Terms and Conditions

TERMS & CONDITIONS

These Terms and Conditions form a legally binding contract between you and us, and govern all offers, orders, agreements and other legal relationships between you and us with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.

DEFINITIONS & INTERPRETATION

DEFINITIONS

1. INTERPRETATION

In these Terms and Conditions, unless the context requires otherwise:

1. words importing one gender include any other gender;
2. words importing the singular include the plural and vice versa;
3. the terms “including”, “includes” and “include” include the words “without limitation” after those terms;
4. a reference to a document or instrument includes the document or instrument as novated, amended or replaced from time to time;
5. a reference to a person includes the Customer, other corporations, body of persons (whether incorporated or unincorporated), partnership, governmental or local authority or agency;
6. references to clauses, paragraphs and Schedules are references to clauses and paragraphs of, and Schedules to, these Terms and Conditions;
7. any Schedules, and the provisions in such Schedules, have the same effect as if set out in the body of these Terms and Conditions;
8. where words or expressions are defined, other parts of speech and grammatical forms of that word or expression have corresponding meanings;
9. a reference to dollars, AU$ or $ is a reference to Australian currency;
10. if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day;
11. any reference to any statute or regulations is a reference to that statute or those regulations as amended or replaced;
12. a reference to “Trade Marks” is to all of them or any of them as the context requires;
13. an obligation not to do something includes an obligation not to permit or assist any other person to do so, whether directly or indirectly.
2. AGREEMENT
   1. A legally binding Agreement is concluded between you and us, exclusively by means of our acceptance of an Order (the offer) from you that has been placed on or via the Website in the following manner:
      1. you have selected the Product desired in the desired style, colour and size and you have added the Product to the shopping cart;
      2. you have followed and completed the following steps:
         1. you have filled in your address details and, if the delivery address is not the same as the invoice address, the delivery address desired;
         2. you have checked the Order;
         3. you have selected the payment method desired and have made payment;
      3. the Order has been placed;
      4. you will receive confirmation of the Order that has been placed on the Website.
   2. If the Order has been accepted by us, we will send you a confirmation, by email, as soon as possible after the Order has been placed.
   3. We reserve the right to refuse the Order placed by you, or to delete your account in the following cases:
      1. if the information submitted by you is false and/or incomplete, or if we reasonably question its veracity;
      2. if due payment by you does not take place immediately after placing the Order by clicking on the purchase button;
      3. if you have failed to fulfil your payment obligations to us in the past;
      4. if there is an obvious or processing error in the prices given on the Website;
      5. if the desired delivery address is not located in your country of residence;
      6. if any activity from your account appears fraudulent or suspicious.
   4. We will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If you have your own account, you will be able to consult the Agreement by logging into your account. You may also request a copy of the Agreement from us, as long as we have it on file, by contacting us via the contact details.
   5. The Agreement, including the Privacy Policy, and these general Terms and Conditions, constitute the entire agreement between you and us with respect to the use of the Website and the placement and execution of an Order.
3. DELIVERY
   1. Shipment will be made using a carrier designated by us.
   2. After your Order has been placed and we have accepted your Order, we will send the Products as quickly as possible to the address indicated by you, provided that we have received the full Purchase Price.
   3. We will make delivery as soon as possible, and to every extent possible, however, you acknowledge that expected delivery dates are based on circumstances outside of our control, and in so far as delivery is dependent on third parties, on the information that such third parties provide to us.
   4. We will notify you in the event that the delivery is delayed or we cannot fulfil an Order, in which case you will be entitled to cancel your Order free of charge until such time as the Order has shipped.
   5. The risk with respect to any damage to or loss of the Products will pass from us to you at the time that we ship the Products.
4. PRICE AND PAYMENT
   1. The prices indicated on the Website are in Australian dollars, are inclusive of GST and are exclusive of shipping costs. The return shipping costs must be borne by you. The total Purchase Price will be indicated when the Order is placed and when the Order is confirmed.
   2. We are entitled to adjust the prices indicated on the Website from time to time without notice. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
   3. Payment may be made using the methods indicated on the Website and must be made at the time that the Order is placed.
   4. You are obliged to notify us immediately regarding any errors in the payment details that you have provided to us.
5. RETURNS
   1. 1. Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. You can choose between a refund, exchange or credit where the goods contain faults, have been incorrectly described, are different from a sample shown to you or do not do what they are supposed to do.

