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INFECTIOUS CLOTHING COMPANY TERMS OF USE AGREEMENT

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Infectious Clothing Company referred to onwards as “ICC,” or “we” reserves the right to make changes to this site and these terms and conditions at any time.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ICC reserves the right at any time after receipt of your order to accept or decline your order for any reason. ICC reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Liability

ICC is not liable for any losses or damages caused by this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received. ATL - if you select authority to leave we are not responsible if the item goes missing after delivery.

Delivery

The delivery times provided by ICC are estimates only. ICC will not be held accountable for late deliveries or loss or damage relating to late deliveries. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.

Acceptance of the Goods

The buyer is responsible for inspecting the goods for fault and notifying us within 5 working days of receiving the goods should there be a fault.

Change of Address

The shipping address for your order is shown in the checkout and on your order confirmation and is also on shipping confirmation emails. In the event that an incorrect address was entered, address changes can only made until the order begins processing. ICC cannot accommodate all address change requests. ICC takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated.

Warranties and Repairs

All warranties offered are the manufacturer’s warranties and not that of ICC. All repairs are carried out by the manufacturer and not by ICC. In some cases, faulty items cannot be repaired and a replacement or refund will be offered. ICC cannot control the availability of parts or replacement goods. ICC has no control over manufacturer repair periods and cannot advise what they will be. We will however do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, ICC cannot be held accountable for repair periods or communication from the manufacturer.

Pricing

Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate.

Returns -  TERMS: 30 day money back, buyer pays return postage

We will happily exchange or refund your order provided the item is in the original condition with the swing tags attached. The items must not have been worn, washed or soiled in any way. Garments with embroidery can not be returned. Postage is not refundable


PROCESS FOR RETURNS

  1. Contact customer service team on 1300 661 475 to discuss your order
  2. Send the item back to Infectious at the address below
  3. Include a self addressed prepaid mail satchel (available from Australia Post)

Returns address

              136 Whites Road, Buderim, QLD 4556
           
 We recommend sending returns via registered post, as we do not accept responsibility for lost items.

Order Cancellations

If notified before goods have been dispatched, ICC can accommodate order cancellations as long as garment is not a special order or has been embroidered. If items have been shipped, ICC reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.

Copyright and Trademark Notice

This site is owned and operated by Infectious Clothing Company Pty Ltd. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Infectious Clothing Company Pty Ltd. All software used on the site is the sole property of ICC or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without ICC prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Credit Card Payments

All orders are subject to pre-authorisations checks to ensure sufficient funds are available and to confirm the validity of the payment method. The total amount for the order will be frozen on your account and this amount is taken when the order is despatched.

 

FURTHER TERMS

  1. Definitions

 

1.1       “Customer” means a person from who ICC accepts an order for Products including a VIP Customer and Buyer.

 

1.2       “Products” means the products, goods and services supplied to the Customer by ICC and in these Further Terms and the Terms of Use, the words Products and goods are interchangeable.

 

1.3       “GST” means Goods and Services Tax.

 

1.4       “Price” means the payment due by the Customer to ICC plus GST under the Contract and specified in the invoice.

 

1.5       “Terms of Use” means the Infectious Clothing Company Terms of Use Agreement found at www.infectious.com.au/about-us/terms-and-conditions/ from time to time. and the Further Terms.

 

  1. Interpretation

In the Terms of Use unless the context otherwise requires:

(a)     a reference to legislation or to a provision of legislation includes a modification, consolidation, re-enactment, amendment of or substitution for it and a regulation or statutory instrument issued under it;

(b)     a reference to any agreement or other instrument is a reference to that agreement or instrument as varied, supplemented, novated or replaced from time to time;

(c)     a reference to a clause, section, annexure or appendix is a reference to a clause, section, annexure or appendix to the Terms of Use and references to the Terms of Use include any recital, annexure or appendix;

(d)     a word denoting the singular includes the plural and conversely;

(e)     a reference to a person includes that person's executors, administrators, successors, substitutes and permitted assigns;

(f)      a word denoting an individual or person includes a corporation, firm, unincorporated association, government or authority;

(g)     a word denoting a gender includes all genders;

(h)     an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally;

(i)      an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

(j)      a reference to “dollars” or “$” is to an amount in Australian currency;

(k)     the word “month” means calendar month and the word “year” means calendar year;

(l)      the words “in writing” are deemed to include any communication sent by letter, telex, facsimile transmission, or telegram;

(m)    a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (“defunct body”), means the agency or body which performs most closely the functions of the defunct body;

(n)     in interpreting this Agreement no rule of construction applies to the disadvantage of a party because that party or its legal adviser was responsible for the preparation of this Agreement or any part of it; and

(o)     headings are included for convenience only and do not affect the interpretation of the Terms of Use.

