Australian Dollars
1. User agreement
1.1 By using the headwear.com.au website you accept these terms and conditions ('Agreement or terms') and our Privacy Policy. This Agreement is between you and Headwear Professionals (referred to in this Agreement as 'we', 'us' or 'our'). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Registration and user requirements
2.1 You may be asked to register with us in order to make orders and access certain features of the Website.
2.2 If you register with us, you may be asked to provide personal details such as your name, address and email address, as well as choosing a user name and a password. You must ensure this information is accurate and current.
2.3 Information is stored securely and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here).
2.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately (hsq@headwear.com.).
2.6 We are not liable for any unauthorised use of your account.
2.7 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2.8 To register an account and use the Website, you must be at least 18 years old and have capacity to enter into a legally binding agreement with us.
3. Disclaimer
3.1 For orders on the Website, the prices that are listed at the time of your order on the product page apply. The prices are final prices exclusive of GST and shipping costs. The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose.
4. Website changes
4.1 We reserve the right to change, alter, vary or amend the Website at any time.
4.2 We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other Content contained in your account.
5. Access and use of the Website
5.1 You must only use the Website in accordance with these terms and any applicable law.
5.2 You must not:
5.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or
5.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;
5.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or
5.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
5.3 You must not use another member's account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorised use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.
6. Intellectual property
6.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
6.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
6.3 You may not:
6.3.1 modify or copy the layout or appearance of the Website, nor any computer software or code contained on the Website; and/or
6.3.2 decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
6.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the Content of your correspondence or communication, and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improving goods or services we provide.
7. Information on this Website
7.1 Information about goods and services on the Website is based on material provided by third party businesses ('Vendors'). We do our best to verify the information provided to us by Vendors but we cannot guarantee its accuracy.
7.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by Vendors.
7.3 You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the voucher or goods.
7.4 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, and shoes) may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
8. Disclaimer and liability
8.1 To the fullest extent possible by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
8.1.1 errors, mistakes or inaccuracies on the Website;
8.1.2 you acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website;
8.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
8.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
8.1.5 any interruption or cessation of transmission to or from the Website;
8.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
8.1.7 the quality of any product or service of any linked sites.
8.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website, or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Vendors of goods and services.
8.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
8.4 Except as required by law, in no event shall we, our affiliates and related entities, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our Vendors have no responsibility for the legality of your actions.
9. Placing Orders
9.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
9.2 Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
9.3 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
9.4 We may reject your order, including in circumstances where we believe there may be a credit card fraud, where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
9.5 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we might not be able to change or replace your order where you have made an error.
9.6 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
10. Price and payment
10.1 The prices goods, delivery and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change. All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold goods against your order.
11. Links to third party websites
11.1 The Website may include links to other websites, Content or resources. These linked websites, Content or resources may be operated by third parties and we may have no responsibility or control over them.
11.2 The existence of these links does not imply that we endorse the linked website, Content or resource. You acknowledge that we have not reviewed any of these third party websites, Content or resources and we are not responsible for the material contained therein.
12. Transfer and Assignment
12.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
12.1.1 we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
12.1.2 we shall be entitled to assign the benefit of any agreements we have with you to the third party.
13. Indemnity
13.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of this Agreement.
14. Supply and delivery of goods
14.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
14.2 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. We will not be held liable:
14.2.1 for late delivery where attempted delivery has occurred on or before the delivery time-frames; or
14.2.2 where delivery has occurred and a parcel has been signed for (regardless of whether or not you have personally accepted delivery).
15. Goods out of stock
15.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
16. Change of mind returns
16.1 We handle returns, refunds and repairs in accordance with our obligations under the Australian Consumer Law.
16.2. If you are seeking a return, refund or repair, it will be considered under the following conditions:
16.2.1 You need to
16.2.1.1 complete a Return Request form which we will supply to you upon receiving the return enquiry; and
16.2.1.2 return the completed Return Authority form back to us within 7 days of delivery of the purchased items; and
16.2.2 The items must
16.2.2.1 be not used or worn and in perfect condition; and
16.2.2.2 be in the original undamaged packaging; and
16.2.2.3 have the original tags and labels attached; and
16.2.3 You have to pay for
16.2.3.1 the cost to return the items to the destination indicated on the Return Authority; and
16.2.3.2 our supplier restocking fee, which is the greater of $20 or 10% of the value per label or brand.
16.3 If we allow a return in these circumstances, we will ask you to follow our returns process. As a general rule, garments that have been decorated in any way will not be accepted for return.
16.4 We will provide you with a refund or store credit only once you have met the above conditions, our supplier warehouse have received and inspected the items and the items have passed the return inspection.
17. Defective goods
17.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
17.2 Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us and rights you may have in relation to those warranties are separate to any warranty rights given to you by us.
18. Process for returns and refunds
18.1 When seeking a return on a product, please contact us via hsq@headwear.com.. Once contacted us, we will request a return enquiry form from you and investigate your issue.
18.2 We will advise you whether your product may be returned and will send you a Return Authority form with details of the return.
18.3 Include the completed Return Authority in the package you are returning within the required time.
18.4 Once you have shipped the return item, email the shipping tracking number to hsq@headwear.com.
18.5 Once an item is returned, our warehouse will inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods are not in an unused and perfect condition), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
18.6 We aim to process refunds and replacements within 14 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
19. Communication by us
19.1 As a condition of registering for headwear.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
19.1.1 “Administrative Emails” involve details of account activity and purchases you have made; and
19.1.2 “Promotional Emails” consist of product information and new offers. You may choose to opt-out of receiving Promotional Emails at any time by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.
20. General Provisions
20.1 Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
20.2 Applicable law: This Agreement will be governed by and interpreted in accordance with the laws of Western Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of the State of Western Australia.
20.3 Written communication: In relation to any correspondence or notification which is required under these terms to be provided in writing from one party to the other party:
20.3.1 such notice is properly given if given to the other party:
20.3.1.1 by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the website or in terms of this agreement.
20.3.1.1 by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the website or in terms of this agreement.
20.3.2 such notice is taken to be received:
20.3.2.1 if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
20.3.2.2 if sent by prepaid post within Australia, five (5) days after the date of posting.
20.3.2.3 if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.
20.4 No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these terms without our prior written consent.
20.5 Severability: If any clause or sub-clause of these terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these terms shall continue in full force and effect.
20.6 No waiver: In the event that we fail to enforce any provision of these terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these terms will not constitute a waiver of any other clause or sub-clause.
20.7. Headings for convenience only: Headings of clauses and sub-clauses under these terms are for convenience only. Headings shall not affect the meaning of any provision of these terms.
20.8. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these terms and the events contemplated by them.
20.9. Separate agreements: You may have other legal agreements with us. Those other legal agreements are separate from and are in addition to these terms. These terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us.
21. Contact us
21.1 You can contact us about these terms using the following details: hsq@headwear.com.
22. Privacy and Personal information
22.1 If you provide us with any personal information, our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.