TERMS AND CONDITIONS FOR TONTINE.COM.AU
Part A: INTRODUCTION
These terms govern the use of tontine.com.au (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, 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 Pacific Brands Clothing Pty Ltd ABN 40 098 742 655 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.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre and a representative will be happy to assist you. The Customer Service team operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 8.00am until 5.30pm (Australian Eastern Standard/Daylight Savings Time).
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Tontine Online.
Delivery Fee means the fees charged by the Delivery Agent of Tontine for the delivery of Goods.
Gift Vouchers means an electronic gift voucher issued through this Website through the acquisition of which you or a recipient may make non-cash payments for goods from Tontine Online.
Goods means the items offered for sale, 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 Tontine Online in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, including GST).
Returns Policy means the Tontine Returns Policy found on the Website.www.tontine.com.au/terms-of-use/returns
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.tontine.com.au
We or Us or Our or Tontine or Tontine Online means Pacific Brands Clothing Pty Ltd (ABN 40 098 742 655), trading as the Tontine Group.
You or Your means you as the user of the Website, including as a purchaser of Goods from Tontine Online pursuant to these Terms and Conditions.
PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE TONTINE WEBSITE
2. Compliance with Terms and Conditions
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Tontine Online 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 on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) 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. Tontine Online 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, Tontine Online is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Tontine Online.
3.5. You agree to obtain consent from the recipient of a gift when providing their personal details to Tontine Online.
3.6. You may Order from Tontine Online if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.7. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement, unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
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 $2,000 (exl GST).
3.9. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
3.10 In submitting an Order you represent and warrant to Tontine Online that:
(a) you are aged 16 years or older;
(b) you have read and agree to these Terms and Conditions; and
(c) you have complied with all applicable Laws.
4. Acceptance and rejection of Orders
4.1 Tontine Online 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 Tontine Online to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Tontine Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 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. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tontine Online 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.
4.5 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, Tontine Online will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tontine Online 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.
5.2. 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. Tontine Online 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.
5.3. 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 will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Tontine 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.
5.4 You acknowledge and agree that:
(a) 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;
(b) you have read any corresponding written description of the Goods prior to submitting your Order;
(c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
(d) 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
(e) 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.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, are inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 Tontine Online 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 pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay to us:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card, Visa Checkout or Pay Pal. When paying by credit card, you authorise Tontine Online to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Tontine Online 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 on the Website. 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.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed provided that you have provided a valid email address for this purpose.
6.9 Tontine Online 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.
7.1 Tontine Online 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 You should refer to the; Shipping Options; section of the website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the; Shipping Options; section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
(a) Tontine Online cannot guarantee that delivery will occur in the stated delivery time frames;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) except where required by applicable law, Tontine Online 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.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.6 If we are 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, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your Goods from the Australia Post office within 10 days of a failed delivery, you must contact our Customer Service Centre on 1800 630 034 or email us 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.
7.8 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 Centre as soon as practicable on 1800 630 034 or email us at email@example.com. 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 call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
7.9 You warrant to Tontine that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
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, no cancellations or changes to Orders will be accepted, 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 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 in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Tontine Online 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. Tontine 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.
10. Promotions and Discounts
Tontine Online offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping on the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offer. If your code is lost or stolen it will not be reissued. Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any % off, are not available when purchasing Gift Vouchers.
PART C: SPECIFIC GIFT VOUCHER TERMS AND CONDITIONS
11. Gift Vouchers
11.1 In this section 11, a reference to “you” or “your” is a reference to the person who is in possession of the Gift Voucher at the relevant time for the purposes of these Terms and Conditions, or who authorises another person to do something with or to the Gift Voucher on their behalf.
11.2 To purchase a Gift Voucher from the Website, navigate to the Tontine Gift Voucher section of the Website and fill in the required information on the online form. Once completed Add to your Bag and then proceed to payment/checkout as normal. Once you complete the online transaction and it is validated, the Gift Voucher will be sent via email to the recipient email address nominated in the form. It is then ready to use.
11.3 To redeem a Gift Voucher at the Website, insert the Gift Voucher code in the required field at the point of checkout.
11.4 Gift Vouchers are treated like cash. If your redemption code is lost or stolen this will not be re-issued and the value of the Gift Voucher will not be refunded. Gift Vouchers are not redeemable for cash.
11.5 Gift Vouchers expire twelve months from the issue date unless otherwise stated at the time of purchase. Any unused amount after the expiry date of the Gift Voucher is forfeited and will not be refunded or credited.
