Terms of Service

These Terms of Service were last updated on 8 March 2018 and are available in the English language only.

Please read carefully the Terms of Service & Privacy Policy before using this Site and prior to purchasing products from this Site.

The website http://www.simplechic.com.au/ and the associated applications (“Site") is owned and operated by Home by Mira Mikosic (ABN 52 674 698 771) trading as and referred to as Simple Chic(or "we", "our", "us" or the "Company").

These Terms of Service together with the documents referred to within the Terms of Service govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product, you agree to be legally bound by these Terms of Service.

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms of Service and any applicable law.

1.2 You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.

1.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address.
(b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).

1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.

2. INFORMATION ON THIS SITE - COPYRIGHTS, TRADEMARKS & INTELLECTUAL PROPERTY RIGHTS

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights (such as: text, graphics, logos, button icons, images, audio and video clips). These rights are owned by or licensed to Simple Chic.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about fabrics on the Site is based on material provided by third party merchants, suppliers and manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, fabrics and apparel) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In the case of fabric samples, you may wish to order through Simple Chic, for a small fee, sample/s of the fabric to inform your purchase decision.

3. OBLIGATIONS OF CLIENTS & USERS

3.1 Clients and Users must not:
(a) Engage in gross misconduct or behave in a manner that is offensive or inappropriate, having regard to local laws, customs and observances, including by acting in a hostile, abusive or aggressive manner towards Simple Chic or any of the Company's staff, partners or suppliers;

(b) Supply, or attempt to supply false or misleading information, or make a misrepresentation, to Simple Chic, distribute or on-sell Simple Chic products, in whole or in part, without the written permission of Simple Chic, or attempt to do any of those things.

(c) As a general comment, Clients and Users must operate at all times in conformity with the law, with the norms of polite behaviour and the requirements of good faith, employing all due diligence and abstaining from using the Site in any way that may impede, damage or adversely affect the normal operation of the Site, or the goods or rights of Simple Chic, of its suppliers, of other Users or in general of any third party. Specifically, and without this implying any limitation of any kind of provisions of the previous section, Clients and Users shall, during their use of the Site, accept the following obligations:

(i) To provide truthful information in terms of the data requested in the registration form or the order form, and to keep the said data updated.

(ii) Not to introduce, store or propagate on or from the Site any information or material that is defamatory, insulting, obscene, threatening or xenophobic, or is of a type likely to incite to violence or to discrimination for reasons of race, sex, ideology or religion, or that in any way offends against morality, public order, fundamental rights or public liberties, or against the honour, privacy or image of third parties, or in general against regulations currently in force.

(iii) Not to introduce, store or propagate through the Site any program, data, virus, or code, or any other electronic or physical equipment that is likely to cause damage to the Site, to any of its services, or to any of the equipment, systems or networks of Simple Chic, of any other User, of Simple Chic suppliers, or in general of any third party.

(iv) Not engage in advertising activities or any form of commercial exploitation of the Site, and not to use the contents and information contained on the Site to transmit advertising, or to send messages with any other commercial purpose in mind, or to collect or store the personal data of third parties.

(v) Not to use false identities, or to supplant the identity of others when using the Site or any of its services, including the use if required of passwords or access codes belonging to third parties, or in any other way.

(vi) Not to destroy, alter, use for the User’s own purposes, render unusable or damage the data, information, programs or electronic documents belonging to Simple Chic, to our suppliers or to third parties.

3.2 Act in any other way which breaches these Terms of Service. If an existing Client or User commit a material breach of any of the Terms of Service, or has failed to pay an account, Simple Chic may terminate any further relations, services with the Client or User.

3.3 If Simple Chic intends to take action the Company will notify the said person of its intention and the reason for that action. The Client or User will then have 21 days to respond to this notice by rectifying the breach (where possible) and providing any reasons why Simple Chic should not take action. Simple Chic will review the response and advise the said person of its position.

4. ORDER AND FORMATION OF CONTRACT

4.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

4.2 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, unless otherwise stated all charges are in Australian Dollars.

4.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.

4.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Simple Chic immediately, via the Site form on the Contact page of this Site. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

4.5 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order); or
(b) we suspect that you might on sell our Products to other consumers.

4.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

5. DELIVERY

5.1 We aim to deliver the finished product to you at the place of delivery requested by you within 4-5 weeks from the date of payment. At the time of your Order, we will provide you with an estimated delivery time but we cannot guarantee any firm delivery dates. Simple Chic guarantees delivery except in situations, events or circumstances that are beyond our control (customer is not available, adverse weather conditions, errors in shipping information, local custom procedures, public holidays, etc.).

