- What these terms cover. These are the terms and conditions which govern the sale of our products to you.
- How we can change these terms. Atlas Underwear reserve the right to amend these terms when ever is reasonable necessary. Every time you wish to purchase a product(s) through our Websites, please check these terms to ensure you understand the terms and conditions that apply at that time.
- Why you should read them. It is of utmost importance to read and understand these terms as they will outline the terms and conditions of making purchases on the website.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are KBRO INVESTMENTS PTY LTD ACN 622 208 575 ("we", "us" or "our").
- How to contact us. You can contact us by emailing us at firstname.lastname@example.org
OUR CONTRACT WITH YOU
- Your use of our Websites to purchase products. Using this website to purchase products automatically indicates your agreement to follow and to be legally bound by law by the terms outlined. Please ensure that you have read and understand the terms and conditions before purchasing in products.
How to submit an order. To submit an order:
- you must select the product you wish to buy and click the "Add to Cart" or "Buy It Now" buttons. The selected products will then be included in the "Cart" and the order can be submitted by filling out the order form and accepting these terms;
- prior to submitting your order you must verify the accuracy of the information you have provided and make the necessary corrections. It is your responsibly to check that the information displayed in your "Cart" accurately reflects your selection before submitting your order; and
- your order is submitted when you click the "Pay Now" button. After submitting an order, you will receive an automatic email confirmation from us acknowledging that we received your order.
- Clicking the "PAY NOW" button does not mean that your order has been accepted and purchase completed. Your order constitutes an offer to us to buy a product. Upon receipt, the order will be submitted to us for processing and may not be changed or cancelled except as expressly provided in these terms, or as required by applicable law.
- How we will accept your order. Our acceptance of your order will take place when we email you advising you that we have accepted your order, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product
- We are not obliged to accept your order. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you are a wholesale customer and have any questions or queries or would like any information about the products, please contact us.
- Trade Marks: “Atlas Underwear” and our logo are registered trade marks which we own or are licensed to use. You cannot use the trade marks, or re-sell, wholesale or distribute Atlas Underwear branded products, without express written consent from us.
- How to submit an order. To submit an order:
- Products may vary slightly from their pictures. The images of the products on our Websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products you purchase may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our Websites.
OUR RIGHTS TO MAKE CHANGES
- We may change products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on the relevant Website at the time your order is submitted.
- When we will provide the products. During the order process we will let you know when we expect to provide the products to you and we will deliver them to you as soon as reasonably practicable once your order is submitted.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.
When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us at the time your order is made. We will not be responsible for any loss or damage that may be incurred following the delivery of the products to the delivery address provided by you when you submitted your order. By purchasing from our Websites, you:
- consent to the products you have ordered being left at the address you gave us at the time your order was submitted; and
- acknowledge that if the products are left at that address, this will constitute delivery of the products and you will assume all risk in the products from the time of delivery.
- When you own goods. You own the products once we receive payment in full. You hereby grant us a security interest in such products until full payment has been received.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the waist size required. If so, this will be stated in the description of the products on our Websites. If you do not give us this information, you will not be able to order products from us and we will not be responsible for not supplying them.
YOUR RIGHT TO RETURN OUR PRODUCTS
- What to do if what you have bought is defective or does not arrive within a reasonable time. If any product you purchase is defective, damaged during transit, does not arrive within a reasonable time of your order being submitted or is not what you ordered, please contact us using the information set out in clause 2.2 above. We will assess all requests to return products against our Returns Policy
- You may have to provide evidence. In certain circumstances, we may require that you:
- supply us with a photograph of any defective or damaged product; or
- return the product to us for inspection,
- Australian Consumer Law. 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 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.
- Our First Pair Guarantee. We offer a First Pair Guarantee. This guarantee reflects the goodwill guarantee offered by Atlas Underwear to its Australian customers.
- When you don't have the right to change your mind. Except under our First Pair Guarantee, you do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- When you do have a right to change your mind. Where the product remains sealed, you may return the product if you change your mind. To do so, you must
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You generally have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. There is no time limit on exercising your rights under our First Pair Guarantee
When we will pay the costs of return. We will only pay the costs of you returning products:
- if the products are faulty or misdescribed; or
- if you are cancelling an order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if required by law.
