance, the affected obligations are suspended for the period reasonably necessary. If the event makes performance impossible or causes a prolonged delay, the parties will discuss an alternative, replacement or cancellation consistently with the agreement and applicable law.

5. MEASUREMENTS, DESIGNER SIZING AND FIT

5.1 At ordering, we record your measurements and recommend a designer size using the supplier's current size chart. Bridal sizing often differs from everyday clothing sizing. This applies to orders sent to the designers, not neccesarily to sale or off-the-rack purchases.

5.2 Unless the order record expressly states that the gown is made to measure, the gown is made to the supplier's standard size and not to your individual measurements. Alterations are commonly required to achieve the preferred fit and are not, by themselves, evidence that the gown is faulty.

5.3 You must approve the ordered size recorded in CloudBridal. If you choose a size contrary to our recommendation, that decision must be recorded in writing.

5.4 We are not responsible for alterations made necessary by weight loss or gain, pregnancy, changes in body shape, different undergarments or shoes, or a decision to change the desired fit after ordering, except to the extent the need for alterations was caused by our error or another matter for which we are legally responsible.

5.5 Handmade gowns, lace, embroidery, beading, fabric dye lots and applique placement may have minor variations from a sample or image. Reasonable variations inherent in handmade production are not necessarily defects. This clause does not excuse a material difference from the agreed description, sample or custom-change specification.

6. CUSTOM CHANGES

6.1 A custom change is included only if it is clearly recorded in CloudBridal or in a written custom-change schedule and accepted by the supplier in writing. Verbal discussions, inspiration photographs, videos, sketches and messages are not part of the specification unless the relevant detail is recorded in or attached to the order.

6.2 Custom-change charges, additional production time and any rush fee may be stated after the order is confirmed dependant on when the supplier has made that information available, and when the purchuser makes such decisions. These charges are additional to the standard gown price unless expressly included.

6.3 A custom change does not make the gown made to measure. The gown will still be produced to the ordered standard size unless the supplier expressly confirms otherwise in writing.

6.4 Reference images and sketches communicate the requested design direction but are not a promise of an exact copy unless the supplier expressly agrees to measurable specifications. The supplier may use reasonable construction methods and handmade tolerances, provided the completed work materially matches the accepted written specification.

6.5 After the supplier accepts a custom-change order, further changes or cancellation are not guaranteed. If accepted, additional supplier charges, production time and rush fees will be quoted and require your written approval before proceeding.

6.6 Nothing in this section limits your rights if the completed item materially fails to match an agreed description or otherwise fails to comply with the Australian Consumer Law.

7. ARRIVAL, INSPECTION, STORAGE AND CONCERNS

7.1 We will contact you using the details recorded in CloudBridal when the item arrives and will carry out our usual visual quality check.

7.2 You should inspect and, where applicable, try on the item within a reasonable time. (Some designers have a 7 day concerns window). Please raise any concern promptly so that there is sufficient time to inspect the item and, where appropriate, seek a supplier response before alterations or the wedding.

7.3 A request to inspect promptly does not impose an unlawful time limit on your consumer rights.

7.4 Accapella Bridal is able to store your dress free of charge for up to one year from purchase order date. Storage beyond this time may incur a storage fee. 

8. ALTERATIONS

8.1 Alterations are not included in the gown or accessory price unless expressly stated otherwise. The gown purchase and alteration service are separate scopes of work.

8.2 The full balance for the gown and accessories must be paid in cleared funds before we release the gown to either you or your Alteration Specialist.

8.3 If you contract directly with an independent seamstress or other third party, that service is a separate contract between you and that provider, including Alterations by Connie. We are not responsible for that provider's work or for damage caused after the item leaves our control, except to the extent required by law or caused by our own conduct.

 9. OFF-THE-RACK, SAMPLE AND SALE ITEMS

9.1 Off-the-rack, sample and sale items must be paid for in full and are sold in their existing condition, subject to the Australian Consumer Law.

9.2 Before purchase, we will disclose known faults, wear, marks, missing components or damage in CloudBridal, a written condition report or the online listing. You acknowledge the specifically disclosed condition and that the price may reflect it. A disclosed fault that you accepted before purchase will not generally give rise to a remedy for that same fault.

9.3 No change-of-mind refund or exchange is offered for an off-the-rack, sample or sale item. This does not limit remedies for an undisclosed problem covered by the Australian Consumer Law.

9.4 For remote purchases, garment measurements are approximate and are provided as a guide. You are responsible for comparing them with your own measurements and allowing for alterations. We do not guarantee fit based solely on a stated street or bridal size.

