Website Terms and Conditions of Use
1.About the Website
1.1. Welcome to www.euroworkweardirect.com.au (the 'Website') that sells Snickers Workwear and accessories (the ‘Services’).
1.2. The Website is operated by Viking Floors and Walls Pty. Ltd. (ABN 35 100 756 616) under the trading name Euro Workwear Direct (the ‘Company’). Access to and use of the Website, or any of its associated Services, is provided by the Company. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, you confirm that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion and without notice. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Company in the user interface.
- Registration to use the Services
3.1. In order to use the Services on the Website, you may be required to provide personal information about yourself, which may include but may not be limited to:
3.1.1. full name;
3.1.2. billing address;
3.1.3. mailing address;
3.1.4. email address;
3.1.5. phone number; and
3.1.6. payment information.
3.2. If you choose to create an account, you will become a registered member of the Website ('Member') and agree to be bound by the Terms in all of your interactions with the Website.
3.3. You warrant that any information you give to the Company in the course of completing the registration process will be accurate, correct and up to date. You must check that all your personal information is correct prior to completing online order. The Company accepts no responsibility for shipments made using incorrect information.
3.4. You may not use the Services and may not accept the Terms if:
3.4.1. you are not of legal age to form a binding contract with the Company; or
3.4.2. you are a person barred from completing the online transaction or using the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Website.
4.Your responsibility
4.1. As a Member,
4.1.1. you will use the Services only for purposes that are permitted by:
4.1.1.1. the Terms; and
4.1.1.2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
4.1.2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
4.1.3. you will not permit any other person to use your registrations information. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
4.1.4. you acknowledge and agree that the use of the Website for the purpose of purchasing the Services is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the Company providing the Services;
4.1.5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Company;
4.1.6. you will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Website;
4.1.7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website; and
4.1.8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Payment
5.1. Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:
5.1.1. Credit Card Payment using Shopify Payments powered by Stripe ('Shopify Payments');
5.1.2. PayPal Australia Pty. Ltd. ('PayPal'); or
5.1.3. Afterpay Touch Group (‘Afterpay’).
5.2. All payments made in the course of your use of the Services are made using Shopify Payments and/or PayPal and/or Afterpay. When making payments, you warrant that you have read, understood and agreed to be bound by the Shopify Payments, PayPal and/or Afterpay terms and conditions which are available on their websites.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.4. You agree and acknowledge that the Company can vary the Services Fee at any time.
- Refund and Return Policy
6.1. Return
6.1.1. This return policy is valid for 30 calendar days from the date of purchase. A returned item must be shipped within 30 calendar days from the date of purchase. Items shipped 31 or more calendar days after the date of purchase will not be accepted. It is the Customer's responsibility to track the return parcel because lost items cannot be processed.
6.1.2. The Company does not accept returns because of change of mind. To be eligible for a return, the item must be unused, undamaged, with the original tags attached, and in the original packaging.
6.1.3. Items cannot be returned to the manufacturer.
6.1.4. Customers must contact the Company at info@euroworkweardirect.com.au prior to mailing their items to confirm that the return will be accepted. Customers should not ship items until they have received a confirmation that the item will be accepted as a return. If there is a delay on the Company's part in responding to a query, the Company will add a grace period equal to the delay to the 30-day validity period of the return policy.
6.1.5. Store credit will be issued for the accepted returned items. Store credit vouchers expire 12 months since the date of their issue.
6.2. Exchange
6.2.1. Subject to availability, the Company will exchange the item for the same item if a Customer purchased the wrong size or colour.
6.2.2. Defective items are eligible for an exchange, store credit or refund. Customers must contact the Company in writing via info@euroworkweardirect.com.au, and provide photos of damage to confirm that the item will be accepted as defective.
6.3. Refund
6.3.1. Refunds are issued only for damaged items, returned within 30 days from the date of purchase.
6.3.2. Once a return is received and inspected, the Company will send an email notifying the Customer of the receipt of the returned item and the decision regarding a refund. If a refund is approved, it will be processed via the original method of payment.
6.3.3. If the Customer has not received a refund within 30 days, the Company requests that the Customer contacts their credit card company or bank, depending on the type of payment used to purchase a returned item, to check if the refund is being processed. If the Customer is not able to locate the refund, they should contact the Company at info@euroworkweardirect.com.au.
6.3.4. To return your product, mail your product with tracking to:
Euro Workwear Direct
PO Box 173
Torquay
Victoria 3228
Australia
- Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of the Company are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by the Company or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company or its contributors, who grant you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:
7.2.1. use the Website pursuant to the Terms;
7.2.2. copy and store the Website and the material contained in the Website in your device's cache memory; and
7.2.3. print pages from the Website for your own personal and non-commercial use.
7.3. The Company does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Company.
7.4. The Company retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
7.4.1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
7.4.2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
7.4.3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.5. You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- Privacy
8.1. The Company takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to the Company’s Privacy Policy, which is available on the Website.
- General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
9.2.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
9.2.2. the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
9.3.1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct or theft, destruction, alteration or unauthorised access to records;
9.3.2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
9.3.3. costs incurred as a result of you using the Website, the Services or any of the products of the Company; and
9.3.4. the Services or operation in respect to links which are provided for your convenience.
- Limitation of liability
10.1. The Company's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by the Company as set out below.
11.2. If you want to terminate the Terms, you may do so immediately by closing your accounts for all of the services which you use, where the Company has made this option available to you.
11.3. The Company may at any time, terminate the Terms with you if:
11.3.1. you have breached any provision of the Terms or intend to breach any provision;
11.3.2. the Company is required to do so by law;
11.3.3. the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable.
11.4. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Company's name or reputation or violates the rights of those of another party.
- Indemnity
12.1. You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
12.1.1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content (including but not limited to Personal Information as outlined in the Privacy Policy);
12.1.2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
12.1.3. any breach of the Terms.
- Dispute Resolution
13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice
13.2.1. A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice ('Notice') to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution
13.3.1. On receipt of that Notice by that other party, the parties to the Terms ('Parties') must:
13.3.2. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
13.3.3. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
13.3.4. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
13.3.5. The mediation will be held in Melbourne, Victoria, Australia.
13.4. Confidential
13.4.1. All communications concerning negotiations made by the Parties arising out of and in connection with this Dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation
13.5.1. If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13.6. Venue and Jurisdiction
13.6.1. The Services offered by the Company are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- Governing Law
14.1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
15.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- Severance
16.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.