(a) These terms of purchase (Terms) govern your use of www.theposse.com.au (Website) and your purchase of any products (Products) from DK Mulham Posse Pty Ltd (ACN 622 494 731) (us/we). You acknowledge that you must also comply with our policies on the Website (Policies), which will form part of these Terms, except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail.
(b) By using the Website and/or purchasing the Products you agree to be bound by the Terms and the Policies (collectively, the Agreement) and acknowledge that any ignorance by you in relation to the Agreement does not impact its enforceability. The Agreement constitutes the entirety of the terms and conditions applicable to your use of the Website and/or purchase of the Product, unless otherwise expressly agreed by us in writing. If you do not agree to the Agreement, you must not use the Website or purchase the Products.
(c) We reserve the right to vary the Products, the Terms and/or the Policies, or any component contained therein, at any time in our absolute discretion and without notice to you. You agree that that your use of the Website and/or purchase of the Products constitutes an agreement by you to by bound by the Agreement, as varied by us from time to time.
You agree and acknowledge that your placement of an order for any Products (Order) constitutes an offer to purchase such Products, and your Offer is not accepted by us until:
(a) we receive the full purchase price for all Products in your Order;
(b) we confirm the availability of the Products in your Order; and
(c) we send you a receipt for the Order (this may take up to five (5) business days during peak periods).
- PRICING AND PAYMENT
(a) In order to purchase any Products, you agree to pay us the prices that we have allocated to those Products, as well as any postage prices that are displayed on our Website, by using the checkout process on the Website. You are also liable to pay any duties or other taxes or fees added to your Order by any destination country.
(b) All prices on the Website are in Australian Dollars (AUD) and, unless otherwise stated, include GST.
(c) We reserve the right to vary the prices of the Products on the Website at any time, in our absolute discretion, without notice to you.
(d) We accept payment via Paypal, AfterPay and the credit cards indicated on our Website. We use Shopify, who ensure that your information is kept safe and secure. Third party processing fees may be payable in this regard.
- SHIPPING AND DELIVERY
(a) We post your Order using Australia Post to the address that you provide to us. All deliveries will require a signature, unless you request otherwise. Upon the delivery of the Order to your nominated address, ownership of any Products in the Order pass to you.
(b) Dispatch and delivery times may vary depending on availability or factors outside of our control, and you release us from any liability relating to the postage or timing or your Order.
(c) In the event that you do not receive your Order, please immediately notify us via email.
(d) If we determine that an Order was lost as a result of our delivery company, we will replace the Order. However, if you did not receive your Order as a result of your breach, act or omission, then we have not obligation to replace the Order.
(e) If there are multiple Products in an Order, you acknowledge that they might be sent separately, depending on availability.
- EXCHANGES AND REFUNDS
(a) Please see our Policy regarding returns and exchanges.
(b) Notwithstanding anything in the Agreement, we accept returns and/or provide refunds for Products in compliance with any applicable legislation.
(c) You acknowledge that any postage costs you pay to us for the Order are non-refundable. We will not be liable for any costs that you incur, including but not limited to postage costs, in order to return any Product/s to us.
(d) We must receive any returned Products in their original condition, with all original tags still attached, and they must not have been worn, washed, altered or otherwise used or changed in any way.
(e) Please be aware that we monitor any potential misuse of our returns policy. If we determine that you are abusing or misusing our returns policy, we reserve the right to refuse your request and/or restrict or cancel your access to the Website or the Products.
(f) We will process any returns or refunds once we have verified, in our discretion, that you have complied with the Agreement.
(a) We reserve the right to cancel your Order at any time prior to ownership of the Products passing to you, in which event we will refund you any money that you have paid for those Products within fourteen (14) days.
(b) If you wish to Cancel an Order, you may email us requesting our consent to do so. Please note that if we have already posted your Order, you are not entitled to cancel it. However, if we have not posted your Order, we may agree to cancel it, in which case we will refund you the price of the cancelled Products.
- PROMO CODES
(a) We may offer promotional codes from time to time, subject to any conditions or Products that we determine, in our absolute discretion (Promo Code).
(b) Only one Promo Code can be used on an Order.
(c) In the event that we determine that a Promo Code has been wrongly copied, distributed or otherwise misused, we reserve the right to cancel, modify or suspend the Promo Code in our discretion.
(d) We make no guarantees or representations regarding Promo Codes and are released from any liability arising in relation to them or their failure.
- GIFT VOUCHERS
(a) We may offer gift vouchers for sale, at specified prices, to be used to purchase Products (Gift Voucher).
(b) Please note that all Gift Vouchers expire six (6) months after they are purchased. We reserve the right to impose any restrictions or conditions on the Gift Voucher.
(c) The Gift Voucher may only be used to purchase Products; you will be liable for any postage charges.
(d) In the event that the Product/s you purchase:
(i) exceed the value of the Gift Voucher, you will be liable to pay any additional amounts, in addition to postage charges; or
(ii) are lower than the value of the Gift Voucher, then the Gift Voucher will retain the remaining amount, and
(e) a Gift Voucher may not be used in conjunction with any Promo Codes.
(a) We may allow you to purchase certain Products through pre-order.
