TERMS AND CONDITIONS

1.1 These terms and conditions govern your use of the website vettedwear.com (the "Website") operated by VETTED ("us," "we," or "our").

1.2 By accessing or using the Website, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, you must not use the Website.

1.3 By purchasing goods from this website, (‘you’, ‘Customer’) hereby acknowledge that you are entering into a binding contract with us and agree to be legally bound by the terms and conditions set out below, including our Privacy Policy.

Please read these Terms carefully before placing your order as they contain important information about the ordering, processing, fulfilment and delivery of products, including limitations of liability.

 

AUSTRALIAN CONSUMER LAW

In Australia, your purchase of goods will be subject to certain laws including the Australian Consumer Law. These goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to restrict, modify, or exclude the conditions, warranties, undertakings, and other legal rights under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions that are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

REGISTRATION

  1. When you register and activate your account, you will provide us with personal information such as your name, email address, address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
  2. If you are under the age of 13 years, you may not create an account or register as a member. 
  3. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
    1. exercise supervision over the Minor's use of our Website and account;
    2. assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
    3. ensure that the content and information that the Minor may encounter on our website are suitable for the Minor; 
    4. assume liabilities resulting from the Minor's use of our website and their account;
    5. ensure the accuracy and truthfulness of all information submitted by the Minor; and
    6. provide the consents contained in these Terms on behalf of the Minor.
  4. We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

 COLLECTION NOTICE 

  1. We collect personal information about you in order to process your registration, provide you with information about products, goods, services or upcoming events and for purposes otherwise set out in our Privacy Policy.
  2. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, marketing and advertising and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. 
  3. Our Privacy Policy explains:
    1. how we store and use, and how you may access and correct your personal information; 
    2. how you can lodge a complaint regarding the handling of your personal information; and 
    3. how we will handle any complaint.
  1. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
  2. You may also make purchases on our Website without creating an account by using our Guest facility or Guest checkout. In doing so, you acknowledge that we may collect any personal information you provide, including your name, email, address, telephone or other information in accordance with our Privacy Policy. 

 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
  2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
  3. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

 PURCHASES

Pricing and Payment

  1. The Price will be displayed on the Website or in our Device Applications and may be modified or changed by us through our Website or Device Applications (or both), without notice.
  2. Payment will be required at the time of submission of your Order.
  3. Until payment is made in clear and received funds, we have no obligation to accept, process, prepare, deliver or otherwise take any action with respect to any Order.
  4. If there are any delays or errors or inability to process payment, you will be required to address any such issues (with your financial institution, credit card or payment provider) or use an alternative method of payment.
  5. You warrant that in attempting to make payment, you are not engaging in any unscrupulous, fraudulent or deceptive conduct and have not contravened any Law.
  6. As we are based in Australia and you are buying from an Australian company, we therefore charge you for your order in Australian dollars, and any purchases from a person outside of Australia may be subject to currency conversion, taxes (VAT, etc), duty or other shipping, customs, import or other charges upon arrival. These amounts must be paid by you directly and we are not responsible, nor will we reimburse any of these costs to you. 

 ORDERS

  1. You agree to be bound by these Terms when you submit an Order.
  2. Each Order you place will be a separate and binding agreement between you and us with respect to the supply of Goods, in accordance with these Terms.
  3. Orders may be placed via the submission of an electronic Order via our Website.
  4. An Order number will be supplied to you upon submission of your Order to us. This does not constitute acceptance of same, but is required should you wish to contact us. We reserve the right to accept or reject your order in our discretion (and without reasons).
  5. Once submitted, cancellations or modifications may only be made at our discretion and are not guaranteed in every case. It is up to you to ensure that your shopping cart or order is fully complete prior to submission of same.
  6. You acknowledge that all Orders and the Goods themselves are intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply from time to time.
  7. You must ensure that any Order placed by you is complete and accurate to enable the processing and delivery of any such Order. We accept no liability for any Loss (whether to you or anyone else) as a consequence of inaccurate or incomplete Orders.
  8. Where any Order is not intended for the person submitting the Order and is intended for a nominated recipient, you warrant that you have obtained the consent of the recipient to the provision of any personal information submitted to us in connection with such an Order, prior to the making or submission of same.
  9. We reserve the right to accept or reject an Order in our discretion, at any time. We will use reasonable endeavours to notify you of any non-acceptance of your order as soon as is reasonably practicable. We will not be liable to you in any way whatsoever for any rejection.
  10. If rejection occurs where a payment has already been made, we will refund any money paid within a reasonable time thereafter. 
  11. If we need to contact you in relation to an Order and we are unable to do so through the contact details you have supplied us after having made reasonable attempts, we may, in our discretion, reject any Order and provide notification of rejection to you. We are not liable to you or anyone else in connection with such rejection.
  12. We further reserve the right to undertake credit checks, fraud avoidance or any other enquiries that we, in our discretion, consider appropriate before accepting or rejecting any Order.

