aussieBum online store - Terms and conditions

PART A: INTRODUCTION

These terms govern the use of [www.aussiebum.com] (Website). 

By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, including purchasing goods selected from the Website using the aussieBum cart, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. 

If you do not agree to these terms in their entirety, you must not use this Website. 

When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and aussieBum (Apparel Eleven Pty Ltd ABN 40 105 313 693) and apply to the ordering, purchase, fulfilment and delivery of goods from the Website.

Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy and Returns and Refunds Policy) set out the entire agreement between you and aussieBum regarding this website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Team, who will be happy to assist you. The Customer Service team operates on Monday to Friday (excluding public holidays in Sydney, Australia) from 8:30am until 5:00pm (Australian Eastern Standard/Daylight Savings Time).

Our contact number is: +61 2 9560 2626

or contact us via email through our contact form [https://www.aussiebum.com/contact] or help@aussiebum.com

CONTENTS

PART A: INTRODUCTION

1. DEFINITIONS

PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE AUSSIEBUM WEBSITE

2. COMPLIANCE WITH TERMS AND CONDITIONS

3. PLACING ORDERS FOR GOODS

4. ACCEPTANCE AND REJECTION OF ORDERS

5. AVAILABILITY OF GOODS

6. PRICE AND PAYMENT

7. DELIVERY

8. RISK AND TITLE

9. ORDER CANCELLATIONS AND RETURNS
10. GIFT CARDS

1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

aussieBum Cart means the electronic order form used to purchase Goods from this Website.

Business Day means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Gift Card means an electronic gift card issued through this Website through the acquisition of which you or a recipient may make non-cash payments for goods from the Website.

Delivery Agents means any nominated third party delivery or shipping company for aussieBum.

Within Australia, the nominated Delivery Agent is Australia Post.
For international orders, Delivery Agents may be DHL eCommerce, DHL Express or Seko depending on the Delivery Method chosen by the customer.
To confirm the Delivery Agent for an international order, please read our “International Shipping Methods” article on our FAQ Page: https://www.aussiebum.com/faq  

Goods means the items offered for sale which are described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from aussieBum.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means:

• where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);

• where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority)

Returns Policy means the aussieBum Returns Policy found on the FAQ Page under “Change of Mind Returns - Policy”: https://www.aussiebum.com/faq 
RRP means Recommended Retail Price - the Price of a Good with no discount applied
Sale means a discount, or discount period on the RRP of a Good

Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.

Terms and Conditions means these terms and conditions governing the Website and any activities and transactions occurring via the Website, including Part B: Terms and Conditions for the Sale of Goods on the aussieBum Website, Part C: Gift card Terms and Conditions; and Part D: the general terms of use, as amended from time to time.

Website means www.aussiebum.com

we or us or our or aussieBum means Apparel Eleven Pty Ltd, ABN 40 105 313 693.

you or your means you as the user of the Website, including as a purchaser of Goods from aussieBum.

PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE AUSSIEBUM WEBSITE

2. COMPLIANCE WITH TERMS AND CONDITIONS

2.1 You agree to be bound by the Terms and Conditions when you submit an Order.

2.2 Each Order you submit will be a separate and binding agreement between you and aussieBum with respect to the supply of Goods, in accordance with these Terms and Conditions

3. PLACING ORDERS FOR GOODS

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.

3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply.

3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. aussieBum will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, aussieBum is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to aussieBum. You agree to obtain consent from the recipient of a gift when providing their personal details to aussieBum Online.

3.5. You may Order from aussieBum if you have an active email account and a telephone number at which you can be easily contacted.

3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations can be initiated by the customer by following the “Change/Cancel My Order” link on the Order Confirmation email which is sent to the nominated email address, or via our Contact Us Form [https://www.aussiebum.com/contact] selecting the Enquiry “I need to cancel or change my order before it is shipped”. Orders can be cancelled up until the order has been dispatched. Goods may be returned in accordance with the Returns Policy, including where payment has been made wholly or partly by Gift Card.

3.7. For orders of a value over AUD$500 (or equivalent) and/or more than 23 items, we can only ship with DHL Express (Fasttrack for USA orders) due to restriction from our economy shipping partners.

3.8. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of AU$2,000.

3.9. You will be provided with an automatic Order number upon submission of your Order. The Order number is required when contacting our Customer Service Team.

3.10. In submitting an Order you represent and warrant to aussieBum that:

• you have read and agree to these Terms and Conditions; and

• you have complied with all applicable Laws.

3.11. Orders will be packaged at aussieBum's discretion. Additional packaging may not be able to be supplied if requested. 

4. ACCEPTANCE AND REJECTION OF ORDERS

4.1 aussieBum reserves the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it represents an agreement by aussieBum to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. The receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. aussieBum is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.4 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.

5. AVAILABILITY OF GOODS

5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, aussieBum will use reasonable endeavours to contact you within five (5) Business Days to arrange a reimbursement or substitution.

• Where a refund is requested we will use reasonable endeavours to process the refund within five (5) Business Days. The receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. aussieBum is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

• Where a response from the customer is not received within five (5) Business Days, aussieBum will process a Gift Voucher to the Australian Dollar equivalent purchase price of the Out Of Stock Good(s)

5.2. In the event that a Good is out of stock at the time of order fulfilment, but is scheduled to be restocked within two (2) weeks, the Good will be placed on Backorder and supplied to the customer at a later date. Customers will be advised of Goods placed on Backorder, and may cancel a Backordered Good for reimbursement until such time as the Backorder is fulfilled.

5.3. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. aussieBum will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.4. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, aussieBum Online will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.

