This website is owned and operated by Obsession Clothing Pty Ltd (ACN 111 691 019) (‘The Supplier’) trading as Obsession Clothing. By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this site. All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the website.
1 Governing law
The Supplier controls and operates this site from the Supplier offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
2 Revisions to T&C’s
The Supplier may revise or amend these T&C’s at any time at its absolute discretion by posting revised terms online. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.
3 Site content, ownership, and use restrictions
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the Supplier related companies, affiliates, licensors and licensees.
4 Advertising & Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and the Supplier is not responsible for the contents of any such information or website. The Supplier provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
5 Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of: a. Placing an order with the Supplier; or b. Using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents. c. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
6 Prohibited conduct
You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.
7 Licence to use
You grant the Supplier an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
8 User conduct
You must not upload, post, transmit or otherwise make available through this site any material which: - violates or infringes the rights of others (including their privacy and intellectual property rights); - is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit the Supplier any other user from using the site; - affects the functionality or operation of the site or the Supplier servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.
You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.
10 Ordering goods
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. Cancellations or changes to orders will only be made by agreement unless otherwise required by law. You must check your order carefully prior to submitting it and acknowledge that if inaccurate shipping details are provided and the goods are sent to that address then the Supplier is under no obligation to resend or refund your order.
The Supplier may change the prices published on this website at any time. Prices of products placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, the Supplier is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. The Supplier may require additional verification or information before accepting any order.
All prices are displayed in Australian Dollars and are inclusive of GST unless otherwise specified. In respect of any order, the Supplier will charge, and you agree to pay, the purchase price of any items selected and the applicable delivery fee. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability and the delivery location. You will be charged in Australian Dollars regardless of the delivery location. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. You can pay for the goods by any of the methods specified on the website from time to time. When paying by credit card you authorise the Supplier to debit your nominated card at the time you submit your order. You will receive an invoice in respect of your order once it has been processed. If your payment cannot be processed you will be notified.
Title to the goods purchased on this site does not pass from the Supplier to you until it has received payment in full for the goods. All risk in the goods passes to you upon delivery to your address. Delivery will take place to the delivery address you specify when completing the order process and will not occur until after payment in full for the goods has been received.
The Supplier may use third party delivery or shipping companies to deliver goods. You agree to your details being supplied to these companies for the purpose of your goods being delivered. The website of the Supplier sets out delivery options inclusive of costs and time frames. You acknowledge that the Supplier cannot guarantee that delivery will occur in any estimated delivery time frame and that delivery time frames may change from time to time due to unforeseen circumstances. Except where required by law, the Supplier 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. Delayed delivery is not a basis for cancellation of the order or a request for any compensation.
The Supplier or its delivery agent may leave the goods at your premises if unattended. You agree that the parcel is deemed received when left at your premises. The Supplier does not accept responsibility for any loss or damage which results from this delivery method. You agree to release the Supplier from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this delivery method. If you do not wish for the Supplier to undertake this delivery method, you must notify it in writing at the time of placing your order and you will have to be at your premises in order for the delivery to occur.
The Supplier or its delivery agent may at their discretion leave a card at the delivery address explaining how you can receive delivery or pick-up the product if you are not at your premises to receive the goods when delivery is attempted. Where you do not arrange delivery or pick-up using the details contained in the card, the goods may be returned to the Supplier. You must then contact the Supplier for further information with respect to claiming the goods. If the goods are required to be redelivered then you may be required to pay any associated fees for redelivery.
In the case of orders requiring overseas delivery, you are responsible for any local customs charges that may apply. These charges may include, but are not limited to, customs fees, import duties and other associated fees, charged once the order reaches the country of the recipient. The Supplier cannot mark international orders as a gift as a way of bypassing or reducing customs fees. You are recommended to contact your local customs office should information be required regarding the specific custom policies of your intended destination country.
The Supplier cannot guarantee that delivery will occur within any estimated delivery time frames provided and the Supplier 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.
You should advise the Supplier about any defective, damaged, missing and incorrect goods as soon as possible. Goods can only be returned in accordance with the Supplier’s returns policy, a copy of which is accessible on its website. The returns policy, as amended from time to time, forms a part of these T&C’s. Any goods replaced under the Supplier’s returns policy due to being defective, damaged, missing or incorrect will be delivered without charge.
To the extent permitted by law, the Supplier will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by the Supplier under these T&C’s; or (3) a failure or omission on the part of the Supplier to comply with the Supplier obligations under these T&C’s.
15 Limitation of liability
Our total liability to you (if any) in connection with this site, or with these T&C’s or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you.
16 Disclaimer of warranty
The Supplier is providing this site and the Supplier contents on an 'as is' basis and use of this site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
17 Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.
Your ability to purchase goods from this site may be terminated by the Supplier at any time without notice. All limitations of the Supplier' liability will survive termination.
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and it's related companies, affiliates, licensors and licensees.
The Supplier total liability is limited to errors which are related to shipping and delivery of the product. You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify the Supplier in connection with any use (whether authorised or unauthorised of your user name or password).