Availability of Goods

  1. If any Goods on the Website or our Device Applications are unavailable and we are not able to fulfil all or part of an Order, we will use reasonable endeavours to contact you promptly upon receipt of your Order to change your Order or Cancel. We will refund any amount paid in the latter. We are not liable with respect to any Loss you or any third party might suffer as a result of any delay in processing your refund.
  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.

Description of Goods

  1. You acknowledge and agree that:
    1. all pictures and images of Goods displayed on the Website or in other applications are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
    2. By engaging in any transaction involving the purchase of second-hand goods from our Website, you expressly acknowledge and agree to the inherent nature of such goods, which may exhibit reasonable wear and tear. Given the delicate character of second-hand items, it is understood that minor imperfections or signs of previous use may be present. As a purchaser, you accept these conditions and acknowledge that they are inherent to the nature of second-hand goods;
    3. You have read any corresponding written description of the Goods prior to submitting your Order;
    4. the colour of any Goods (or part thereof) as shown on the Website may vary slightly in shade in real life;
    5. where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order.
    6. You are also responsible to ensure that the Goods will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access or any applicable Laws or physical or other circumstances; and
    7. any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

Delivery

  1. Risk in relation to any Goods passes immediately upon delivery to the designated place of delivery.
  2. We engage third parties and Delivery Agents to deliver Goods to your specified address and authorise us to share any of your personal or other information with our Delivery Agents, to enable delivery to occur.
  3. You must be present to accept delivery or appoint a nominated representative over the age of 16 years to do so in your place. Proof of identity may be required (in our or our Delivery Agent’s discretion). Where delivery cannot occur, a calling card may be left for you to collect the Goods from our Delivery Agent’s depot (if any) or a local Australia Post branch office. Additional costs may be charged for any re-delivery. Neither we nor our Delivery Agents will be held liable for stolen Goods.
  4. Should you refuse to execute any receipt confirmation or delivery manifest upon being presented with same by our Delivery Agent, then this will be deemed as a non-delivery, whereupon the Order will be returned to us and all amounts paid in accordance with same shall, at our election, be liable to be forfeited to us or increased by the costs associated with re-delivery.
  5. Any times or timeframes for delivery are estimates only and are not binding on us or our Delivery Agents. Delivery estimates may be affected by unforeseen events and we are not liable for any Loss, damage or delays associated with effecting delivery, howsoever arising, nor as a result of the premises being unoccupied upon the Delivery Agent’s attendance at the nominated address.

Orders, cancellations and returns

  1. We do not accept returns of Goods, provide a refund, or exchange Goods if you change your mind.
  2. In the unlikely event of misrepresentation, returns will be considered, requiring customers to provide their order number and rationale along with any necessary photo documentation if requested. Customers must notify us directly within 48 hours of delivery.
  3. It does not constitute as a defect if in our reasonable opinion: Goods have become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
  4. All goods returned to us will be inspected upon their return and we reserve the right to refuse refunds where the goods have been misused, mishandled and damaged by you.
  5. If the Goods are found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to return them to you at your expense.
  6. You acknowledge and accept that certain swimwear and lingerie products offered on our website may be second-hand. While diligent efforts are made to professionally clean these items prior being listed for sale, you will exercise caution and understand the inherent second-hand nature of these products. You bear the responsibility of maintaining personal hygiene standards when purchasing and using second-hand swimwear and lingerie items. Despite undergoing professional cleaning procedures, it is advisable to launder these items prior to wearing them to ensure optimal cleanliness and hygiene.
  7. We do our best to package your product(s) so they will arrive to you in excellent condition.  Unfortunately, once the package leaves our warehouse, it goes through third party Delivery Agents and products may shift causing unintentional damage. Should you receive a product that has been damaged in transit, please contact us immediately for further instructions. Please do not discard the damaged product(s) and retain the original box and packaging as inspection is often required by the carriers.