5.5. You acknowledge and agree that:

• all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;

• you have read any corresponding written description of the Goods prior to submitting your Order;

• the colour of Goods as shown on the Website may vary slightly in shade in real life;

• where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and

• any accessory featured with the Goods is for illustration purposes only.

6. PRICE AND PAYMENT

6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.

6.2 aussieBum is able to accept payment in the following currencies:

• AUD - Australian Dollars

• CAD - Canadian Dollars

• EUR - Euros

• GBP - Great British Pounds

• NZD - New Zealand Dollars

• USD - American Dollars

Prices are displayed in the currency nominated on the Website. Currency conversion rates are set daily.

6.3. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). 

6.4 Where a currency other than those accepted as advised in clause 6.2 is chosen, you will be charged the Price in Australian Dollars (AUD). Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or Paypal.

6.5 In some instances, payment might not be processed directly on the website. We will then send you an authorisation form. Payment for orders requiring Authorisation can be made by Credit Card or PayPal only.
Should we not have a response from you within 10 days of an Authorisation being sent, your order will be automatically cancelled.

6.6 aussieBum reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.4 will apply). aussieBum does not offer Rainchecks. This also applies to any order placed before a Sale. The price you agree to at checkout when submitting your order, and payment is final.

6.7 In respect of any Order, we will charge you and you agree to pay to us:

• the Price (which is the Price at the time the Order); and

• the Delivery Fee (if any).
  
  

6.8 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card (Visa, MasterCard, and American Express), PayPal, PayPal Credit, AfterPay, ClearPay, AliPay and WeChat Pay, Apple Pay and Google Pay When paying by credit card, you authorise aussieBum to debit your nominated card at the time you submit your Order. 

6.9 You acknowledge and agree that any payment in respect of an Order must be cleared by aussieBum before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

6.10 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.11 You will receive an invoice by email once payment in respect of your Order has been processed.

6.12 aussieBum uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

7. DELIVERY

7.1 aussieBum uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2 Shipping Options are dependent on the Delivery Address, and can be selected at Checkout. Applicable Delivery Fees for the Goods are advised at checkout.

7.3 Customers are provided with Tracking Information at the time of dispatch. Customers are expected to follow the tracking of their order with the provided Information. Specific guides of how to track an order dependent on the selected Shipping Method can be found on our FAQ Page under “Delivery” [https://www.aussiebum.com/faq] 

7.4 The standard allowable shipping times:

Domestic

Express: 3 Business Days from Dispatch

Economy: 7 Business Days from Dispatch

Please refer to Australia Post for the most up-to-date information: https://auspost.com.au/sending/send-within-australia/delivery-speeds-and-coverage 

International

Express: 7 Business Days from Dispatch (handled by DHL Express)

Express USA: 4 to 7 Business Days from Dispatch (handled by SEKO)

Economy (shipped with SEKO): 10 Business Days from Dispatch

Economy (shipped with DHL eCommerce): 21 Business Days from Dispatch. 

Please refer to our Shipping Updates page for the most up-to-date information in regards of possible delays due to the current pandemic: https://www.aussiebum.com/hc/shipping-updates-covid-19 

7.5 You acknowledge and agree that notwithstanding anything else stated on the Website:

• aussieBum cannot guarantee that delivery will occur in the stated delivery time frames;

• delivery time frames may change from time to time due to unforeseen circumstances; and

• except where required by applicable law, aussieBum is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
  
  

7.6 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.

7.7 All Economy parcels and Express to the USA does not include Signature on Delivery and you consent to an Authority To Leave when selecting this shipping Method. Only Express Shipping with DHL Express offers a signature on delivery service. aussieBum will not be liable for Orders that are lost or stolen after being marked as delivered by the Delivery Agent.

7.8 If the Delivery Agent is unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, your parcel will be held for collection. It is your responsibility to contact the Delivery Agent to organise re-delivery or collection of your parcel. You will be able to find this information on your order tracking page.

7.9 Where you do not collect your Goods from the outlet specified within the time required of a failed delivery, you must contact our Customer Service Team using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.10 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Team as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may contact our Customer Service Team, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
More information regarding Returns can be found on our FAQ Page: https://www.aussiebum.com/faq 

7.11 You warrant to aussieBum that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so. aussieBum will not be liable for any Goods delivered to a Freight Forwarding party that are not onforwarded.

7.12 Orders dispatched by the chosen method DHL Express may be assessed for duties and taxes that are not covered by aussieBum. By selecting the delivery method DHL Express, you waive your rights to a refund should you not accept the duties and taxes charged by the authority in the destination country. DHL Express deliveries are not part of our VAT refund scheme.

8. RISK AND TITLE

Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

9. ORDER CANCELLATIONS AND RETURNS

9.1. Unless provided for under these Terms and Conditions, cancellations or changes to Orders will only be accepted before dispatch, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy.

9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.

9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. The receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. aussieBum is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. aussieBum Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order. Should your refund being rejected by the card issuer, we will refund you in a form of a transfer to your PayPal account. If you do not have a PayPal account, we will invite you to create one. Should you not agree to open a PayPal account, the refund will be issued in the form of a Voucher that you will be able to use for your next purchase.

10. GIFT CARDS AND PROMOTIONAL CODES

10.1 Gift Cards purchased will be issued in AUD only

10.2 Vouchers will only be issued in AUD

10.3 Gift Cards and Vouchers are not redeemable for cash or refund.

10.4 Redeemable for products sold online only.

10.5 One promotional code is allowed per customer only.

10.6 Gift Cards and Vouchers will be valid for 3 years from issue.

10.7 Sales or any other promotion does not apply to the purchase of Gift Cards.

10.8 Promotional code - Free item/Promotional Pack is not eligible for an exchange or refund

[Version 1.4, FEBRUARY 2021, © Apparel Eleven Pty Ltd]