Terms & Conditions

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These are the legal terms and conditions under which We or Concessionaire Brands supply the products (“Products”) listed on our website www.debenhams.au (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice and Terms of Use, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice or our Terms of Use do not use our site.

1.1. Our site is operated by Debenhams Brands Limited (“We”, "us, or "our"). We are a company registered in England and Wales under company number 13135555 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is aus.customerservices@debenhams.com.

1.2. If we need to contact you, we will do so by writing to you at the e-mail address or postal address you provided to us in your order, unless you have asked us to contact you by any other means. When we use the words “writing” or “written” in these terms, this includes e-mails.

2.1. Where you place an order on our site for a Product sold by Debenhams, the Contract for the sale of the Product is between you and Debenhams.

2.2. Where you place an order on our site for a Product sold by a third party seller (a "Concessionaire Brand"), Debenhams acts as the Concessionaire Brand's disclosed agent and not as principal. This means the Contract for the sale of such Products is made between you and the relevant Concessionaire Brand, on the terms and conditions set out in this document. Other than concluding sales as a disclosed agent on the Concessionaire Brands’ behalf, Debenhams Brands Limited has no responsibility to you in respect of Contracts made with any Concessionaire Brands and all references in the remainder of these terms and conditions to "We", "us" or "our" shall be deemed to refer to the relevant Concessionaire Brand. The Concessionaire Brand's company details can be found here.

3.1. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Deliveries” page .

4.1. You may only purchase Products from us if:

(a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);

(b) you are an authorised user of the credit or debit card used to pay for your order; and

(c) you are resident in a country that we deliver to (please see our “Deliveries” page for further information).

5.1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).

5.2. After you submit your order, We immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.

5.3. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 10 of these terms and conditions or under our Returns Policy.

5.4. From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.

5.5. These terms and conditions, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.

6.1. We will seek to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.

6.2. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract.

6.3. Delivery of your order will be complete when We deliver the Products to the address you gave us and the Products will be your responsibility from that time.

6.4. If you check out using your bank details, Paypal, or Apple Pay, you will own the Products once we have received payment in full. However, when you check-out using a payment instalment method, for example through a finance provider such as Klarna, then alternative terms will apply to you, further information on this is set out in Section 8 below.

6.5. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.

6.6. Working Days excludes Sunday and public holidays and Saturdays for some Concessionaire Brands.

6.7. Delivery times and costs may be increased where the Products are shipped outside Australia. In addition, if you order Products from us for delivery to a destination outside Australia:

6.7.1. your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;

6.7.2. you must comply with all applicable laws and regulations of the Australia and any country for which the Products are destined. We will not be liable or responsible if you break any such law; and

6.7.3. please see our Returns Policy for details on returning any Products to us from a destination outside the Australia.

6.8. Please note postcode restrictions apply and that orders placed with Concessionaire Brands can only be delivered within the Australia. Check your eligibility.

6.8. Please note postcode restrictions apply and that orders placed with Concessionaire Brands can only be delivered within the Australia. Check your eligibility.

7.1. The price payable for the Products shall be as shown on our site in Australian Dollars (AUD), although please see clauses 7.4 and 7.5 for what happens if we discover an error in the price of any Product you order.

7.2. Prices advertised on our site include Good and Services Tax (GST) at the relevant rate chargeable but exclude delivery charges which are payable in addition and shown separately during the checkout process.

7.3 We can change the prices on our site at any time without notice, but changes will not affect orders which we have already accepted.

7.4. We accept payment by debit card or credit card, Apple Pay (iOS only), PayPal, Afterpay, Klarna, and Zip Pay. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.

7.5. You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.

If you are using Afterpay, such payment will be subject to additional terms between you and Afterpay, available at https://www.afterpay.com/en-AU/terms-of-service. For more information about how Afterpay will handle your personal data see their Privacy Policy, available at https://www.afterpay.com/en-AU/privacy-policy.

If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at https://www.klarna.com/au/legal/. See https://www.klarna.com/uk/customer-service for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at https://www.klarna.com/au/legal/.

If you are using Zip, such payment will be subject to additional terms between you and Zip available at https://zip.co/files/au/zip-pay-terms-and-conditions.pdf. For more information about how Zip will handle your personal data see their Privacy Policy, available at https://zip.co/au/page/privacy.

7.6. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.

7.7. Your liability to pay for the Product is satisfied once Debenhams has received your payment in full in accordance with clause 7.4 above, irrespective of whether the Product is sold by Debenhams or a Concessionaire Brand. Debenhams is entitled to use the proceeds of your payment at its absolute discretion, to the extent that such use will have no effect on the satisfaction of your liability in relation to your purchase of the Product.

7.8. Official Debenhams promotion codes entitle you to an offer on your online order. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and cannot be used in conjunction with any other promotion or offer. Additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired, or where fraud is suspected. There is no cash alternative. Promotion codes and related offers are not open to employees of Boohoo Group PLC and its subsidiaries and we reserve the right to withdraw them and refuse or restrict any order at any time.

