1.1. No contract will subsist between the customer and Cherry Noire Pty Ltd for the sale of any product unless and until Cherry Noire Pty Ltd accepts your order by e-mail confirming that it has dispatched your items.

For the avoidance of doubt, any such contract shall be deemed to have been concluded in Australia. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of Australia. And you, the customer, and Cherry Noire Pty Ltd, irrevocably agree to submit to the non-exclusive jurisdiction of the Australian Courts.

2.1. To the fullest extent permitted at law, Cherry Noire Pty Ltd is providing this web site and its contents on an "as is" basis and makes no, and expressly disclaims all, representations or warranties of any kind, expressed or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Cherry Noire Pty Ltd does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information are subject to change without notice. Except as specifically stated on this web site, to the fullest extent permitted at law, neither Cherry Noire Pty Ltd nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of, or in connection with the use of this web site or the information, content, materials or products included on this site.

This is a comprehensive limitation of liability applying to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

3.1. You may use a Cherry Noire gift voucher to pay in full or in part for any product offered for sale on our website or in our boutique. Our normal terms & conditions of purchase apply.

3.2. Gift vouchers must be used in full as we regret at present any unused gift voucher balance cannot be retained by the customer for future use.

3.3. In the event of returns, the Cherry Noire Exchange Policy prevails.

3.4. We regret that we cannot replace lost, stolen, mislaid or damaged gift vouchers.

3.5. Gift vouchers are non-returnable, and may not be exchanged for cash.

3.6. Cherry Noire prohibits resale by a third party of Gift Vouchers without written permission from Cherry Noire Pty Ltd.

4.1. Vouchers entitle you, at the time of ordering, to a saving on a new order placed with Cherry Noire. Details of the minimum spend, including GST can be found either on your voucher or, if you received one, in your voucher email.

4.2. Cherry Noire reserves the right to refuse redemption of vouchers that have not been issued by an authorised agent of Cherry Noire Pty Ltd.

4.3. Vouchers are only valid for a limited period of time. The expiry date will be publicised with the relevant promotion.

4.4. Vouchers have a cash value of $0.001 and are not transferable or assignable.

4.5. Each voucher can only be used once.

4.6. Only one voucher can be used per order.

4.7. Vouchers cannot be used with any other promotion. Offer is not valid on sale items or other discounted items.

4.8. Vouchers are redeemable only against the value of goods purchased. They may not be redeemed against gift vouchers or additional services such as delivery charges or gift wrap.

4.9. In the event of returns, the Cherry Noire Exchange Policy prevails.

5.1. In the event of the customer choosing to return goods, the customer can choose either:

5.1.1. an exchange for goods to the same value

5.1.2. an exchange for goods to a higher value where the customer pays the difference

5.1.3. a Gift Voucher issued to the customer for future redemption of goods.

5.2. The exchange value is determined as the value of goods in the original purchase accounting for any discount is applied, less any shipping, gift wrap or gift card costs charged on the original order.

5.3. In the event of part of the order being returned, the value of the promotion voucher will be deemed to be spread between the goods proportionately.

5.4. All returns of product can be posted freepost within Australia (get address here). International customers are required to pay the cost of return postage.

5.5. Items posted out by Cherry Noire in exchange for a return on an order, will be free of postage within Australia. For customers in the rest of the world an international postage fee applies. The charge will be added to your account and we will notify you by email.

6.1. Refunds will only be given in the instance a customer’s requested item is out of stock (for all returns of product the Exchange Policy applies).

6.2. If the item being refunded was purchased using a Gift or Promotional Voucher the refund will not be given as cash but as a replacement Voucher.

7.1. Should a customer’s package go missing through the delivery process we would require that customer’s signature for any future deliveries.

7.2. A customer’s claim for replacement product will be honoured at the discretion of Cherry Noire and only an exact item replacement will be permitted i.e. an expensive item cannot be replaced with multiple lower-priced lingerie.

7.3. All deliveries will be made according to the carriers' standard procedures. Where a signature is required, orders cannot be sent to PO box addresses.

9.1. One prize of lingerie of the winner’s choice, from the range available from Cherry Noire, to the value of A$500.00 will be drawn. Prize must be redeemed within six months of the prize draw.

9.2. Entry is via email to info@cherrynoire.com. Prize draw entrant must provide a unique reference number given to them by Cherry Noire through direct marketing communication.

9.3. Prize draw entry is limited to one entry per person.

9.4. Entry is limited to residents of Australia over 18 years of age.

9.5. Entry to the free draw closes 29th December 2008 and draw conducted 29th December 2008.

9.6. Cherry Noire Pty Ltd are not liable for entries lost, delayed or damaged.

9.7. The draw will be independently supervised.

9.8. There are no cash alternatives to the prize.

9.9. The winner will be notified by email to their email address used to enter and in writing to their home address by Fri 9th January 2009.

9.10. Winner Details will be made available upon request in writing to Free Prize Draw 009, Cherry Noire Pty Ltd, 25 Dover Crescent, Wembley Downs, Perth 6009, Western Australia.

Registered in Australia 131 050 498, ABN 99 131 050 498. Registered address: 25 Dover Crescent, Wembley Downs, Perth 6019, Western Australia.