- How we will refund you. If we determine, [in accordance with our Returns Policy] to issue a refund for products returned to us, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Shipping & Returns for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- When your refund will be made. We will make any refunds due to you as soon as possible after you cancel your order. If we require you to return products to us (upon cancellation of your order), we will not process any refunds until all products to be returned, have been returned and assessed by us. If a product is returned, and has been used or is not in a state that can be re-sold, we may not agree to issue a refund for that product.
IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team using the information set out in clause 2.2 above.
- Pre-worn goods: We will not regard goods as faulty if we believe they have been used in extraordinary situations or they have deliberately been tampered with. (Atlas Underwear products are designed to be worn the correct way: wearing them inside out will void any warranty claims as this creates excessive wearing on the stitching which is designed to be worn on the outside of the garment).
Limitation of liability and indemnity
- Implied terms, conditions and warranties. With the exception of the consumer guarantees imposed under the Australian Consumer Law (Consumer Guarantees), Atlas Underwear excludes any term, condition or warranty that may otherwise be implied into these terms.
Limitations in respect of Consumer Guarantees. Our liability in respect of any breach or failure to comply with any Consumer Guarantee is limited to the following:
- in case of products:
- the replacement of the products or the supply of equivalent products;
- the repair of products;
- the payment of the cost of replacing the products or of acquiring equivalent products; or
- the payment of the costs of having the products repaired; and
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- in case of products:
Other loss. To the extent permitted by law, Atlas Underwear will not be liable for any direct, special, indirect or consequential loss, loss of profit, or damages of any kind arising out of or in connection with:
- these terms, including any order submitted by you pursuant to these terms;
- any failure to deliver the products (or any part of them) promptly or at all, other than to refund any price paid by you where the products are not delivered at all.
- Your rights under Australian Consumer Law. Nothing in this clause 10, or in these terms, limit your rights under Australian Consumer Law.
Indemnity. You agree to fully indemnify Atlas Underwear and hold Atlas Underwear harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand made by any third party suffered by Atlas Underwear in connection with:
- your breach of these terms; or
- your violation of any law or the rights of a third party.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose then, to the extent permitted by law, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
PRICE AND PAYMENT
- Our prices are in Australian Dollars (AUD). The prices of our products are in Australian Dollars (AUD), inclusive of applicable taxes and excluding shipping costs (if any). All orders are payable in Australian Dollars (AUD).
- Where to find the price for the product. The price of the product (which includes GST unless otherwise stated) will be the price indicated on the order pages at the time your order is submitted. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clauses 11.3 and 11.4 for what happens if we discover an error in the price of the product you order.
- We reserve the right to modify our prices. We reserve the right to modify the price of products offered on our Websites at any time without prior notice to you. You will be charged the prices displayed on the relevant Website at the time the order was confirmed by you by clicking on the "Pay Now" button. We reserve the right to correct any errors or inaccuracies on our Websites or to cancel orders if such information is inaccurate. Any payments made by you for such products will be refunded in such circumstances.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on our Websites. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order, refund you any sums you have paid and if you have received your order, require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with credit and debit cards shown on our Websites. You must pay for the products before we dispatch them.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. We will refund you any amount which you have been overcharged.
- Gift Cards and discount codes. Gift Cards can be purchased through our Websites. A discount code is issued for Gift Cards. You cannot use two discount codes at the same time to 'stack' discounts: only one code can be used at a time. Atlas Underwear will not partially refund unused portions of Gift Cards. Gift Cards cannot be redeemed for cash. They may be subject to additional terms shown on them or on our Websites.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
- We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
- You need our consent to transfer your rights to someone else (except that you can always transfer our First Pair Guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our First Pair Guarantee at clause 8.4 to a person who has acquired the product. We may require the person to whom the First Pair Guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
- Nobody else has any rights under this contract (except someone you pass your First Pair Guarantee on to). Each contract, created in accordance with these terms, is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our First Pair Guarantee.
- If a court finds part of these terms void, illegal or unenforceable, the rest will continue in force. If a clause in these terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from these terms for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of clauses or any other clause in these terms.
- Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by and are to be construed under the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms and conditions. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.