Terms and Conditions
These terms and conditions apply to the use of this web site, including the purchase of goods and/or services over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
1. Definitions and interpretation
1.1 In this agreement:
Business Day means a day on which banking institutions generally are open in Melbourne but excluding Saturdays, Sundays and public holidays;
GST means GST as that term is defined in the GST Law, and any interest, penalties, fines or expenses relating to such GST;
GST Law means, where the context requires or permits, the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and/or associated Commonwealth legislation, regulations and publicly-available rulings;
Intellectual Property Rights means:
(a) any confidential information;
(b) copyright (including rights in the nature of, or analogous to, copyright);
(c) database rights;
(d) performer's protection;
(e) moral rights;
(f) inventions (including patents);
(g) trade marks;
(h) service marks;
(j) plant breeders rights;
(k) circuit layouts; and
(l) any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields,
whether or not registered or registrable and includes any:
(m) right to apply for the registration;
(n) renewals and extensions;
of such rights listed in (a) to (l) above;
Submissions means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to us regarding our products or services.
Taxes means any present or future taxes (including taxes on goods and/or services), rates, levies, imposts, duties (including stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them;
1.2 In this agreement, unless the contrary intention appears:
(a) In these terms and conditions, the expressions "we", "us" and "our" are a reference to MensClothing.com.au.
(b) a reference to:
(1) these terms and conditions or another document includes any variation or replacement of it notwithstanding any change in the identity of the parties;
(2) any statute, ordinance, code or other law includes regulations and other statutory instruments under any of them and consolidations, amendments re-enactments or replacement of any of them;
(3) a person, firm, corporation, association or government body includes any other of them;
(4) a person includes the personas successors, executors, administrators, substitutes (including a person who becomes a party by novation) and assigns;
(5) a time is a reference to Melbourne time unless otherwise specified;
(6) a right includes a benefit, remedy, authority, discretion and power;
(c) the singular includes the plural and vice versa;
(d) headings shall not affect the construction;
(e) if the day on which:
(1) anything, other than a payment, is to be done is not a Business Day, that thing shall be done on the preceding Business Day; and
(2) a payment is to be made is not a Business Day it shall be made on the next Business Day but if the next Business Day falls in the next calendar month it shall be made on the preceding Business Day;
(f) if an act is required to be done on a particular day and the act is done after 5.00pm on that day, it will be deemed to have been done on the following day;
(g) where two or more persons are defined as a party to this agreement that term means each of the persons jointly, each of them severally and any two or more of them jointly;
(h) an agreement, covenant, obligation, representation or warranty on the part of two or more persons binds them jointly and severally and an agreement, covenant, obligation, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally.
2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the placement of a notification of such amendment on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. Photographs appearing on this web site
Although all reasonable care is taken to ensure that photographs reflect as accurately as possible the actual size of products, you acknowledge that due to the inherent difficulties with photographing items of clothing, some products may appear larger or smaller than their actual size when represented in this web site.
4.1 Submissions will not be confidential and will become our property upon submission to us. By providing any Submissions, you assign to us, at no charge, all Intellectual Property Rights in the Submissions.
4.2 You warrant to us that any Submissions by you will not infringe the Intellectual Property Rights of any other person.
5. Online transactions
(a) When you purchase goods or services via our web site you must pay for those goods or services at the time of purchase, in the manner specified on our web site.
(b) We make no guarantee as to the availability of goods advertised available for purchase via this web site.
Unless expressly stated to the contrary all amounts expressed on this web site are inclusive of GST.
(a) Risk of loss or damage to the goods passes to you upon dispatch of the goods.
(b) Products purchased online from MensClothing.com.au are eligible for shipping to Australia, New Zealand, Canada and the United States.
(c) For deliveries within Australia we use Australia Post and for all other countries we use FedEx, DHL Express and or UPS Express. Shipping fees are clearly displayed in your local currency at the time of purchase.
(d) While we use our reasonable endeavors to have goods purchased over the web site delivered to you as soon as possible, we make no guarantee as to the delivery date of goods purchase over the web site as this is due to matters outside of the reasonable control of MensClothing.com.au.
