General Terms and Conditions of
CARHARTT WIP AUSTRALIA
|1.||Scope of application/contact details|
|1.1||These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, WORK IN PROGRESS AU, and you as our customer via our online shop on carhartt-wip.com.au (hereinafter referred to as "online shop").|
Contradictory or supplementary terms and conditions of yours shall become part of the contract only if expressly accepted in writing by us. Our mere knowledge of your terms and conditions shall not make them part of the contract.
The version of the GTC which is current when the contract is concluded shall apply to that contract.
Our contact details are as follows:
|2.||Eligible customers, destinations and order quantities|
|2.1||You may place orders in our online shop only if you act as a consumer and not (for example) if you act as an entrepreneur, or in the course of an activity as a self-employed person.|
We only accept orders from Australia.
|3.||Conclusion of contract and details regarding the ordering process|
|3.1||The presentation and promotion of items in our online shop does not constitute a binding offer for the sale of any item.|
After ticking the ordering button all items selected by you will again be displayed in an order summary. You may then identify and correct input errors, if any, prior to making your final binding order. By ticking the purchase button you submit a legally binding offer.
A purchase contract is not concluded by the submission of your order. First you will receive from us a confirmation of receipt of your order by e-mail; this confirmation is also not a legally binding acceptance of your order. CARHARTT WIP AUSTRALIA reserves the right to not accept the order, for example, if the items ordered by you are subject to limited availability. The purchase contract for an item you ordered shall not be concluded until you have received from us another e-mail with the shipping confirmation for the item or until conclusion is implied by delivery of the relevant item through CARHARTT WIP AUSTRALIA.
The contract can be concluded in English.
The contract terms will be stored by CARHARTT WIP AUSTRALIA after conclusion of the contract but will no longer be accessible to you.
Upon completing your order and checking out you agree to be added to the Carhartt Australia mailing list. You may unsubscribe from this list at any time.
|4.||Prices and shipping costs|
|4.1||The purchase prices of the products are as shown by the price tags in the online shop at the time of the order. Unless marked otherwise, all prices in our online shop are provided in AUD and are gross prices including the applicable GST, taxes and duties. While we try hard to ensure that there are no pricing mistakes on our online shop, we will not be bound by mistakes in the price of any product (unless you have already purchased the relevant product at the incorrect price).|
Carhartt WIP Australia offers flat rate shipping of $12 within Australia and $25 to any address within New Zealand regardless of order size. Orders are shipped via Australia Post's eParcel delivery service. The final price including GST will be shown on the order form before you submit the order.
If we fulfill your order in accordance with clause 6.2 of these GTC by partial delivery, you shall incur shipping costs only for the second partial delivery. If the partial delivery takes place at your request, we will charge separate shipping costs for every partial delivery.
|5.||Terms of payment and offsetting|
|5.1||Payments may only be made by advance payment, credit card (MasterCard, Visa) or by Paypal.|
|5.2||Payment shall be due immediately upon conclusion of the purchase contract. Your credit card/Paypal account will be charged at the time your order is accepted by CARHARTT WIP AUSTRALIA.|
|5.3||You may not offset counterclaims against our claims.|
|6.1||Delivery periods and delivery deadlines are provided in the course of the ordering process.|
|6.2||We are entitled to make partial deliveries.|
|7.||Reservation of self-supply and retention of title|
|7.1||If (as a result of factors beyond our reasonable control) we cannot deliver an ordered item after conclusion of a contract with you or cannot do so in time, (notwithstanding that we entered into a purchase agreement with a supplier before we concluded the contract with you), we are entitled to release ourselves from the delivery obligation with regard to this item. In this case we are bound to immediately inform you of the unavailability of the item and to immediately refund payments, if any, previously rendered for the item and its delivery.|
All sales are final. In the event that you are unhappy with your purchase, we may accept exchanges or returns on items that are still in their original condition (new, tagged, unwashed, unworn). Exception see clause 9.1 of these GTC.
Packages returned without first contacting us will not be accepted. Please contact firstname.lastname@example.org within 4 days of recieving the order for authorisation. Carhartt WIP must receive the returned item within 10 days of return authorization.
|9.||Defects of quality and title/color variations/care of the delivered items|
In the event of any defects of quality or title you are entitled to all rights pursuant to the provisions of statutory law.
Slight color variations between the colors of the items shown on the website and their actual colors may occur for technical reasons.
Please observe the washing and care instructions that are printed on the labels of the delivered items. We are not liable for any impairment of the items which is caused by improper cleaning or care of the delivered items.
|We are not liable to you (whether under contract, tort (including negligence) or otherwise) for:
i. losses that were not caused by our breach of these GTC;
ii. any loss or damage that was not, at the time our contract with you was formed, a reasonably foreseeable consequence of us breaching these GTC; or
iii. losses relating to any business of yours, loss of profits, loss of data, or loss of opportunity.
iv. losses of any parcel that is redirected to a different address once it has left our warehouse.
Nothing in these GTC is intended to exclude or limit our liability for: (i) death or personal injury; (ii) any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods an Service Act 1982; (iii) fraud; (iv) fraudulent misrepresentation; or (v) any liability that cannot be excluded or limited by law.