(b) In the event that you elect to purchase Product/s through pre-order, you acknowledge that:
(i) you will be required to pay the price for the Products, and any postage charges, upon submitting the pre-order;
(ii) you will not receive the Product/s until a later date, as notified by us; and
(iii) clause 6 will apply, in relation to cancellations.
By using the Website and/or purchasing the Products, you, at all times:
(a) confirm that you have elected to use the Website and/or purchase the Products of your own free will;
(b) acknowledge that your use of the Website and/or purchase of the Products may result in data usage charges from your mobile or internet provider;
(c) agree to provide accurate, current and complete information about yourself on the Website and to keep such information updated at all times;
(d) agree to maintain the security of any passwords;
(e) use the Website and/or purchase the Products at your own risk and only for their intended purpose;
(f) warrant that you are not allergic to, or otherwise unable to purchase or use, any Products that you purchase;
(h) agree that, in the event that an account is created under the name of a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.
When accessing or using the Website, you must not, at any time:
(a) use the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
(b) use or attempt to use another user’s account without authorisation;
(c) harass, abuse, intimidate, bully, or otherwise offend any other user of the Website, or use the Website in a defamatory or offensive way;
(d) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful;
(e) hack into any aspect of the Website or our business and/or corrupt data; and/or
(f) send unsolicited advertising, promotional material or other content to us or any of our customers.
You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
(a) modify, suspend or terminate your access to the Website, in whole or in part,
(b) assign our interests outlined in these Terms; and/or
(c) run advertisements and promotions on the Website, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions.
You agree and acknowledge that acknowledge that:
(a) the colours, sizes and other aspects of the Products shown on the Website may vary slightly from the actual Product/s you buy;
(b) you must follow the care instructions on each garment, including specialty dry clean only for leather pieces;
(c) the Products have not been sold to you by way of sample;
(d) no representations have been made as to the fitness or suitability of the Products for any purpose; and
(e) you have not made any representations to us regarding the purpose for which you intend to use the Products.
- INTELLECTUAL PROPERTY
(a) The Products, the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities and are protected by Australian and international copyright laws. The Website and all of Our Content is copyrighted - (C) 2016 Posse, All Rights Reserved.
(b) We own all intellectual property rights in relation to the Products, the Website and Our Content which arise by operation of legislation, common law or equity, including, but not limited to, any trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
- LIMITED LICENCE
(a) We hereby grant you a non-exclusive, revocable, limited, non-sublicenseable licence to wear the Products and use the Website to purchase the Products. In using this licence, you must not:
(i) use Our Content other than for its intended purpose;
(ii) distribute, broadcast or display Our Content without our prior written consent;
(iii) modify, store, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
(iv) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
(v) use the Website, Our Content or the Products in any way that could damage us, our reputation or the goodwill or other rights associated with Our Content;
(vi) use Our Content for any commercial use; or
(vii) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Products and/or the Website, including all images, page headers, custom graphics, button icons and scripts.
(b) Notwithstanding the above, you are not permitted to use any of our business names or trade mark/s, registered or unregistered, at any time without our prior written consent.
(c) To request permission for uses of Our Content not included in the foregoing licence, you may contact us by email to:
Website and/or the Website Administrator
- YOUR CONTENT
In the event that you are deemed the owner or author of any intellectual property that is derived from, or otherwise related to, Our Content, then you hereby grant us an irrevocable, perpetual, royalty-free, worldwide, transferrable and sub-licensable license to use such intellectual property, in our discretion, and you agree to assign to us the ownership in any such intellectual property, at our direction. 17. TERMINATION
We are entitled to terminate the licence in these Terms and/or your access to the Website and/or the Products, without notice to you, in the event that you breach the Agreement. 18. LIABILITY AND INDEMNITY
(a) Except as expressly stated by us, the Products and the materials contained therein are provided on an "as is" basis without warranties of any kind, either express or implied. To the extent permitted by law, we expressly disclaim all other warranties, express or implied, relating to the Products and/or the Website.
(b) You waive and covenant not to assert against us or our related entities any claims or allegations of any nature whatsoever in relation to the Products and/or Our Content, or any component contained therein, including but not limited to an errors, omissions, delays, interruptions or other matters relating to the Website and/or the Products.
(c) Without limiting the remainder of this clause 18, neither us nor our related entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind.
(d) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the Website or the Products, exceed any amount that you pay to us, if any, for the purchase of the applicable Product.
(e) You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, loss of revenue and consequential losses, arising from your failure to comply with the Agreement or any applicable legislation.
- THIRD PARTY LINKS
You agree that all disputes, claims or other matters arising from or relating to your use of the Website and/or the Products will be governed by the laws of New South Wales, Australia. You agree that all claims you may have against us arising from or relating the Website or the Products will be heard and resolved in a court of competent jurisdiction located in New South Wales, Australia. All references to a time in the Agreement is that time in Sydney, Australia. 22. SEVERABILITY
If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. 23. NOTICES
You agree that we have the right to send you certain information in connection with the Website and/or the Products. We may send you this and any other information in electronic form to the e-mail address you specified through the Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. 24. WAIVER
You agree that a failure or delay by us in enforcing any provisions of the Agreement shall not operate as a waiver of our rights in relation to enforcement of those provisions.
- QUESTIONS AND FEEDBACK
If you have any questions regarding the Agreement, the Products, the Website and/or Our Content, please email us at email@example.com