5.4 Customs, duties and taxes
(a) Your packages may be subject to import taxes, customs duties and fees levied by the destination country. You acknowledge and agree that these charges are always the recipient’s responsibility. The recipient is the importer of record and the person who must comply with all laws and regulations of the destination country.
(b) MensClothing.com.au has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information.
(c) You should also note that when customs clearance procedures are required, it can cause delays exceeding our original shipping estimate.
5.5 Returns policy
All goods purchased via this web site are subject to our returns policy located at the Refunds Policy link. The terms of our returns policy are incorporated into these terms and conditions by reference and you acknowledge that you have read, understood and agree to that returns policy.
6. Warranties and guarantees in relation to our goods
6.1 Australian Consumer Law
(a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) Goods will not be of acceptable quality if such goods:-
(1) are not fit for all the purposes for which goods of that kind are commonly supplied;
(2) are not acceptable in appearance and finish;
(3) have defects;
(4) are unsafe; or
(5) are not durable.
6.2 Limited Warranty Without limitation to clause 6.1:-
(a) We offer a minimum 60 Day limited warranty from the date of purchase against defects in material and/or workmanship on all of the products that we sell. Defective merchandise may be returned or exchanged within 21 days after purchase. Returns for reasons other than defective or incorrect merchandise will be awarded an online store credit only. Merchandise received after 21 days will be subject to a 20% restocking charge. Merchandise received after 60 days will only be accepted at our discretion for a store credit.
(a) Without limitation to your rights under the Australian Consumer Law, we disclaim:-
(1) any and all liability for consequential or incidental damages; and,
(2) To the extent that your relevant state or jurisdiction does not allow the exclusion or limitation of incidental or consequential damages or disclaimer of certain warranties, these limitations and disclaimers will not apply to you and are severed from this document to the extent of such disallowance (without affecting the remainder of this document).
6.4 Product Disclaimers
(a) Typographic errors are subject to correction.
(b) Items which are advertised as discounted have been ticketed and offered for sale at the higher price before the sale commenced. Sales may have taken place at lower prices.
7. Disclaimer in relation to web site
7.1 You acknowledge and agree that, despite all reasonable precautions on our part, this web site cannot be guaranteed to be error free, uninterrupted, timely or secure and acknowledge that the existence of any such errors, interruptions, delays or security limitations will not be a breach of this Agreement.
7.2 To the full extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, including (without limitation) any such loss arising out of your use of or reliance on information contained on, or accessed through, this web site.
8. Intellectual property rights
8.1 All Intellectual Property Rights in this web site (including text, graphics, logos, icons, sound recordings and software) are owned by (or licensed to) us.
8.2 You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this web site generally; or
(b) commercialise any works or other subject matter, information, products or services obtained from any part of this web site; without our written permission.
8.3 All brand, product and service names used in this website are the trade marks of MensClothing.com.au, You are not allowed to use or reproduce any such trade marks in the course of trade, and you may only use such trade marks for accessing, viewing and/or interacting with this website for your own personal and non-commercial use.
8.4 Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
9. General warnings
9.1 We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our web site, however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions. The provision of any such offers may be removed at any time in our complete discretion.
9.2 You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
9.3 You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
9.4 Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated.
9.5 Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
9.6 Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
10. Linked web sites
10.1 This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
10.2 We are not responsible for the content or privacy practices associated with linked web sites.
10.3 Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
10.4 You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this web site (or any file on this web site) or embed any page of (or content on) this web site on another web site (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this web site, please contact us at firstname.lastname@example.org If you do create a hyperlink to this web site or embed this web site, or any part of this website, in another web site, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.
12. How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
13. Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, including the use of an x509 security certificate, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
14. Termination of access
Access to this web site may be terminated at any time by us without notice. Our disclaimers will nevertheless survive any such termination.
15. Governing law
To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
16.1 We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
16.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
16.3 If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
17. Acceptance of these terms and conditions
By using this web site you are agreeing to these terms and conditions.