5.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

5.3 Shipping is free for orders over a total value of AUD $250.00. For orders below this value standard shipping costs will be at a flat rate of AUD $12.00 in Australia and for international orders a standard flat rate of AUD$25.

5.4 We ship DDU (Delivery Duty Unpaid) to destinations outside Australia. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict this amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

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

5.6 You may grant us an 'authority to leave' when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

5.7 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges and less any sunk costs for fabrics, materials and labour for creating a custom tailored garment (including for attempting to deliver and then returning the product, and any storage fees as provided for above).

5.8 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

5.9 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

5.10 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

6. CANCELLATION

6.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product. Please note, depending on the payment method used, refunds may take up to 10 business days to be received back into your account.

6.2 If you wish to cancel your order, please contact Simple Chic via http://www.simplechic.com.au/pages/contact within 24 hours of the date of purchase. No cancellation fees will apply. After 24 hours we cannot cancel the order as its production has begun and costs incurred, including: cut/trim of fabrics and tailoring time.

7. OVERSEAS TAXES, GST, CUSTOMS CHARGES AND DUTIES

As our Site is based in Australia, we charge you for your order in Australian dollars. The actual price charged to Overseas clients will be subject to the exchange rate applied by the client's credit or debit card company. Please note orders which are shipped to countries outside of Australia may incur GST, customs charges and duties charged by the local Customs Service once the parcel reaches its destination port and must be paid by the recipient directly to the local Customs Service or its authorised service provider. We are not responsible for and will not reimburse any of these GST, charges or duties.

With the exception of GST in Australia. For the purposes of overseas Client purchases' Taxes are not included. Our product costs are exclusive of any taxes, duties or other local governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges directly.

8. AFTER-SALES POLICY: ALTERNATIONS, REMAKES AND REFUNDS.

Simple Chic offer a Fit Guarantee for all its garments. The Fit Guarantee includes one of three options, these options cannot be used in conjunction with one another:

8.1a Option 1: Alteration by Simple Chic. Returning the garment back to Simple Chic, at the specified address provided by Simple Chic, for further adjustment based on Client feedback and fit requirements. Simple Chic will allow Clients up to two returns for adjustments within two months of the original purchase date. Currently, this option is available to all local Australian resident Clients only. Cost of up to two additional delivery services will be paid for by Simple Chic. We want our Client's to be satisfied with both our service and Fit Guarantee.

8.1b Option 2: Alteration by your Local Alteration Shop. Both Australian and International Client's also have the option to take their garment/s to any of their preferred local Alteration Stores and Simple Chic will refund the cost of the alterations. Maximum refund is up to 25% of the Simple Chic purchase price of the garment.

To request a refund for the alterations, the following steps need to be followed:

(i) Take your garment/s to your preferred local Alterations Shop

(ii) Then send an email to alterationrefunds@simplechic.com.au with a copy of the original receipt or invoice for the cost of the alternations.

(iii) Simple Chic will refund to the Client the cost of the alternations (maximum payment is up to 25% of the cost of the purchase price of the Simple Chic garment) within 5-10 business days.

The following conditions apply for the refund of third party garment alternations:

(i) The Client must advise Simple Chic of a refund request within 30 days after delivery of the garment.

(ii) Refund will only be provided if the Client can provide a real invoice within 30 days after the delivery of the garment.

(iii) The refunds for adjustments are up to a maximum of 25% of the garment/ product price.

(iv) The refund for the adjustments will be as Simple Chic Store Credit if the invoice for the alternations is received between 30 and 90 days after delivery. No refund will be provided if invoice is received after 91 days from product delivery date.

8.1c Option 3: Remake. In cases where the garment cannot be adjusted, due to a measurement error of the company, Simple Chic will proceed to do a remake for the Client.

The following conditions apply for garment remakes:

(i) The new garment will be the same as the original one

(ii) The original garments will need to be returned to Simple Chic prior to the commencement of the new garment remake. Simple Chic will be responsible for the return shipping charges.

(iii) Style and fabric changes have an additional cost of 20% of the original garment purchased, plus any difference in the fabric price.

9. FAULTY PRODUCT RETURNS

9.1 We aim to provide you with garment or product of the highest standard and quality. If you have received a garment or product with a defect, please contact us via http://www.simplechic.com.au/pages/contact as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.

9.2 If the garment or product is confirmed to have a defect, we will replace the garment (or product) or refund the price of the garment or product to your original payment method at your request. If the garment or product is found not to have a defect and is compliant with our Fit Guarantee, we will ship the garment or product back to you and no refund will be provided.

9.3 It does not constitute a defect, if in our reasonable opinion, the garment or product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, using it in an abnormal way or failure to take reasonable care (as outlined in our garment and product care instructions).

