1.1 References to “we”, “our”, “us” and “Threadicated” means Threadicated Pty Ltd, ABN 31 623 245 063 and includes its directors, employees, contractors, agents and assigns.
1.2 The “Website” means the website operated by Threadicated and available at https://www.threadicated.com.au and includes any other websites through which Threadicated makes the Services available.
1.4 By accessing and/or using the Services you will be deemed to have read and understood, and to have agreed to be bound by, the Terms of Service.
2.1 You warrant that you are aged 18 years and over and have the authority to enter into these Terms of Service with Threadicated.
2.2 You acknowledge that it is your responsibility to provide correct and valid details including your full name and delivery address, and a credit or debit card issued by a bank acceptable to Threadicated. You agree to keep these details accurate and up to date.
2.3 You agree to keep the password to the account which you create with Threadicated (your “Account”) safe and secure. You agree that you will be responsible for all Services ordered using your Account.
2.4 Threadicated reserves the right to withdraw, restrict or amend the Services, and/or to suspend access to your Account, at any time in its absolute discretion.
3. TERMS OF SALE
Ordering via the Website
3.1 You may request products from the Website by placing an order (“Order”). You will be required to make prepayment of the full estimated Order amount.
3.2 Unless otherwise provided for in these Terms of Service, you may not cancel or make any amendment to your Order after it has been placed.
3.3 You will receive an acknowledgement email confirming that your Order has been received. This will be an acknowledgement only and will not constitute acceptance of your Order, or any agreement by Threadicated that all goods requested in your Order are available.
3.4 Whilst Threadicated tries to ensure that all details, descriptions and prices which are advertised on the Website are accurate, you acknowledge that all orders are subject to availability and confirmation of price.
3.5 Threadicated shall have the right to accept or decline an Order in its absolute discretion.
3.6 If your Order is declined, Threadicated will inform you as soon as possible and you will receive a full refund of the amount paid in respect of that Order.
3.7 No Order shall be considered accepted until Threadicated sends you an email confirming your Order, which it will endeavour to do within 48 hours of the Order being placed, confirming availability and total price for the Order (“Price”).
3.8 You acknowledge that 10% of the Price represents a non-refundable styling fee (“Styling Fee”).
3.9 Our Website accepts payments using Visa, Mastercard and Amex.
3.10 You acknowledge that on the first occasion you enter your credit card details on the Website, Threadicated will place a pre-authorisation charge of $1.00 on your card. Once the card has been validated, Threadicated will charge your card with the entire amount owing in accordance with these Terms of Service.
3.11 You acknowledge that Threadicated may also place a pre-authorisation charge on your card in circumstances where stored details are no longer valid and/or a new card or method of payment is selected.
3.12 Any pre-authorisation charges will be cleared within 3-5 working days of the charge, subject to your bank’s usual practices.
3.13 Threadicated may offer promotional discount codes from time to time in its absolute discretion, which will be subject to such supplemental terms as Threadicated deems fit, including but not limited to minimum spends. You acknowledge that a maximum of one discount will be applied to each Order.
4.1 You will be notified via email once your Order has been dispatched and provided with tracking details relating to your Order. Changes to your Order’s delivery status will be indicated via your tracking number on the courier website (please note real time tracking may not be available). All orders are delivered via registered courier and will require a signature, unless you provide “Authority to Leave” during checkout. Orders cannot be sent to PO Box addresses.
4.2 If you have not provided “Authority to Leave” and your address is unattended at the time of delivery, your parcel may be re-delivered at a later date or made available for collection nearby. You acknowledge that if you do not collect your parcel within a reasonable time it may be returned to Threadicated.
4.3 Whilst we endeavour to deliver goods to your nominated address within the time guides indicated, we cannot guarantee delivery times particularly during busy periods where some order dispatches may be delayed due to the additional volume. Dispatch of orders may also be delayed where payment or address information requires verification or correction prior to dispatch.