 DISPUTES & CHARGEBACKS

  1. In the event of a dispute initiated by the customer regarding a transaction, we reserve the right to investigate the matter thoroughly. If we determine, in our sole discretion, that the dispute is fraudulent or lacks merit, we may take appropriate action, including but not limited to denying the dispute, seeking reimbursement for any costs incurred as a result of the dispute, and pursuing legal remedies available under Australian law. Customers engaging in fraudulent activity, including but not limited to filing unwarranted chargebacks, may be subject to immediate account suspension, termination of services, and legal action to recover any loss or damage. By using our services or making a purchase, the Customer agrees to cooperate fully with our investigation process and to provide any requested documentation or information. We disclaim all liability for losses or damages resulting from fraudulent disputes initiated by customers.

 INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). 
  2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
  3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 
  4. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law. 

 LINKED SITES AND OPTIONAL TOOLS

  1. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
  2. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 NO COMMERCIAL USE

  1. This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell, licence, rent or hire any Content, software, products or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

 UNACCEPTABLE ACTIVITY

  1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
  • any act that would constitute a breach of these Terms and Conditions or the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 
  1. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

 WARRANTIES AND DISCLAIMERS

  1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
  2. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any content, or any feature of this Website at any time without notice and we will not be responsible for any Loss, cost, damage or liability that may arise as a result.
  3. We expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement.
  4. We do not warrant that the Website, any Linked Site, any of our Device Applications or files available on the site or elsewhere will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by us will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk. 

E-VOUCHERS & GIFT CARDS

All gift cards, including e-gift cards, are subject to the following terms:

  1. Gift cards can be redeemed for merchandise only via our Website.
  2. We do not issue refunds for misplaced or stolen gift cards.
  3. Gift cards are valid for 3 years from the date of issue.
  4. Gift cards are not redeemable for cash.
  5. Gift Cards can be partially redeemed and any unused balance will remain on the gift card until expiry.
  6. Gift cards cannot be topped up or reloaded.
  7. Gift cards cannot be used to purchase other gift cards.
  8. If the Gift Card holder's order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the price of the goods or services.
  9. Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card or cancel the redemption of the Gift Card.
  10. We reserve the right to cancel any gift card for any reason and at any time. Where we cancel a gift card, we will provide you with a refund or replacement gift card, other than where cancellation occurred due to suspicions of fraud or illegal activity.

The following additional conditions apply to the purchase of e-gift cards:

  1. E-Gift cards will be delivered to the email address entered by you in the gift card 'Recipient Email' field, and will be delivered separately to the Confirmation Email.
  2. It is your responsibility to correctly enter the email address for receipt of the e-gift card. E-gift cards cannot be refunded or replaced where you enter the incorrect email address, or where you share or forward the e-gift card in error.

 LIABILITY AND INDEMNITY

      1. Our total aggregate liability for any Loss, however arising, shall not exceed the GST exclusive aggregate price paid by the Customer to us for the specific Goods that gave rise to the Loss in question. 
      2. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect Loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
      3. You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal or other fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference and in respect of your use of the Website, any Device Application or your violation of any law or the rights of a third-party.

 JURISDICTION AND GOVERNING LAW

Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and the Federal Courts of Australia.

 GENERAL

  1. If any of these Terms are found to be void, voidable or unenforceable, then that part of them shall be severed from, and will not affect or derogate from, the validity and enforceability of the remaining Terms.
  2. We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.