Terms & Conditions

In these terms and conditions, "we", "us" and "our" means Ozywear Apparel (ABN 40 525 799 117) of Po Box 478, Chester Hill NSW 2162. Please read these terms and conditions carefully as they apply to your use of the www.ozywear.com.au website (the "Website").

By using or accessing this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

1. Governing Law

Ozywear Apparel controls and operates this Website from its offices within Australia. These Terms of Use are governed by the laws of the State of New South Wales. You and Ozywear Apparel agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

2. Revisions to Terms of Use

Ozywear Apparel may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use 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 Terms of Use.

3. Site contents, 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 Ozywear Apparel and it's related companies, affiliates, licensors and licensees.

4. Information from and Advertising and 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 Ozywear Apparel and Ozywear Apparel is not responsible for the contents of any such information or website. Ozywear Apparel 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 Ozywear Apparel. 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 Ozywear Apparel; or

b. Using this site as a shopping resource, provided that you do not modify the site and that Ozywear Apparel 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 Terms of Use.

6. Prohibited conduct

You are not authorised, without the prior written permission of Ozywear Apparel 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 Ozywear Apparel may be used without our prior, specific, written permission or that of the trademark owner.

7. We can use your feedback

You grant Ozywear Apparel an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Ozywear Apparel 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.

User Conduct & Indemnity

8. General prohibitions

You must not upload, post, transmit or otherwise make available through this site any material which:

1. violates or infringes the rights of others (including their privacy and intellectual property rights);

2. 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;

3. encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;

4. affects the functionality or operation of the site or its 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

5. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Ozywear Apparel to take remedial action under any applicable industry code.

9. Indemnity

You agree to indemnify and will keep Ozywear Apparel indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Ozywear Apparel in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

Buying products from our website

Products may vary between the Ozywear Apparel store and those found on the Ozywear Apparel website.

10. Legal Capacity to Transact

If you are under the age eighteen (18) years you can not place orders with Ozywear Apparel. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.

Should Ozywear Apparel suffer any damage or other losses as a result of a transaction entered into by a minor, Ozywear Apparel reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Ozywear Apparel.

11. 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. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Ozywear Apparel 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, Ozywear Apparel 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. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

12. About our prices

Ozywear Apparel always seeks to list Products with the most competitive prices.

All prices are in AUD and are inclusive of GST. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.

13. Delivery

If you are unsure of these delivery terms and conditions, or are seeking more information in regards to our delivery service, please email us at info@ozywear.com.au prior to purchasing.

This website is linked to the Australia Post website. Delivery costs are based on item size / weight. Where possible the item may fit in a prepaid satchel this option will become available to you during checkout.

We use Australia Post as our main carrier and various couriers to deliver our products to you.

We will endeavour to ensure all orders are processed in a timely manner upon the product being available. Please allow 1-2 weeks for product delivery. Please contact us to advise us of any urgent delivery requirements and we will do our level best to meet them.

We reserve the right to terminate any orders and refund all monies in total.

14. Returns

Product warranties are governed by the respective manufacturers and / or suppliers warranty terms and conditions for all other brands. We will not be liable to you or any third party for any loss suffered due to product failure. We will process product warranty claims through the respective manufacturers and/or suppliers.

Damaged / Faulty Goods

If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 24 hours of receiving the goods. We will organise for the return of the goods and arrange a credit towards your next purchase or send a replacement product. Customer will incur the cost of return postage and be credited the purchase price only. We recommend that you return your unwanted items using registered post or trackable courier. We can not be held responsible if returned items are lost in transit.

Warranties

Product warranties are governed by the respective manufacturers and / or suppliers warranty terms and conditions (available on request). We will not be liable to you or any third party for any loss suffered due to product failure. We will process product warranty claims through the respective manufacturers and/or suppliers.

15. Title and risk

Title to the goods purchased on this site does not pass from Ozywear Apparel to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

16. Disclaimer of warranty

Ozywear Apparel is providing this site and its contents on an 'as is' basis and use of this site is at your own risk. Ozywear Apparel and its 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.

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 Trade Practices Act 1974 or Competition and Consumer Act 2010(Australian Consumer Law).

18. Termination

Your ability to purchase goods from this site may be terminated by Ozywear Apparel at any time without notice. All restrictions, licences granted by you and limitations of Ozywear Apparels' liability will survive termination.