  1. Communication

 

3.1       Any notice in writing to be given by a party under the Terms of Use must be given to it personally or sent to the address (or fax number or email address) for that party specified in the Terms of Use or to such other address (or fax number or email address) for a party as may be notified in writing by that party.

 

3.2       A notice in writing shall be deemed to be received:

(a)     if hand delivered:

(i)      before 4.00 pm (local time) on a Business Day then on that day;

(ii)     after 4.00 pm (local time) on a Business Day then on the next following Business Day; or

(iii)     on any day not being a Business Day then on the next following Business Day;

(b)     if posted, on the second Business Day after posting; and

(c)     if sent by facsimile or email:

(i)      before 4.00 pm (local time) on a Business Day then on that day;

(ii)     after 4.00 pm (local time) on a Business Day then on the next following Business Day; or

(iii)     on any day not being a Business Day then on the next following Business Day.

 

 

 

  1. Price

 

4.1       Any Quotation given or Price indicated if not accepted within twenty-one (21) days may be subject to variation by ICC at its discretion acting reasonably and having regard to its usual pricing practice and the nature of the Products supplied.

 

4.2       Any increase in the cost of supplying the Products which is beyond the control of ICC which occurs between the date of ordering and delivery shall be paid by the Customer.

5.         No Assignment or Subcontracting

 

5.1       A Customer may not assign or subcontract its rights and/or obligations under the Terms of Use without the written consent of ICC.

 

6.         Entire Agreement

 

6.1       Save for VIP Customers, the Terms of Use:

 

(a)     constitutes the entire agreement between the Customer and ICC as to its subject matter; and

 

(b)     in relation to that subject matter, supersedes any prior understanding or agreement between the parties and any prior warranty, indemnity, condition or representation imposed, made or given by either party.

 

7.          Illegal or Unenforceable Provisions

 

7.1       Part or all of any term of the Terms of Use which is illegal or unenforceable will be severed from the Terms of Use and the remaining provisions of the Terms of Use continue in force.

 

8.          Agreement Confidential

 

8.1       The provisions of the Terms of Use and any subsequent amendments are forever confidential and may not be disclosed by either party (without the consent of the other) to another person, other than for the purpose of obtaining professional legal or accounting advice, or if required by Law.

 

9.          Further Assurances

 

9.1       Each party agrees, at its own expense, at the request of the other party, to do everything reasonably necessary to give effect to the Terms of Use and the transactions contemplated by it (including, where necessary, the execution of documents) and to use all reasonable endeavours to cause relevant third parties to do likewise.

 

10.       Variation

10.1    ICC reserve the right to amend these Terms of Use from time to time at their absolute discretion and notice to the Customer of any such change shall be by posting, faxing or emailing to the address specified in the Terms of Use.

 

 

  1. Failure to Insist on Performance

11.1    The failure by ICC to enforce any of the Terms of Use shall not be a waiver of its right to enforce at a later time.

  1. Agreement Governed by Queensland Law

12.1    The Terms of Use are governed by the laws in force in the State of Queensland and the parties submit to the jurisdiction of the courts of that State.

  1. Remedies Cumulative

 

13.1    The rights, powers and remedies provided in the Terms of Use are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Terms of Use.

  1. Force Majeure

 

14.1    ICC shall not be liable to the Customer in any manner or be deemed to be in breach of the Terms of Use because of any delay in performing or any failure to perform any of ICC's obligations herein if the delay or failure was due to any cause beyond ICC’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). ICC may, at its option, delay the performance of, or cancel the whole or any part of a Contract.            

 

 

 

 

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