7.9. Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion of the value of this product, which is not intended to reflect a former price at which this product has sold in the recent past. This amount represents our opinion of the full retail value of this product today based on our own assessment after considering a number of factors. That’s why before checking out, it’s important you acknowledge that you understand this.

8.1. You may wish to return an item using our Australian returns service. The process for returning your Products is dependent on whether the individual item was supplied by Debenhams or by a Concession Brand. For further information on returns please see our Returns Policy.

8.2. A returns charge per parcel may be deducted from your refund amount.

8.3. Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or if any item's label or tag has been removed, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can contact us and we will discuss the matter with you further.

8.4. You have 28 calendar days to cancel your order if you change your mind. This cancellation period starts from the day after you receive your order. If your order is split into more than one delivery, then the cancellation period will start on the day after you have received all of the items in your order.

8.5. All returns are quality checked. If an item (other than an item returned due to being faulty), we reserve the right to refuse your refund. Alternatively, we reserve the right to reduce your refund value to reflect any reduction in the value of an item.

· Items must be returned within 28 days of receipt.

· Items must be undamaged, unworn, unwashed, and unused with the original labels still attached.

· Pierced jewellery cannot be returned for health and hygiene reasons, unless in a sealed and unopened packet.

· Underwear and swimwear can only be returned if the hygiene seal has not been removed.

· Beauty products, accessories and fashion facemasks cannot be returned for hygiene reasons.

· Shoes must be tried on indoors.

8.6. You may also have additional rights to terminate the Contract under applicable consumer laws.

11.1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.

11.2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.

11.3. If you discover that your Product is faulty after 14 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.

10.1. We may end the Contract at any time by writing to you if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

(c) you do not, within a reasonable time, allow us to deliver the Products to you.

10.2. We may also end the Contract in the circumstances set out in clause 6.2 or clause 7.5.

10.3. If We end the Contract in any of the situations set out in clause 12.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of you breaking the Contract.

12.1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.

12.2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity, indirect or consequential loss or damage, and will not provide tax invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.

12.3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which we may not exclude or limit our liability under any applicable law.

12.4. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL DEBENHAMS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation):

(hereinafter referred to as an “Event Outside Our Control“).

13.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

14.1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.

15.1 You may post reviews and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

16.1. You can contact us with any questions, comments, requests or complaints regarding these terms and conditions of sale or our Products, by addressing them to aus.customerservices@debenhams.com.

17.1. You must expressly opt in to Debenhams’s SMS messaging initiative (the “Initiative”) to receive Initiative messages. By enrolling, you expressly consent and agree to receive recurring SMS and MMS messages from Debenhams at the telephone number you provided including advertising, marketing, news, updates, and other information from or on behalf of Debenhams. You acknowledge and agree that Initiative messages may be sent using a system that could qualify as an automatic telephone dialling system, another automated system for the selection and dialling of telephone numbers, or any other messaging technology. Your consent to participate in our Initiative is not required (directly or indirectly) as a condition of purchasing any property, goods, or services and it is not required to use our Site, App, or Services.

17.2. Message Frequency. The frequency of Initiative messages may vary and we may change the frequency of the messages you receive at any time, including in response to your interactions with us. You agree we may send SMS/MMS text messages as often as needed.

17.3 Getting HELP. For support or assistance, text the word HELP to the short code or number from which you currently are receiving our text messages or respond with the keyword HELP to any message you receive from our Initiative or you can email info@debenhams.co.uk.

17.4. Opting Out. You can opt out from receiving SMS/MMS text messages through our Initiative by responding with the keyword STOP to any message you receive from our Initiative, or you can text STOP to the short code or number from which you currently are receiving our text messages. You will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Initiative at any time with notice to you.

17.5. Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.

17.6. Your Duties for Your Own Phone Number. If you enroll in the Initiative, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging Initiative. If you change or deactivate that number, you are responsible for notifying us immediately. The Initiative is offered on an “as-is”, “as-available” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages.

17.7. Participation Subject to Termination or Change. If you enroll in Debenhams’s Initiative, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

18.1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

18.2. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.

18.3. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

18.4. You may only transfer your rights or your obligations under these terms and conditions or the Contract to another person if we agree in writing.

18.5. If we have to contact you, we will do so in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any

other means. When we refer in these terms and conditions to “in writing”, this includes e-mail.

18.6. Where the Contract relates to Products sold by a Concessionaire Brand, the Contract is between you and the relevant Concessionaire Brand. Alternatively, where the Contract relates to Products sold by Debenhams, the Contract is between you and Debenhams. No other person shall have any rights to enforce any of its terms.

18.6. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.7. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.8. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.

18.9. In respect of any dispute or claim relating to a Contract, if you are a consumer you and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and we both submit to the exclusive jurisdiction of the courts of England and Wales.