Terms and Conditions

These Terms & Conditions of Service (“Terms”) constitute an agreement relating to the provision of consumer goods by the provider (“Company”) to the buyer (“Consumer”), a recipient of goods provided by the Company.

DEFINITIONS

Goods

Products acquired by the average consumer for personal, domestic or household use or consumption including related services.

Point of sale

The place at which a retail transaction is carried out. The point of sale may occur in person or through the Company website & other online outlets.

Payment portals

Digital payment option are available thru company website. PROVISION OF CONSUMER GOODS AND SERVICES
1. The Company is an authorised and exclusive seller of ubuty brand of casual wear, gifts & novelties

2. The Company’s product line includes but is not limited to casual wear, gifts & novelties.

3.ubuty goods are available for purchase by the Consumer online through the Company’s official website.

4. In providing the goods, the Company will exercise the reasonable degree of skill, care normally expected of a competent professional and in accordance with any applicable laws or regulations.

TERMS OF PAYMENT

5. The Consumer is to make payment in exchange for the purchase of goods offered by the Company at the point of sale, with receipts for payment generated either in print form or electronically by email.

6. All fees and expenses and disbursements for goods provided in Australia are in Australian dollars (AUD)

7. Where all online transactions attract additional fees or expenses, these shall be paid to relevant third party provider or the Company by credit card, or Electronic Funds Transfer.

8. Unless otherwise agreed by the Company, for in-person point of sale transactions, all fees, expenses and amounts payable shall be paid to the Company by Electronic Funds Transfer or cash.

GST

9. All purchases, expenses and disbursements for, goods provided by the Company are inclusive of the goods and services tax as applicable in the relevant authorities (GST).

ONLINE ORDERS AND DELIVERY

10. The Consumer is permitted to:
(a) access and use the Company’s website to place an order for goods for sale through the website; and
(b) communicate with the Company.

11. The order cannot be cancelled by the Consumer once delivery of the goods is accepted.

12. Once an order is placed and accepted by the Company, the Consumer will receive an email confirming order details and receipt of payment. Should the Company use its discretion to cancel the order, the Company will email the Consumer indicating that the order has not been accepted.

13. The Company must make arrangements to fulfil the order, once payment is made and the order is accepted.

REPAIR, REPLACEMENT OR REFUND POLICY

14. Subject to clause 16 (Faulty or Damaged Goods) , the Company will offer a refund, credit note or exchange for goods provided:
(a) the goods are returned within 7 days of receipt of goods;
(b) the goods have not been worn or damaged.
(c) the original tags are attached and item returned in original plastic bag.
(d) the item is not a clearance item; and
(e) the Consumer presents proof of purchase.
(f) Change of mind by the customer or buyer is not a valid reason to return the goods.
(g) Size Charts are provided for all casual wear for consumer convenience and to prevent purchasing the wrong size by he consumer.

FAULTY OR DAMAGED GOODS

15. Where a Consumer identifies goods to be defective, they are required to return the defective goods to the ubuty mailing address through the post. Once received, the Company shall undertake an assessment of the goods and identify the nature of the defect. 16. Where the Company assesses the goods as defective (excluding any defect caused by the Consumer), the Company is to provide the Consumer with an option to have the goods repaired, replaced or for a credit note or refund to be issued.

WARRANTIES

17.Except as required by law (including the Australian Consumer Law), the Company’s liability under this warranty shall not exceed the amount of the purchase price of the goods or the replacement of the goods with the same or a similar product.

18. Subject to the terms and conditions of this warranty where goods are identified as defective by the Consumer and assessed by the Company as defective within 30 days from the date of purchase, the Company agrees to the full amount of the purchase price (in the event where it is not possible to provide an identical replacement or an item to the same or equivalent value).

DISCLAIMER

19. It is the Consumer’s responsibility to ensure that the purchased goods are appropriate for the Consumer’s intended use.

20. It is the Consumer’s responsibility to retain their proof of purchase for repair, replacement, refund and warranty purposes.

LIMITATION OF LIABILITY

21. To the maximum extent permitted by law, the liability of the Company, its agents, its licensors & employees , whether in contract or otherwise, in respect of all claims for loss, damage, expenses or injury arising under or in connection with these Terms (whether express or implied), from any cancellation of these Terms or from any negligence, misrepresentation or other act or omission on the part of the Company, its representatives, agents or sub-contractors shall not in aggregate exceed the purchase price payable for the goods.

