In these terms and conditions, “we”, “us” and “our” means Ozywear ( ABN: 84 621 600 164 ) 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”).
1. Governing Law
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 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 and Ozywear is not responsible for the contents of any such information or website. Ozywear 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. 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 ; or
b. Using this site as a shopping resource, provided that you do not modify the site and that Ozywear retain all copyright and other proprietary notices contained in the Contents.
6. Prohibited conduct
You are not authorised, without the prior written permission of Ozywear 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 may be used without our prior, specific, written permission or that of the trademark owner.
7. We can use your feedback
You grant Ozywear an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Ozywear 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 to take remedial action under any applicable industry code.
Buying products from our website
Products may vary between the Ozyweara store and those found on the Ozywear website.
10. Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with Ozywear . 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 suffer any damage or other losses as a result of a transaction entered into by a minor, Ozywear 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.
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 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 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.
12. About our prices
Ozywear 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.
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 email@example.com prior to purchasing.
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. Estimated dispatch within 24-48 hours and Estimated Delivery 2-8 days ***Please note there may be delays due to covid***
We reserve the right to terminate any orders and refund all monies in total.
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.
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 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 is providing this site and its contents on an ‘as is’ basis and use of this site is at your own risk. Ozywear 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).
Your ability to purchase goods from this site may be terminated by Ozywear at any time without notice. All restrictions, licences granted by you and limitations of Ozywear liability will survive termination.