TERMS OF USE [Website]

In General

Seaborne Clothing owns and operate this Website. This document governs your relationship with Seaborne Clothing. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Seaborne Clothing or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Seaborne Clothing and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Payment

Upon receiving your order your payment card will be processed for the order amount by our payment gateway. By placing an order, you warrant that you have the right to use the payment card you supplied.

Website Security

The seaborne.com.au website is protected by an SSL certificate for your security. To check the validity of this certificate you can click on the padlock symbol to the left of the web address in your browser.

All card information is captured on a Hosted Payment Page and stored in a PCI-DSS compliant environment. No card information is stored by Seaborne Clothing.

Seaborne Clothing will only capture such personal details as necessary to complete your order and will not share this information with any other party except as required by law.

Shipping

We offer different methods of order fulfillment and shipping to suit our customers requirements. Delivery and Collection options are clearly shown in the checkout page at time of purchase.

  1. When customers order online and choose to collect from the school uniform shop, the order will be available for collection the next day that the uniform shop is open for business. There is no charge to collect an order from the uniform shop.
  2. Some schools allow us to deliver purchases to the student’s class room. If this is available the option will be displayed in the checkout page at time of purchase and the order will be delivered the next day that the uniform shop is open for business. There is no charge for this service however risk in goods passes to the customer on dispatch to the classroom mail box.
  3. Where home delivery is chosen we use either Australia Post or a courier service. The delivery charge for this option is calculated specifically for each order and is based on the size & weight of items ordered as well as delivery location. The cost of delivery will be clearly displayed in the checkout page at time or purchase. These orders will be processed within 5 business days (excluding school holidays)

 Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Seaborne Clothing and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Seaborne Clothing’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright:
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Seaborne Clothing and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Seaborne Clothing

Indemnity

You agree to indemnify, defend and hold harmless Seaborne Clothing, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Seaborne Clothing shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waive

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service & Terms & Conditions below constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Seaborne Clothing. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Seaborne Clothing.

 

TERMS & CONDITION OF SALE [Retail Sales]

  1. All Prices are in Australian Dollars and include GST.
  2. The Seller is Seaborne Clothing.
  3. By placing an order you are offering to purchase a product on and subject to these terms and conditions of (retail) sale.
  4. All orders and items therein are subject to availability, acceptance and confirmation of the order price.
  5. Dispatch times may vary according to stock availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
  6. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and does not in itself constitute acceptance of your order.
  7. A contract between us will not be formed until payment is made.
  8. We will send you confirmation e-mail notifying you that goods which you ordered have been prepared for collection or dispatched according to the instructions you provided in the online shopping cart. 
  9. Only the goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
  10. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. 
  11. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel in these circumstances and you have already paid for the goods, you will receive a full refund.
  12. Any delivery costs are charged in addition to the goods purchased; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
  13. Goods which have been paid for become property of the purchaser.
  14. All risk passes to the purchaser at the time of instore collection or at the time of being dispatched according to the customer's instruction (eg: by post, for classroom delivery, left at the school office).
  15. Any goods issued in error or without payment being made remain the property of Seaborne Clothing.
  16. Any payment made to Seaborne Clothing can only be refunded with the express written consent of Seaborne Clothing.
  17. In the event refunds or chargebacks are sought through third parties such as banks or credit agencies the initiating customer will be refused further service.
  18. Seaborne Clothing reserve the right to refuse further service in the event of returns-fraud, chargeback-fraud or other frauds, deceptions or dishonest acts, threats, abuse or other inappropriate customer conduct.
  19. Photo identification must be provided on request for instore collection of paid online orders.
  20. Seaborne Clothing do not warrant that goods sold in our Uniform Shops or through this website are fit for any application other than the intended normal use or purpose.
  21. The intended 'normal use' of goods sold in our uniform shops or through this website is taken to be and limited to:  a) Wear, use or ordinary handling in the manner a reasonable person would be expected to reasonably wear, use or handle that particular item under normal circumstances and b) laundering/cleaning according the care instructions
  22. The 'normal purpose' of a uniform is taken to be and expressly limited to: n. an identifying outfit or style of dress
  23. The 'normal purpose' of clothing is taken to be and expressly limited to: n. coverings for the body; articles of dress or adornment.
  24. Based on our assessment of the age and/or condition and/or treatment of goods returned to us for inspection Seaborne Clothing reserve the right to offer or refuse a remedy or repair in accordance with the terms & conditions of sale, our Voluntary Returns Policy (Retail Sales) and the provisions of the Australian Consumer Law
  25. In the event Seaborne Clothing’s authorisation to supply uniforms to the client-school concludes the final date for any exchange, return, redemption of store credit or gift code value issued under this store’s terms & conditions and voluntary returns policy will be the trading day prior to the conclusion date.