4.4 By selecting the box “Tick this box if you agree that our driver can leave the delivery if you are out” during checkout you authorise us to arrange for your parcel to be delivered to and left at your nominated shipping address without requiring you to sign for delivery (“ATL delivery”). In doing so, please note that the only confirmation of delivery that will be available and accepted to prove receipt will be obtained from the delivery driver. If you do not receive any items delivered via ATL delivery, they will not be replaced or refunded unless otherwise required by law.
4.5 If your order is lost or damaged in transit, please email us at email@example.com.
5.1 A product which is unworn and unused may be returned, in its original condition with all tags intact and accompanied by proof of purchase, within 5 days of being received for an exchange, credit note or refund of the Price less the Styling Fee. For hygiene reasons, no returns can be accepted on the purchase of cosmetics, earrings, swimwear or underwear.
5.2 Our return policy referred to at 5.1 does not affect your rights under Australian Consumer Law.
5.3 Any products which are faulty or incorrectly described may be returned, accompanied by proof of purchase, within a reasonable time frame for an exchange (if available).
5.4 Any discounts received or minimum spend requirements will be noted on your Account and adjusted as appropriate.
5.5 All returns must be posted by registered post with a completed returns form to U 1803 / 211 Pacific Highway, North Sydney NSW 2060, using the reply paid satchel included with your parcel, and will be at your responsibility and risk until received by Threadicated. Threadicated recommends that you register the satchel with Australia Post, at no cost to you, so that the delivery can be tracked.
5.6 Please ensure your return parcel is securely packaged and both your address and our address are clearly displayed on the outside of the parcel.
5.7 Please allow 10 business days from the day your parcel is delivered to us for your return to be processed and your account to be credited as appropriate. Once your return has been processed you will be notified via the email address registered to your Account. Slight delays to return processing may be experienced during busy sale and promotional periods, due to higher volumes.
5.8 If wishing to exchange an item, please note the size you wish to exchange on the returns form. The item from the original order will first be returned and a new order containing the exchanged item will be processed. We will notify you of your new order number via email once your exchange has been processed.
6.1 Threadicated reserves the right to amend these Terms of Service at any time by posting a notice on the Website. If you continue to access and/or use the Services after publication of such notice, you will be deemed to have read and understood, and to have agreed to be bound by, the amended Terms of Service.
6.2 Threadicated reserves the right to make changes to the Website and/or the Services at any time in its absolute discretion, without any notice to you.
7. USE OF SERVICES
7.1 You agree, at all times whilst using the Services, to abide by these Terms of Service and all applicable laws and regulations.
7.2 You agree, at all times whilst using the Services, that you will not:
a) Misuse the Website;
b) Commit or encourage a criminal offence;
c) Take any steps to circumvent or manipulate the Services in any fashion, or fail to make payment of any Order placed using the Website;
d) Take any steps to undermine or interfere with the Website and the Services, including but not limited to transmitting or distributing a virus, Trojan, worm or logic bomb, hack into any aspect of the Services, corrupt data, send any unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website;
e) Post any material which is inappropriate, false, inaccurate, offensive, obscene, misleading, defamatory, malicious, technologically harmful or in breach of confidence; or
f) Cause annoyance to other users of the Website or infringe upon any other person’s proprietary rights.
7.3 You agree that you must immediately notify Threadicated if you become aware of any unauthorised access to your Account or any security breach to the Website, and you must take all necessary steps to mitigate the unauthorised access and/or security breach. You acknowledge that Threadicated will not be liable for any loss or damage arising from any unauthorised access to your Account.
8. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
8.1 You acknowledge that the intellectual property rights in all software and content, including the Threadicated brands and all other trademarks, trade names and logos made available to you on or through the Website remain the property of Threadicated and/or its licensors and are protected by intellectual property laws in Australia and throughout the world.
8.2 You may store, print and display such software and content only for your own personal use.
8.3 You may not publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any part of such software or content without the prior written consent of Threadicated.
9. ADVERTISING AND THIRD PARTY LINKS
9.1 Threadicated may display third party advertisements and links to other websites on the Website. You acknowledge and agree that you may choose whether or not to engage with any such third party and Threadicated shall not be responsible for any loss or damage of any kind arising out of or in connection with your dealing with a third party.
