TheyAllHateUs (“we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms and Conditions and any other rules posted on our Sites (collectively, the “Terms”). Please read the Terms carefully before placing any orders on shop.theyallhateus.com. We recommend you should keep a copy of the Terms for future reference. TheyAllHateUs is a division of Sefton Consulting Pty Ltd, registered in Australia. Sefton Consulting’s ABN is 48089241305.
ELIGIBILITY TO PURCHASE
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. TheyAllHateUs offers products for sale that are in stock and available for dispatch from our distribution center. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and TheyAllHateUs will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Sydney, Australia and the language of the contract is English. We reserve the right not to accept your order in the event, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. You may cancel your order in full before the order is dispatched by TheyAllHateUs. TheyAllHateUs will refund you in full for the orders cancelled and will not charge you a cancellation fee. However, once the order is dispatched for delivery you are unable to cancel the order. TheyAllHateUs will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in AUD and are inclusive of GST at the applicable rate. All prices and offers remain valid as advertised from time to time. The AUD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the relevant shipping agent used by TheyAllHateUs at time of your order or the import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in AUD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Payment can be made by Visa, MasterCard, American Express, PayPal and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by TheyAllHateUs. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to TheyAllHateUs, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayPal, a secure online payment service. If you are a registered TheyAllHateUs user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, TheyAllHateUs uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
DELIVERY, SHIPPING AGENTS & SHIPPING COSTS
$30 (including GST) flat rate shipping. Tracking number is provided. Delivery time is 3-5 business days unless otherwise noted.
Please note delivery charges do not include import duties & taxes that may be due when the package reaches its country of destination.
$15 (including GST) flat rate shipping.
All Australian Orders are sent via Express Post. Delivery time is 1-2 business days unless otherwise noted.
When your order is dispatched you will receive a tracking number via e-mail that can be used to track your order with Australia Post.
Unless otherwise noted, all orders will be dispatched next business day.
Delivery times are to be used as a guide only and commence from the date of dispatch. TheyAllHateUs is not held responsible for any delays caused by customs clearance. TheyAllHateUs will use best efforts to meet the indicated delivery times. If delivery is attempted and nobody is available to accept the parcel, in most cases it should be held at your local postal or FedEx facility. Please contact your local postal service or FedEx for collection. If you are not contactable and your parcel is unable to be delivered, it will be returned to TheyAllHateUs and we will attempt to contact you to arrange alternate delivery.
LOSS OF GOODS
The risk of loss of goods shall be passed to you upon delivery of your product to TheyAllHateUs’ nominated shipping agent. For all deliveries you authorise for the goods to be left at your specified address and your order will have been deemed delivered as if it had been signed for. TheyAllHateUs will not be held responsible for any loss, damage or liability as a result of this authority.
RETURN (REFUNDS & EXCHANGES) POLICY
TheyAllHateUs will accept any returns that are requested within 15 days from confirmation of your order being shipped. Requests for returns (refunds or exchanges) after 15 days from confirmation of your order being shipped will not be considered. Items marked final sale cannot be returned. The item(s) must not be worn, altered or washed and be accompanied by all original tags in original packaging. Footwear should be tried on a carpeted surface before wear and if returned must be accompanied by the original box in its original condition, without Post labels. Swimwear should be tried on wearing undergarments and the protective hygiene strip must remain in place and will not be accepted if removed, altered or if there are signs of wear. Once a Return has been approved and received by TheyAllHateUs, the balance of the goods will be refunded to your Credit Card or PayPal Account within 5 business days of the item being received by TheyAllHateUs.
Return Approval must be requested from TheyAllHateUS within 15 days of the shipping confirmation being sent. All returns must be approved by us prior to the return. Please contact us here to request Return Approval. When returning goods please ensure that you enclose a copy your Tax Invoice and clearly mark on the outside of the package that it is a return. Returns should be shipped with a service providing a tracking number and insurance as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them. We are not responsible for delayed, lost or damaged packages. Any returns received without Return Approval or that do not comply with the above may be denied at the discretion of TheyAllHateUs. In case of dispute, we also recommend you retain proof of sending. Unidentified returns will not be returned to the sender.
RETURN SHIPPING FEES
Shipping fees are not refundable. This applies to the original shipping cost for your order as well as the return-shipping cost, and in the case of an exchange, the cost of the shipping for the new item to you. The cost of shipping for exchanges will be deducted from your credit card or requested from your PayPal account.
The address for returns items is:
PO Box 430
MANLY NSW 1655
This contract will be governed by the laws of New South Wales, Australia. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including TheyAllHateUs Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by TheyAllHateUs and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. TheyAllHateUs tries to ensure that the information on this site is accurate and complete. TheyAllHateUs does not promise that TheyAllHateUs Content is accurate or error-free. TheyAllHateUs does not promise that the functional aspects of the Site or TheyAllHateUs Content will be error free or that this Site, TheyAllHateUs Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of TheyAllHateUs and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site 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 any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than TheyAllHateUs, including advertisers. TheyAllHateUs has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In Australia these include:
· That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
· Certain remedies if a product is defective; and
· A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the Terms is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau. In Australia this is the Australian Competition and Consumer Commission.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in the Terms is intended to affect your rights under the law (see “Your Rights” above). If TheyAllHateUs breaches the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and TheyAllHateUs at the time of you placing your order, and TheyAllHateUs dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us, TheyAllHateUs harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and TheyAllHateUs as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of TheyAllHateUs, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
The Terms together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.
CHANGES TO TERMS & CONDITIONS
TheyAllHateUs reserves the right to change these Terms and Conditions of its service without informing you. The Terms and Conditions for existing orders shall be upheld by TheyAllHateUs. You should check our Website for any updated Terms and Conditions.