   OR

   1. You will be entitled to return the Product that has been delivered, within a term of 30 days after the Product has been received, without stating your reason for doing so, in the manner specified by us, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (in so far as possible) is in the original and undamaged packaging.
   2. You will not be permitted to exchange the Product for another Product. If you wish to purchase another Product, then you will have to place a new Order on the Website.
   3. If you return the Product, we will refund the Purchase Price as quickly as possible, but in any event within 30 days after we have received the returned Product. We are entitled to deduct the original shipping costs from the amount to be refunded.
6. FORCE MAJEURE
   1. We are not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede us from complying with our obligations, and that cannot be attributed to us, or cannot be deemed to be for our account at law, a legal act or in accordance with generally accepted standards, such as, but not restricted to, war, threat of war, civil war, riots, pandemic, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake, the bankruptcy of third parties engaged by us, a failure by our suppliers to supply goods, a failure by our suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of us or any third party that we engage.
   2. If as a result of a situation involving force majeure, we fail to comply with our obligations under the Agreement or these Terms and Conditions, or we fail to do so in a timely manner, we will be entitled to perform the Agreement within a reasonable period of time, of, if compliance within a reasonable period of time is not possible, to dissolve the Agreement in whole or in part, without us being obliged to pay you any compensation in that respect.
7. COMPLAINTS
   1. Our contact details can be found on the Website.
   2. You are obliged to inspect the Product when it has been delivered, and to notify us within a reasonable period of time in the event that there are any visible defects or other complaints regarding the Product. Such complaints must be submitted to us in writing and must be fully and clearly documented and substantiated.
   3. We will respond to any complaints that we receive within a term of 14 days after receipt. We will notify you within a further term of 14 days in the event that we require a longer period of time to deal with your complaint.
   4. You acknowledge and agree that minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc of Products cannot be avoided or are difficult to avoid and do not constitute a proper reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not proper complaints. We will not be liable for any damage that you sustain as a result of such deviations or the removal of such Products from the Website.
   5. You will fully cooperate in the event that we recall a Product. You will notify us immediately in the event that you suspect that a Product has a safety defect and is subject to being recalled.
8. INTELLECTUAL PROPERTY RIGHTS
   1. Any and all marks, product names, logos, models and designs (referred to in these Terms and Conditions as IP Rights) that are depicted on or affixed to the Products or otherwise related to the Products are our property. You acknowledge our proprietary rights in respect of the IP Rights and must refrain from using the IP Rights in any way, as well as to refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
9. RETENTION OF TITLE
   1. We will retain title in respect of any and all goods to be delivered until the following obligations towards us have been complied with in full:
      1. the performance and obligations (including payment obligations) that you owe/have I respect of any and all goods that have been or that will be delivered in accordance with these Terms and Conditions;
      2. claims on the ground of your breach in respect of your compliance with these Terms and Conditions.
10. GUARANTEE AND LIABILITY
    1. We are required by law to provide a Product that meets the contract with you.
    2. We are not liable for any indirect, additional or consequential damage, of any kind whatsoever, that you sustain in connection with the Agreement. Under no circumstances will any direct damage, for which we are legally liable, exceed the Purchase Price.
    3. We are not liable in contract or tort arising out of, or in connection with, or relating to:
       1. the performance of the Products or any breach of these conditions;
       2. any fact, matter or thing relating to the Products;
       3. any error (whether negligent or in breach of contract or not) in information supplied to you before or after the date of your use of the Products.
    4. subject to any statutory obligations (including under the Australian Consumer Law).
    5. The law implies terms, conditions, warranties or guarantees (Prescribed Terms) into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain terms, conditions, warranties or guarantees.
    6. Some Prescribed Terms permit us to limit our liability for a breach of the Prescribed Terms. Except as provided by the Prescribed Terms:
       1. our liability in respect of a breach of a Prescribed Term relating to the Product or any part of the Product is limited, at our option, to the replacement or repair of the Product or part thereof, or payment of the cost of repairing or replacing the Product or any part of the Product;
       2. you do not under any circumstances have any cause of action against, or right to claim or recover from us for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:
          1. any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the Product or any part of the Product;
          2. any default or negligence on our part, or on the part of any employee, contractor or agent, relating to the supply of, or otherwise concerning Products or any part of the Products.
11. WARRANTIES
    1. Except as expressly provided in these Terms and Conditions, and to the full extent permitted by law, we expressly exclude all express or implied warranties and representations regarding the Products and their use (including without limitation their merchantability or fitness for any particular purpose).
12. GOVERNING LAW
    1. The Agreement, these Terms and Conditions and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of Queensland, Australia.
    2. Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
13. WAIVER
    1. No failure or delay by either party in exercising any right, power or privilege under the Agreement will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege under the Agreement.
14. FURTHER ASSURANCES
    1. Each party will make all applications, execute all documents and do all acts and things necessary to implement and to carry out its obligations under the Agreement.
15. SEVERABILITY
    1. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, it will be severed and the remainder of these Terms and Conditions will remain in full force and effect.
    2. To the extent legally permissible, an arrangement which reflects the original intent of the parties shall be substituted for such invalid or unenforceable provisions.
16. AMENDMENT
    1. We may amend these Terms and Conditions at any time.
    2. The most recent copy of these Terms and Conditions will be published on the Website.
    3. You must always consult these Terms and Conditions before using the Website.