11.6 Gift Vouchers are to be used for the purchase of goods on Tontine Online only and may not be redeemed at any other stockist of Tontine products. Gift Vouchers may not be used to make purchases by phone, email or facsimile. Gift Vouchers may not be used to purchase other Gift Vouchers. A limit of $500 per gift voucher and gift vouchers totalling no more than $2,000 per Order applies.
11.7 Gift Vouchers cannot be cancelled once issued, except of voided by Tontine, if their value is used or if they expire. Tontine reserves the right to cancel any Gift Voucher for any time without notice. Where Tontine cancels a Gift Voucher with any outstanding legitimate value, we may elect to provide a refund or a replacement Gift Voucher. We reserve the right to correct the balance of a Gift Voucher if we have reasonable grounds to believe that a clerical or accounting error has occurred.
11.8 You are responsible for the use and safety of your Gift Voucher. You are liable for all transactions made using your Gift Voucher, except to the extent that there has been fraud or negligence by us. If you have reason to believe that an error has occurred in relation to your Gift Voucher, you must contact our Customer Service Centre as soon as practicable on 1800 630 034 or email us at firstname.lastname@example.org.
PART D: GENERAL
12.2 You represent and warrant to Tontine that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Tontine;
13. Intellectual property
13.1 The Website and all materials provided on the Website are owned or licensed by Tontine, including the “look” and “feel” of the Website, the colour combinations, layout, literary and artistic works, images, photographs and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted by under the Copyright Act 1968 (Cth), other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Tontine.
13.2 Various trade marks displayed on the Website (whether registered or otherwise) are owned or exclusively licensed by Tontine. The trade marks displayed on the Website must not be used or reproduced without the prior permission of Tontine. If you are an authorised reseller of Tontine’s products and would like to request permission to use images or other content from the Website for business purposes, please contact our Customer Service Centre at email@example.com.
13.3 If you believe you own the copyright in any work that has been displayed on the Website without your permission, please contact us and the matter will be investigated.
14. Warranties you make to Tontine Online
You represent and warrant to Tontine Online that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Tontine Online;
b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
(c) you are over the age of 16;
(d) in placing your Order, you have read and agree to these Terms and Conditions; and
(e) in placing your Order, complied with all Laws.
15. Tontine’s Online liability to you
15.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Tontine will not be liable to you or any third party for any loss, damage, cost, expense or injury (including any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of revenue, profits, anticipated savings, goodwill, business interruption or the loss of data or information, or damages for product liability or personal injury ) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website or resulting from the use of goods or services supplied to you, or on your behalf, through the Website.
15.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Tontine Online excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
15.3 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Tontine or Tontine’s related bodies corporate in connection with goods or services supplied to you will, at the election of Tontine, be limited to:
(a) In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods;
(b) In relation to Gift Vouchers, our maximum aggregate liability to you is limited to the outstanding value on your Gift Voucher; and
(c) In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
15.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16.1 Tontine Online reserves the right to, at its discretion, terminate your access to and use of the Website:
(a) for convenience, at any time, upon provision of notice to you;
(i) if Tontine Online reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17.1 The information contained on the Website is provided by Tontine in good faith. To the best of Tontine’s knowledge, the information is accurate and current however the Website and its contents are provided to you on an “as is” basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. To the maximum extent permissible under applicable laws, Tontine and its related bodies corporate make no representation or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided.
17.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Tontine excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
19. VIRUS WARNING & Security
19.1 All care is taken to ensure that the Website and data transmissions are free from viruses. However Tontine cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Tontine entirely of all responsibility for any consequences of its use.
19.2 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
21. THIRD PARTY SITES
21.1 The Website may contain links to third party sites. Tontine is not responsible for the condition or content of those sites as they are not under Tontine’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Tontine of the sites or the products or services provided on the site. Tontine does not permit any linkages to the Website without prior permission.
21.2 Any third-party advertising on Tontine’s pages of third party social networking sites are not the responsibility of, or endorsed by, Tontine. All rights, including copyright in Tontine’s pages, are owned by or licensed to Tontine. Any use of any Tontine’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Tontine. All worldwide rights are expressly reserved.
22. ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
23.1 Tontine Online reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Tontine Online with respect to that Order.
23.2 Tontine Online may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to Tontine Online by electronic mail to our Customer Service Centre at firstname.lastname@example.org.
23.3 Tontine makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
23.4 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
23.5 A failure or delay by Tontine Online to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Tontine Online does not preclude its future exercise or the exercise of any power or right.
23.6 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Camberwell, Victoria.