9.5 Colours may appear differently across screens and lighting. Contact us before purchase if an exact colour is important. We will describe the item honestly and provide reasonable additional photographs or information on request.

10. COLLECTION AND UNCOLLECTED ITEMS

10.1 You must collect the item on the agreed collection date. If no collection date has been agreed and the item is not being held under an agreed alteration schedule, you must arrange collection within 14 calendar days after our ready-for-collection notice.

10.2 We do not charge storage fees for up to one year. However, you must remain contactable and arrange collection by the applicable date. If you need us to hold the item longer, contact us before that date so that a revised fitting or collection date can be agreed in writing. For dress storage over a year, a seperate arrangement will need to be made.

10.3 We will send notices to the most recent email address, mobile number or postal address recorded in CloudBridal. You must tell us promptly if your contact details change.

10.4 A fully paid item that remains uncollected will not automatically become our property. If necessary, it may be moved, stored, sold or otherwise dealt with only in accordance with the Uncollected Goods Act 1995 (NSW), including applicable notice periods. Reasonable third-party carriage, maintenance, insurance and disposal costs may be recovered as permitted by that Act.

10.5 If an amount remains unpaid and you do not remedy the default after reasonable written notice, we may suspend performance or terminate the agreement and exercise any lawful right to recover our reasonable loss. We will take reasonable steps to reduce avoidable loss and will account for any amount that the law requires to be refunded.

11. ONLINE, INTERSTATE AND INTERNATIONAL SHIPPING

11.1 Remote orders must be paid in full, including agreed freight and insurance, before dispatch. You must confirm the complete delivery address and contact number in writing. We are not responsible for delay or loss caused by an incorrect address supplied by you.

11.2 If we arrange the carrier, we will package the item with reasonable care and provide tracking where available. Risk passes to you when the parcel is delivered to the nominated address in accordance with your delivery instructions, subject to any rights that cannot be excluded by law.

11.3 If you authorise authority to leave, you accept the risk of theft, weather exposure or damage occurring after the carrier records delivery in accordance with that authority, except to the extent caused by our breach or otherwise covered by law. We recommend signature-on-delivery and transit insurance for gowns.

11.4 If you independently engage and pay a carrier that is not arranged by us, risk passes when we hand the correctly addressed and reasonably packaged item to that carrier, to the extent permitted by law.

11.5 For international orders, you are responsible for destination-country duties, taxes, customs charges and import requirements. Customs and border delays are outside our direct control, but we will provide reasonable dispatch information and assistance.

11.6 Inspect a delivered parcel promptly. If there appears to be transit damage, photograph the unopened packaging and item, retain all packaging and contact us as soon as possible, preferably within 48 hours, so we can assist with a carrier or insurance claim. This preferred reporting period does not reduce your rights under the Australian Consumer Law.

12. CARE AND RESPONSIBILITY AFTER HANDOVER

12.1 After collection or delivery, you are responsible for appropriate transport, hanging, storage, handling and care of the item. Follow any care instructions and use a bridal specialist for cleaning or pressing.

12.2 We are not responsible for damage occurring after handover because of accident, misuse, unsuitable storage, moisture, heat, pets, jewellery, fake tan, makeup, food, drink, external cleaning, pressing or third-party alterations, except where the damage results from a pre-existing defect, our conduct or another matter for which we are legally responsible.

13. AUSTRALIAN CONSUMER LAW

13.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Depending on the circumstances, you may be entitled to a repair, replacement, refund, cancellation or compensation if a product or service does not comply with those guarantees.

13.2 Nothing in these Terms is intended to exclude, restrict or modify a consumer guarantee or any other right or remedy that cannot lawfully be excluded. If a provision would otherwise do so, it is to be read down to the extent necessary to comply with the law.

13.3 For a problem or complaint, contact hello@accapellabridal.com.au with your name, order details, a description of the issue and relevant photographs. We may ask for proof of purchase and a reasonable opportunity to inspect the item.

14. GENERAL PROVISIONS

14.1 The agreement is governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to courts and tribunals with jurisdiction, including the NSW Civil and Administrative Tribunal where applicable.

14.2 Before starting formal proceedings, each party should give the other reasonable written details of the dispute and a reasonable opportunity to resolve it, unless urgent action is required.

14.3 If part of the agreement is invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue to operate.

14.4 A failure or delay in enforcing a right does not waive that right. Any waiver must be in writing.

14.5 Approving the order electronically, accepting through an online checkout, or paying the required deposit or purchase price may constitute acceptance of the agreement.

 CONTACT

Accapella Bridal Pty Ltd

Email: hello@accapellabridal.com.au

Website: accapellabridal.com.au