9.2 You may create a link to the Website homepage from a website owned by you, provided that such link is fair and reasonable and does not endanger or exploit Threadicated’s reputation in any way. You must not create a link to any page other than the homepage, or in such a way as to suggest any form of association, approval or endorsement on our part.
9.3 You acknowledge and agree that Threadicated may send you advertising and promotional material from time to time.
10. BREACH AND INDEMNITY
You agree to indemnify, defend and hold harmless Threadicated against any loss or damage which Threadicated may incur, directly or indirectly, arising from your use of the Website and/or the Services, and/or any breach by you of the Terms of Service, including all legal costs incurred on an indemnity basis.
11. LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, Threadicated shall not be liable to you or to any third party under any circumstances for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by you, whether such liability arises directly or indirectly as a result of;
a) Any breach by Threadicated of its obligations under the Terms of Service;
b) The supply, performance or use of the Services, including but not limited to any injury or illness which occurs as a result of wearing and/or using products supplied by Threadicated;
c) Any fault, delay or unavailability arising out of or in connection with electronic delays, the Internet, the Website, or the Services, including but not limited to any delay in delivery of goods;
d) Any failure to provide goods or services;
e) Any distributed denial-of-service attack, virus or other technologically harmful material which infects your computer equipment, programs, data or other proprietary material; or
f) Any negligent act or omission or wilful misconduct on the part of Threadicated.
11.2 You shall fully and completely release and indemnify Threadicated in respect of all claims, actions, demands, suits, loss and/or damages sustained by any person or party whatsoever for injury to any person and/or property caused by or in connection with or arising out of Threadicated providing the Services to you, whether caused by negligent act or omission or wilful misconduct on the part of Threadicated or otherwise, and in respect of all costs and charges in connection therewith whether arising under statute or common law on an indemnity basis.
12.1 All warranties and conditions which may by law be excluded are expressly excluded.
12.2 Without limiting clause 12.1 above, you acknowledge and agree that we make no representation or warranty about;
a) The Services or performance of the Services;
b) The Website or the material displayed on it; or
c) Availability or pricing of goods.
12.3 Where such warranties or conditions cannot be excluded, modified or restricted, Threadicated’s liability shall be limited, at its option, to issuing a refund, the supply of the Services again or payment of the reasonable cost of having the Services supplied again.
We operate a complaints handling procedure which we will use to try and resolve disputes when they first arise. Please let our customer service team know if you have any comments or complaints by emailing us at firstname.lastname@example.org.
If any provision of these Terms of Service is contrary to, prohibited by, or held invalid under any applicable law or regulation of any jurisdiction in which it is sought to be enforced, that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions.
15. GOVERNING LAW
These Terms of Service shall be deemed to have been made in New South Wales and shall be interpreted in accordance with the laws of New South Wales and Australia. The parties submit to the jurisdiction of the courts of New South Wales and Australia.
16. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and Threadicated with respect to the provision of the Services and supersedes all prior agreements, understandings, arrangements and negotiations in relation thereto.
Any failure by Threadicated to enforce any of the provisions of these Terms of Service shall not be construed as a waiver of such provision or any other provision hereof unless expressly in writing and signed by an authorised representative of Threadicated.
Threadicated may transfer, assign and/or subcontract any of the rights and obligations conferred by these Terms of Service.
19. ELECTRONIC TRANSACTIONS
For the purposes of Sections 9 and 10 of the Electronic Transactions Act 1999 (Cth), the parties consent and agree that any notice required or permitted to be given in writing, and any signature of a party or given on behalf of a party and required or permitted for the purpose of rendering same binding on behalf of a party, can be given electronically, provided that it complies with the relevant sections of the Act.
20. FORCE MAJEURE
20.1 For the purpose of these Terms of Service an event of “force majeure” means an event or circumstance which is beyond the control and without the fault or negligence of Threadicated.
20.2 Threadicated shall not be held responsible for any delay or failure to provide Services, if Threadicated is prevented or delayed in performing its obligation by an event of force majeure.