Website Terms of Sale

Definitions

1. "ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;

2. "Contract" means any contract for the provision of goods and services by Out of the Closet to You;

3. "consumer" is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;

4. "goods" means goods supplied by Out of the Closet to You;

5. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

6. "services" means services supplied by Out of the Closet to You;

7. "Site" means the website www.otcvintageandretroclothing.com.au;

8. “Out of the Closet” means Tarade Pty Ltd (ABN: 82074499586) trading as Out of the Closet;

9. "Terms" means these Terms and Conditions of Sale;

10. "You" means the person, jointly and severally if more than one, acquiring goods or services from Out of the Closet.
    
    

Basis of Contract and Ordering

11. These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.

12. Any quotation, displayed price, order list or order confirmation provided by Out of the Closet to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is Your offer to enter into a Contract with Out of the Closet on these Terms.

13. A Contract is formed when Out of the Closet confirms its acceptance of Your order and receives Your payment.

14. Out of the Closet, in its absolute discretion, may refuse to accept any order from You.

15. Out of the Closet may vary or amend these Terms by written notice to You at any time. Any variations or amendments will apply to orders made by You after the notice date.

16. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) is expressly excluded from these Terms.
    
    

Pricing and Payment

17. Prices displayed for the supply of goods and services include GST, and any other taxes or duties imposed on or in relation to the goods and services.

18. Payment for the goods and services must be made strictly by credit card or PayPal through the Site immediately upon confirmation of Your order. Goods will not be dispatched and services will not be provided until full payment has been confirmed.

19. You will indemnify Out of the Closet if Your banking institution reverses Your payment after the Goods have been delivered to You.

20. Goods and services displayed on the Site are subject to availability. If any goods or services are not available, Out of the Closet will inform You within 7 days. In the case of non-availability of goods or services:

    1. You may request the provision of substitute or similar goods or services; or

    2. You may cancel Your order; and

    3. Out of the Closet will make the appropriate adjustment to, or refund of, the purchase price.
       
       

Risk and Insurance

21. The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Out of the Closet's warehouse.

22. You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by Out of the Closet, unless recoverable from Out of the Closet on the failure of any statutory guarantee under the ACL.
    
    

Delivery

23. You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of dispatch of the goods to the point of delivery.

24. Delivery of goods will occur within an estimated 5 working days of receiving the goods from Out of the Closet's manufacturer. Any period or date for delivery of goods or provision of services stated by Out of the Closet is an estimate only and not a contractual commitment.

25. Out of the Closet will use its reasonable endeavors to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.

26. If Out of the Closet cannot complete the services by any estimated date, it will complete the services within a reasonable time.

27. You are responsible for nominating the correct delivery address. If a person is not present to receive the goods, the goods will be left at the nominated address. A postage receipt, courier docket or drivers manifest directing delivery to the address nominated by You will be proof of delivery of the goods.

28. You may be required to provide photo identification at the time of delivery of the goods.

29. You indemnify Out of the Closet against any loss or damage suffered by Out of the Closet as a result of delivery, except where You are a consumer and Out of the Closet has not used due care and skill.

30. You must advise Out of the Closet in writing within 72 hours of delivery:

    1. of the non arrival of any or all of the goods;

    2. if there is damage to the goods;

    3. that the wrong goods have been received; or

    4. that the quantity of the goods is incorrect.
       
       

Liability

31. Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

32. If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Out of the Closet for failure of a statutory guarantee under the ACL.

33. If You on-supply the goods to a consumer payment of any amount required under section 274 of the ACL is the absolute limit of Out of the Closet’s liability to You howsoever arising under or in connection with the sale use of, storage or any other dealings with the goods by You or any third party.

34. Out of the Closet is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.

35. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.
    
    

Cancellation

36. If Out of the Closet is unable to deliver or provide the goods or services, then it may cancel Your order (even if it has been accepted) by notice to You.

37. No purported cancellation or suspension of an order or any part of it by You is binding on Out of the Closet once the order has been accepted and payment confirmed.
    
    

Returns / Exchanges

38. Unless a fault is established in the goods, Out of the Closet will only exchange the goods if the goods are returned within 7 days of receiving the goods in its original condition including unopened and unmarked packaging, and accompanied by proof of purchase in the form of an original tax invoice/receipt and/or packing slip, and:

    1. Any exchange is subject to availability.

    2. The goods will only be exchanged once the goods are received by Out of the Closet.

    3. Any goods returned to Out of the Closet are at Your own cost and risk.

    4. Delivery and handling charges on returns are not refundable.

    5. If the goods are exchanged for another product which is more expensive, the price difference plus the delivery cost will be borne by You.

    6. If the goods are exchanged for a product which is of lesser cost, we will refund to You the difference.
       
       

Force Majeure

39. Out of the Closet is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs Out of the Closet may suspend or terminate the Contract by giving You written notice.
    
    

Miscellaneous

40. The law of Victoria from time to time governs Your Contract with Out of the Closet.

41. Out of the Closet's failure to enforce any of these Terms shall not be construed as a waiver of any of Out of the Closet's rights.

42. If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.

43. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

44. Out of the Closet is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. For further information, see Out of the Closet's Privacy Policy.