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Terms of use
Introduction
This Internet web site ('Site') is owned and operated by Setwear Australia, BN19036462. The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may:
- access and use the Site, including any pages or information linked to it that are owned and operated by Setwear Australia; and
- purchase a Product or Products from Setwear Australia through the Site.
By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.
Privacy
The Privacy Policy and Security Statement form part of the Terms and Conditions.
Copyright
The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of Setwear Australia or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
License
Setwear Australia grants You a limited, non-exclusive, revocable licence to:
- access, use, and download the Works contained in the Site solely for non commercial and personal purposes;
- access and use the Site solely for non-commercial and personal purposes; and
if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Setwear Australia), is strictly prohibited.
Purchase of products
At the On-Line section of the Site, Setwear Australia:
advertises certain products for sale ('Product' or 'Products'); and
lists the price for each Product ('Purchase Price').
You can make an offer ('Offer') to purchase a Product or Products from Setwear Australia at the relevant Purchase Price, by:
accessing the On-Line shop;
selecting the Product or Products with respect to which you wish to make an Offer, and clicking the 'add to cart' button;
inserting the 'quantity' of the Product or Products that you require, and clicking the 'checkout' button;
selecting the 'Shipping Destination' that you require and clicking the 'next' button;
selecting the 'Shipping Method' that you would prefer and clicking the 'next' button;
completing the 'Customer Details' Form and clicking the 'next' button; and
providing your 'Payment Details' at the credit card services section of the Site and clicking the 'continue' button.
Setwear Australia is deemed to have accepted ('Acceptance') the Offer when credit card service provider sends an email message to You, confirming that payment of the Purchase Price ('Payment') has been processed.
Payment will be processed by credit card service provider simultaneous to Acceptance. Payment must be made by credit card (Bankcard, MasterCard, Visa, or Amex).
An agreement ('Agreement') exists between You and Setwear Australia, for you to purchase from Setwear Australia the Product or Products with respect to which you have made an Offer, upon Acceptance.
The entire Agreement consists of:
the Offer;
the Acceptance; and
the Terms and Conditions.
Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.
If Setwear Australia owes money to You under one Agreement, Setwear Australia may set-off that money against any money that it owes You under another Agreement.
Setwear Australia will deliver the Product or Products to You:
at the address for delivery ('Delivery Address') provided by You in the Customer Details Form in the Offer;
by way of the Shipping Method selected by You in the Offer;
at the price ('Shipping Price') that corresponds with the Shipping Method selected by You in the Offer; and
within a time that is, at the discretion of Setwear Australia, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorised to receive the Product or Products.
Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, Setwear Australia will exchange ('Exchange') or issue a refund ('Refund') to You for the Product or Products, provided:
You return the Product or Products in new condition with the tags attached, and with all information Setwear Australia will need in order to correctly Exchange the Product or Products or Refund the Payment to You (including invoice number, name, address, and your requirements);
to the address described in Clause 17;
within either:
sixty (30) days from the date the Agreement is made, if the Delivery Address is outside Australia; or
(ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside Australia
The Shipping Price is not refundable.
There will be no Shipping Price for any initial Exchange with respect to an Agreement.
A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
registered post, if the Delivery Address is inside Australia; or
airmail, if the Delivery Address is outside Australia; or
courier, if requested by You (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail).
You must not:
engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from Setwear Australia pursuant to an Agreement; and
represent Yourself as Setwear Australia or as an agent or sub-contractor of Setwear Australia, by making any unauthorised use of any trade mark and/or copyrights owned by Setwear Australia or by any other means.
Disclaimer of warranties and limitation of liability
Setwear Australia reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
Setwear Australia is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Setwear Australia intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided "as is", without any warranty of any kind.
The liability of Setwear Australia for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by Setwear Australia in its sole discretion:
in the case of a Product or Products:
the replacement or repair of the Product or Products, or the supply of an equivalent Product or Products; or
the payment of the cost of replacing the Product or Products, or acquiring an equivalent Product or Products, or repairing the Product or Products; and
in the case of services:
supply of the services again; or
the payment of the cost of having the services supplied again.
To the full extent permitted by law, Setwear Australia, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Setwear Australia to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from Setwear Australia, pursuant to an Agreement, through the Site.
Indemnity
You agree to indemnify Setwear Australia and hold Setwear Australia indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
Links to third party sites
Setwear Australia makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that Setwear Australia endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
Electronic communications
You consent to receiving communications from Setwear Australia electronically, including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures and other communications that Setwear Australia provides to You and that You provide to Setwear Australia electronically, satisfy any legal requirement that such communications be in writing.
Changes
Setwear Australia may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):
by electronic mail; or
by ordinary post to your address contained in the Customer Details; or
by posting on the Site.
Severability
The Terms and Conditions constitute:
the entire agreement between Setwear Australia and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and
part of an Agreement for You to purchase Goods from Setwear Australia through the Site, as provided for in Clause 8.6.
The Terms and Conditions supersede all previous, written or oral agreements between You and Setwear Australia.
No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
Your indemnity and assignment of all rights in any Material submitted to Setwear Australia and the Site will survive any change to, or termination of, the Terms and Conditions.
Applicable law
The Terms and Conditions shall be governed by, and construed according to, the laws of Queensland, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Australia and, by using the Site, You hereby submit to that jurisdiction.
Address
Setwear Australia
PO Box 3262
Nerang BC QLD 4211
Australia
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