Terms of Purchase
TERMS OF PURCHASE
The Terms and Conditions of Purchase
The following Terms and Conditions regulate the business relationship between You (You or Your) and Trubador Pty Ltd (ACN 159 562 008) (Holos) for the purchase of goods through Holos’ website.
Any purchase of goods, acceptance of our quotation or payment of any invoices by You from Holos shall be regulated by the Terms and Conditions outlined in this Agreement.1. Definitions
In these Terms and Conditions:
Agreement means these Terms and Conditions.
Carrier means any person or business used by Holos to deliver goods from Holos to You, whether all or part of the distance of the delivery.
Goods means any goods offered for sale by Holos.
Website means this website or any other website through which Holos offers for sale the Goods.
Material means any informational material published by Holos in any medium from time to time (including on the Website) with a view to providing information to any customer or prospective customer of Holos.
2. Our contract with You
2.1 Holos will take orders for Goods placed by electronic transmission through the Website subject to the terms of this Agreement.
2.2 Before an order is placed Holos will display on the screen a quote confirming the details of Your order including the price of the Goods. Once You have placed an order, You will receive an email acknowledging the details of Your order. This email is not Holos' acceptance of Your order, but confirms that Holos has received Your order. All orders are subject to acceptance and availability of Goods.
2.3 Holos will notify You by email or phone if any Good is unavailable and offer an alternative item or a full refund. You may also be given the option of pre-ordering and purchasing Goods in advance if they are out of stock, or have not yet been shipped by our suppliers at the time Your order is placed. Pre-ordering will ensure that you receive the Goods in priority to other customers once the Goods have been delivered to Holos. Your rights regarding Goods purchased by pre-order are the same as those for any other purchase of Goods made with Holos. Alternatively, you may choose to register your email address for notification of arrival of the selected Goods. If Holos is unable to deliver pre-ordered Goods for any reason, Holos will notify You by email and offer a full refund.
2.4 Subject to clause 2.6, receipt of full payment of Your order by Holos is evidence of Holos’ acceptance of Your order, and a binding and enforceable agreement between You and Holos.This Agreement can only be modified by written agreement between You and Holos. Neither Holos’ third party payment processor nor its nominated Carrier has the authority to accept an order on behalf of Holos. Once Your order has been accepted by Holos, and the contract between You and Holos has been created, You will receive a second email containing a tracking number, confirming that Your order has been dispatched.
2.5 If applicable, any Goods ordered by You from Holos are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Holos will retain title of the Goods until it has received payment in full for the Goods.
2.6 While Holos makes every effort to ensure that the Material is accurate, Holos may discover clerical errors, including errors relating to the pricing of Goods. All clerical errors in Material, including pricing errors, are subject to correction and will not bind Holos. Holos is not obliged to accept or fulfil orders for Goods advertised at an incorrect price. 1796 will let You know as soon as possible if it discovers an error in the pricing of Goods which You have ordered, to inform You that Holos has not accepted Your order and that the relevant part of Your order has been cancelled. If You have already paid for the Goods, Holos will refund the full amount as soon as possible.
3. Price and Payment
3.1 The price of any and all Goods contained in any Material of Holos is subject to change from time to time at the sole discretion of Holos. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).
3.2 Full payment of an order must be made and received by Holos before the Goods will be delivered to You.
3.3 Holos agrees to pay banking charges by the receiving bank on payments to Holos. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.
3.4 You shall pay all sums due to Holos under this Agreement by the means specified without any set-off, deduction or counterclaim.
3.5 You represent and warrant that if You are purchasing something from Holos:
(i) any credit card information You supply is true, correct and complete;
(ii) You are the credit card holder or You have express authority from the card holder to use the credit card which is used to make the purchase;
(iii) charges incurred by You will be honored by Your credit card company; and
(iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.
3.6 All credit card transactions on the Website are processed using the eWAY Payment Gateway. All online credit card transactions performed on the Website using the eWAY Payment Gateway are secured payments. Payments are fully automated and performed under the 128 Bit SSL Certificate. All transaction data is encrypted for storage within eWAY’s data centre, and Your complete credit card number cannot be viewed by Holos or any third party. If You have any questions regarding our security policy, please contact Holos using the details in clause 16.
4. Information You give Holos
4.1 You agree that You have provided, and will continue to provide, accurate, up to date and complete information about You to Holos, to enable Holos to provide You with the Goods ordered.
4.2 Holos agrees to use reasonable endeavours to respond to You if You are dissatisfied in relation to any Goods purchased.
5.1 Deliveries will be made by the Carrier to the shipping address stipulated in Your order. Unless You have stipulated a shipping option that requires a signature upon delivery, You confirm that the Carrier can leave Goods purchased by You outside the premises at the shipping address provided by You without obtaining Your signature for proof of delivery. You hereby release and indemnify Holos from liability for loss or damage that may result from leaving the Goods purchased by You at Your shipping address without obtaining a signature.
5.2 We will deliver to most addresses within Australia and internationally. We aim to have Orders despatched within 24 hours of Holos’ acceptance of Your order. Once posted, a specific tracking number will be sent to Your email address. You will be able to track delivery of Your parcel at http://auspost.com.au/track/track.html.
Orders within Australia: Orders within Australia will be delivered via Australia Post. Please allow from the confirmation of dispatch approximately:
- 2-5 working days for delivery to a capital city in any State
- 5-10 working days for delivery to most large regional towns
- 7-14 working days for delivery to other remote locations.