22. To the maximum extent permitted by law, if the Company is found liable to the Consumer (whether in contract, tort or otherwise), and the Consumer or a third party has contributed to the loss or damage (e.g. as a result of misuse, exposure to adverse chemicals or mistreatment of the goods), the Company shall only be liable to the proportional extent of its own contribution.

23. The Company’s liability cannot be excluded, the Company limits its liability as set out in clauses and to the fullest extent permitted by the Australian Consumer Law. CONSUMER LIABILITY AND INDEMNITY

24. To the maximum extent permitted by law, the Consumer indemnifies the Company from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including, without limitation, legal fees, service costs and costs of recovering unpaid amounts) arising out of or in any way connected with the Consumer’s own breach of these Terms.

DISPUTES

25. The parties are required to, at first instance, personally resolve any dispute relating to the goods and services provided by the Company. Where relevant, negotiation and mediation are the preferred methods in dispute resolution where attempts to personally resolve the dispute fail.

INTELLECTUAL PROPERTY

26. The provision of goods will not operate so as to transfer or vest in the Consumer any trademark, copyright or other intellectual property. All intellectual property rights in respect of the Company and the goods provided by the Company remain the Company’s or the applicable manufacturer’s property and the Consumer may not use, or alter the intellectual property in any way.

PRIVACY ACT

27. The Company may display advertisements from third parties and material that links to third-party portals or websites for payment purposes. Links to third-party sites that are not operated or controlled by ubuty clothing Pty. Ltd and are provided for the Consumer’s convenience. Should a Consumer click on a third-party advertisement or access the Payment portals to make payment, the Consumer accepts that any personal information provided through the third-party payment portal is not subject to the provisions of clauses 27 to 32 and that the terms of conditions of the Payment portals also apply to the payment. The Company shall not be responsible for any breaches by any third party and the Consumer shall in turn indemnify the Company against any liability or loss arising as a result of any breaches by any third party or the Payment portal provider, of the privacy laws.

28. All Consumers opting to purchase goods through the Company’s website irrevocably authorise:
(a) The Company to collect, retain and use such information about that Consumer as the Company may necessarily require for the purposes of:
(i) Processing the Consumer’s payment for purchase of goods;
(ii) Providing the goods to the Consumer;
(iii) Dealing with requests, enquiries or complaints and other customer care related activities and all other general administrative and business purposes; and

29. Should a Consumer submit the personal information of any other person on the Website, including in the course of making any order, the Consumer warrants that the person is aware of and has consented to the use of their personal information in accordance with these terms.
30. The Company will its use reasonable efforts to maintain reasonable security safeguards to protect a Consumer’s information and take reasonable steps to ensure a Consumer’s information is not disclosed to an unauthorised person or entity. 31. The Company will retain a Consumer’s information for so long as is reasonably necessary to fulfil the Purposes for which it was collected, including for the purposes of satisfying any legal requirements. 32. Any information about a Consumer that is collected by the Company will be held by the Company. The Company will comply with its privacy obligations (where applicable) with respect to such information.

NOTICES

33. Each notice or other communication under these Terms is to be made in writing by personal delivery or by post to the addressee at the address, and marked for the attention of the Consumer.

34. A communication will be deemed to be received:
(a) In the case of a letter, on the seventh Working Day after posting;
(b) In the case of personal delivery, when delivered; and
(c) In the case of emails upon delivery to the Consumer’s last known email address provided that no notification of failed delivery has been received by the Company, provided that any notice given after 5:00pm or on a day which is not a Working Day shall be deemed to be given at 9:00am on the next Working Day.

GENERAL

35. These Terms set out the entire agreement and understanding between the parties and merges all prior discussions between them. No party will be bound by any conditions, warranties or representations except as expressly provided in these Terms or the associated reseller agreement or licence agreement.

36. Any waiver, delay or failure to execute any rights by the Company shall not be deemed a waiver of that right or any further or other right of the Company. No waiver is effective unless it is in writing.

37. If any provision of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision shall be deemed to be modified to the extent necessary to remedy such unacceptability, illegality or invalidity or if this is not possible then such provision shall be severed from these Terms, without affecting the enforceability, legality or validity of any other provision of these Terms.

38. The Consumer may not assign its rights and obligations under these Terms without the Company’s written consent.

39. The Company reserves the right to update or change these Terms at any time.

40. These Terms shall be governed by in accordance with the laws of the Commonwealth of Australia and Victoria. The parties submit to the exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.