10. CHANGE OF MIND RETURNS

As all our garments are 100% individually custom-tailored and handcrafted for individual Clients we do not offer returns and refunds for change of mind or other reasons. This is standard practice for custom-tailored products as there is no resale value for the garments.

11. VOUCHERS, GIFT CARDS AND STORE CREDIT

11.1 You may use vouchers or gift cards as payment for certain garments or products on the Site. We may email vouchers and electronic gift cards to you. We accept no Liability for errors in the email address provided to us. We assume no Liability for the loss, theft or illegibility of vouchers. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of vouchers or gift cards on the Site, we are entitled to close your Account and/or require a different means of payment.

11.2 Conditions for the redemption of vouchers
(a) From time to time we may release vouchers that may be used on the Site. Vouchers can only be redeemed on the Site in accordance with the special terms and conditions stated on them.
(b) Vouchers are valid for the specified period stated on them only. Certain garments or products may be excluded from voucher promotions.
(c) Vouchers cannot be redeemed for cash. If you place an Order for a garment or product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or in conjunction with any other offer). Please note that only one voucher can be used per Order.
(d) Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple garments and/or products are purchased using a voucher, and one or more garments and/or products are returned, the discount is applied on a pro rata basis to each garment and/or product for the purpose of establishing refund values.

11.3 Conditions for the redemption of Gift Cards
(a) You may purchase gift cards for use on the Site by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
(b) Gift cards are valid for 12 months. Any balance that remains after the 12 months will not be available for use.
(c) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the instructions provided.
(d) If you place an Order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order.
(e) If an Order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each garment or product in an Order for the purpose of establishing refund values.

11.4 Conditions for using store credit
(a) Store credits are applied to the account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
(b) Store credit is valid for 12 months. Any balance that remains after the 12 months will not be available for use.
(c) Store credit does not accrue interest nor can it be redeemed or refunded for cash. If an Order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only. Store credits are applied on a pro rata basis to each garment or product in an Order for the purpose of establishing refund values.

12. DISCLAIMER AND LIABILITY

12.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms of Service or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms of Service or the entering into or performance of these Terms of Service.

12.2 Nothing in these Terms of Service excludes or limits your statutory rights as a consumer or our Liability for:
(a) fraud;
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.

12.3 In performing any obligation under these Terms of Service, our only duty is to exercise reasonable care and skill.

12.4 Subject to clause 12.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms of Service.
(f) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms of Service.
(g) Our total Liability under any Contract shall in no circumstances exceed,

(i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

13. INDEMINITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your breach of any law or the rights of a third party.

14. PRIVACY POLICY

Please see our privacy policy https://simplechic.com.au/pages/privacy

15. MEDIATION AND DISPUTE RESOLUTION

In the event of any dispute under these Terms of Service the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms of Service which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

16. GENERAL

16.1 Entire agreement: These Terms of Service contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms of Service except as expressly stated in these Terms of Service. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.

16.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Service. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Service to any person.

16.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms of Service where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

16.4 No waiver: No waiver by us of any default of yours under these Terms of Service shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms of Service.

16.5 Notices: Unless otherwise stated within these Terms of Service, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.

16.6 Third party rights: All provisions of these Terms of Service apply equally to and are for the benefit of Simple Chic by Mira Miguel, its subsidiaries, any holding companies of Simple Chic by Mira Miguel, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Service may be varied or rescinded without the consent of those parties).

16.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

16.8 Severability: If any provision of these Terms of Service is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Service shall not be affected.

16.9 Governing law: These Terms of Service (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales, Australia.

16.10 Change of the Terms of Service: We reserve the right to amend these Terms of Service at any time. All amendments to these Terms of Service will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms of Service.

17. DEFINITIONS AND INTERPRETATION

17.1 Definitions
In these Terms of Service unless the contrary intention appears:

Account means the account that you will need to register for on the Site if you would like to submit an Order on the Site in accordance with clauses 1 to 4 of these Terms of Service;

Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;

Company means Simple Chic by Mira Miguel (ABN 52 674 698 771) trading as Simple Chic and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;

Confirmation of Order means our email to you, in which we accept your Order;

Contract means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with these Terms of Service;

Delivery means the process in clause 5 of these Terms of Service;

Delivery Fee means any charges you are liable to have the products delivered to the address provided by you;

GST means the Goods and Services Tax;

Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms of Service, including, without limitation, liability expressly provided for under these Terms of Service or arising by reason of the invalidity or unenforceability of any term of these Terms of Service (and for the purposes of this definition, all references to these Terms of Service shall be deemed to include any collateral contract);

Order means the order submitted by you to the Site to purchase products from us.

17.2 Interpretation
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms of Service.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.

ENDof the Terms of Services for Simple Chic.