- UK and Europe: 5-10 working days for delivery
- Hong Kong: 5-10 working days for delivery
- United States: 5-10 working days for delivery.
Estimates for other international destinations can be provided upon request.
Express delivery or delivery by courier is available on request. Please note that these delivery times are estimates only, and actual delivery times may vary. Estimated delivery times commence from the date of dispatch. Holos is not responsible for any delays caused by third parties, including customs clearance processes or by the Carrier.
5.3 If Holos is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Holos will notify You to arrange another date for delivery.
5.4 If the Goods ordered are not available to be delivered all at once, Holos may, at its discretion, deliver the Goods ordered in instalments. This will be indicated by multiple tracking numbers in the confirmation email You receive from Holos.
5.5 You must inspect the Goods once delivered, and ensure the Goods delivered match Your order. You must inform Holos as soon as possible if any there are any damaged or incorrect Goods, or if Goods are missing from Your order, using the contact details in clause 16.
6. Shipping and Handling Costs
6.1 Holos’ shipping and handling costs are as described on the website, under “delivery”.
6.2 Deliveries to destinations outside Australia are on a DDU (Delivery Duty Unpaid) basis, and may be subject to import duty and tax. You are solely liable for the payment of any such import duties or taxes. Holos recommends that You contact Your local customs authority to determine the import duty and tax which may be payable. You acknowledge that payment of these fees may be necessary to release Your order for delivery to You.
7. Cancellation of Order and Return of Goods
7.1 Nothing in this cancellation and returns policy limits, restricts, excludes or modifies any of Your statutory rights under the Australian Consumer Law.
7.2 Holos agrees to replace any Goods purchased from Holos that do not meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Holos promptly after becoming aware of any failure of the Goods to meet the consumer guarantees. Should this occur, Holos may request proof of any alleged fault and/or defect as a condition of issuing a refund.
7.3 Should You need to return or exchange any Goods in the event You have changed Your mind or made a wrong decision, please notify Holos within 30 days of receipt of the Goods, by emailing firstname.lastname@example.org Holos will then assist You to return or exchange the Goods. Holos will only accept returns or exchanges of Goods which are returned unworn and unwashed, and in saleable condition. Goods being returned or exchanged must have all Holos garment tags still attached, and be in their original packaging with all accessories (for example, garment bags and pouches). Holos will not accept returns or exchanges of damaged or soiled Goods.
7.4 To return or exchange any Goods, You must complete a return form, either online at www.holos.sydney, or by filling out the return form posted with your order, and send it with the Goods being returned or exchanged to:
120B Underwood Street
Paddington NSW 2021
The cost of return domestic shipping will be paid by Holos if you use the Parcel Point service as explained on the website under “returns”, otherwise the cost of return shipping is at Your expense, unless there is a failure to comply with the consumer guarantees under the Australian Consumer Law and, for example, the Goods delivered to You are faulty or do not fit the description of Your order. For International orders the cost of return shipping is at Your expense, unless there is a failure to comply with the consumer guarantees under the Australian Consumer Law and, for example, the Goods delivered to You are faulty or do not fit the description of Your order. We recommend using a tracked service to ship the package. Holos is not responsible for Goods that are lost during return shipment.
7.5 Once the Goods being returned have been delivered to Holos, we will email You to confirm that the Goods have been received. Holos will then process the return or exchange and issue a refund. If Goods are being returned, Holos will issue a refund to the credit card used for the original purchase. If Goods are being exchanged, Holos will deliver the replacement Goods in accordance with clause 5. The replacement Goods will be shipped upon availability. Shipping is free on replacement Goods, however, shipping to international destinations may incur additional import duty and taxes which You are responsible for paying.
8.1 Holos may at any time and without any advance notice to You make improvements or changes to its Material or to any of the Goods.
8.2 To the fullest extent permitted by law and subject to Your statutory rights, in no event will Holos be liable to You for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which You suffer or incur as a result of, or in connection with, any conduct or omission by Holos, or Your use of the Website, or the purchase of any Goods. Nothing in this Agreement limits, restricts, excludes or modifies any of Your statutory rights that cannot be limited, restricted, excluded or modified.9. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of law, that provision shall be enforced to the maximum extent possible, and will not affect the remainder of these Terms and Conditions, which shall remain in full force and effect.
10. No Waiver
The failure by Holos to insist upon or enforce strict performance of any part of these Terms and Conditions will not be construed as a waiver of any right or remedy of Holos in respect of any existing or subsequent breach of these Terms and Conditions .11. Dispute Resolution
In the event of a dispute arising out of or in connection with these Terms and Conditions or any contract between You and Holos, then You agree to attempt to settle the dispute by engaging in good faith with Holos in a process of mediation before commencing any arbitration or litigation.
12. Force majeure
Holos is not liable and is hereby released by You from any claim, liability or responsibility pursuant to these Terms and Conditions concerning any failure by Holos to perform any obligation under these Terms and Conditions where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Holos and no such failure shall entitle You to terminate this Agreement.
13. Entire agreement
These Terms and Conditions constitute the entire agreement between You and Holos for the purchase of the Goods, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.
Any variation to these Terms and Conditions shall be effective only if accepted in writing by Holos.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
16. Customer Service
You can contact Holos by sending an email to email@example.com, at any time, or by calling +612 8030 7096 between 9am and 5pm AEST Monday to Friday.