RETURNS & WARRANTY [Retail Sales]

Under the Australian Consumer Guarantee, all goods sold in Australia are covered by inherent consumer warranties. The Australian Consumer Guarantee also recognises the way that goods are used, worn, handled or cared for by the customer after purchase affects the durability and appearance of those goods and how well they last.  Under a statutory claim the age, general condition and price paid for goods may affect any remedy which might otherwise apply. Please be aware that the number of uniform items in circulation and the frequency of wash & wear will also inform how long an item lasts.  Claims related to accidental, incidental or other damage including general wear & tear caused by the user are not covered by the ACG.  Australian retailers are not obliged to offer returns or refunds in the event a customer changes their mind about a purchase or the customer’s circumstances change. Where a store voluntary returns policy provides opportunity for return/exchange beyond the provisions of the ACG, a customer must meet all of the stated conditions for return and the terms & conditions that apply to the offer. 

 

RETURNS POLICY

PART 1: STORE VOLUNTARY RETURNS POLICY (VR)

  1. Our voluntary returns policy is offered in addition to your statutory rights and forms part of the Terms & Conditions of Sale.
  2. If you are unable to meet the any of the requirements for return set out in this voluntary policy we will not be able to assist you with a return.
  3. To access any of the benefits conferred by our voluntary returns policy you must present a valid itemised purchase receipt for the item/s you are returning, complete a return request form and submit these together with your item/s for return to our uniform shop staff.  
  4. We offer a generous 90 day size exchange or return for store credit however we do not issue refunds or cancel paid orders if you change your mind, including if you:
    • change your mind about a purchase, an item or the number of items purchased
    • later receive or purchase items second hand or acquire them from another source
    • purchased an incorrect item, or:
    • if your circumstances have changed.
    • Store credit and gift codes are redeemable for goods only and limited by our Terms & Conditions. Store Credit and gift codes/gift vouchers are non refundable and cannot be redeemed for cash.
  5. Only items in original condition are permitted to be exchanged under this voluntary policy.  Items must be new, unmarked, unworn, unwashed, unaltered, unlabelled and free from: fragrances (including laundry detergents, body sprays, draw-liners etc), odours, cigarette smoke, pet hair, dirt or dust. Items must be returned in any original packaging with any tags intact. Open packets of Socks/Hosiery and Hats with tags removed are ineligible for return for health reasons.
  6. Returns period is 90 days from the purchase date. Extended returns period applies to Term 4 purchases and is valid until Thursday of Week 2 in Term 1 the following year/ or 90 days from purchase, whichever is longest.
  7. Items which are no longer in original condition or new items kept by the customer after the returns period has expired are not eligible for return under this voluntary policy

PART 2: STORE STATUTORY RETURNS POLICY (SR)

  1. To make a claim under the Australian Consumer Guarantee (ACG) you must be able to show proof of purchase or provide sufficient details about the purchase to enable us to verify that you purchased the item from Seaborne Clothing.
  2. Goods the subject of claims under the ACG must first be returned to the issuing uniform shop for inspection. Photographs or emails will not suffice. Please complete the returns form in-store and provide your name, address and best contact (phone number or email address) with your item for inspection, along with proof of purchase. We request that garments items are laundered prior to return where possible.
  3. Items which are new, unworn & in original condition which we deem were faulty on arrival will be replaced (same size/style/colour) provided a claim is presented within 30 days.
  4. If a manufacturing fault or quality issue is reported after items have been labelled, marked, used/worn, washed or after the goods have been kept by the customer for longer than 30 days, we have the right to:
    1. inspect the item (or return it to factory or manufacturer to inspect) to determine the nature of the fault claimed: photographs/email/verbal accounts will not suffice.
    2. decide whether or not a remedy is due or the nature of any remedy offered based on inspection of the item and taking into consideration the item’s age, intended use, overall care & condition, purchase price and other relevant factors.

PART 3: EXCLUSIONS

  1. The benefits conferred under our voluntary returns policy and statutory returns policy do not apply where we determine:
  1.  (VR & SR) An item was not purchased directly from Seaborne Clothing or by the person making the claim (e.g. acquired second-hand or from another source).
  2. (VR) Items are no longer in original condition or items have been kept by the customer after the returns period has expired.
  3.  (SR) The condition of a used item generally or a claimed fault is indicative of accidental/incidental or deliberate damage, mistreatment or misuse or mishandling (including but not limited to extra-ordinary wear and tear and not laundering as per care label).
  4. (SR) The condition of a used item generally or a claimed fault is indicative of normal wear, tear or deterioration for items of a certain age/ exposed to a certain frequency of use or wash and wear cycles.
  5. (VR & SR) The condition of an item is indicative of the item being older than indicated by an accompanying receipt.
  6. (VR & SR) The claim relates to items purchased at a discount with a fault or potential fault which the purchaser was alerted to at the time of purchase. 
  7. (VR & SR) An item that has been altered or (other than under this policy) mended or repaired, or;
  8. (VR & SR) If the customer does not provide proof of purchase
  9. (VR & SR) If the customer is unable to return the item to store or (VR) is unwilling to leave the item with staff for assessment off-site.
  10. (VR & SR) If any other exclusion listed in our Terms & Conditions applies.

To avoid refusal of a claim and the possibility of a negative customer experience, please assess items thoroughly prior to return to avoid presenting claims which are excluded under the ACG or our statutory returns policy or items which don’t comply with our voluntary returns policy. Under a statutory claim the age, general condition and price paid for goods may affect any remedy which might otherwise apply. Please be aware that the number of uniform items in circulation and the frequency of wash & wear will also inform how long an item lasts.