Terms of Trade
1. Purpose & Application
1.1. These Terms apply to all current and future Orders between Stomp Apparel and the Customer.
1.2. If more than one Person is the Customer those Persons contract jointly and severally for themselves and each other.
1.3. Where the Customer as trustee of a trust incurs liability for the Goods the Customer will incur that liability personally as well as in its capacity as trustee.
2. Governing Law & Australian Consumer Law
2.1. These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
2.2. Nothing in these Terms is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law.
2.3. If any provision of these Terms is invalid under the ACL or any other Law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect at all, then it is to be severed from these Terms and the remainder of these Terms will continue to have full force and effect.
3.1. Prices are inclusive of GST and exclusive of delivery.
3.2. Subject to clause 3.1, Prices are exclusive of all other charges, including taxes or duties which may be imposed on the Goods at the delivery destination, except to the extent that they are expressly included in the Price.
3.3. If a Customer requires delivery to an address anywhere in Australia or New Zealand by Express Postage or further countries by Registered Postage, provided the total price of goods exceeds the Nominated Price, delivery is free.
3.4. Stomp Apparel may increase the Price by an amount equal to any increase in:
3.4.1. taxes, duties & excises; or
3.4.2. any other costs beyond the control of Stomp Apparel.
3.5. If the Customer does not accept an increase in the Price arising under clause 3.4, the Customer may cancel the Order in accordance with clause 7.
3.6. Stomp Apparel reserves the right to alter the Price on the Website without notice to the Customer, and such altered Price will apply to all future Orders placed by the Customer, but not to any Orders the Customer submitted prior to the alteration.
3.7. There is no right of set-off in respect of any claims against Stomp Apparel.
4.1. If the Customer purchases the Goods in Person, the Customer will pay for the Goods in accordance with any of the methods available at the Stomp Apparel Outlet.
4.2. If the Customer purchases the Goods on the Website, the Customer will pay for the Goods in accordance with any of the methods specified on the Website.
4.3. By paying by credit card, the Customer authorises Stomp Apparel to debit their nominated card an amount equivalent to the Price, including delivery.
4.4. The Customer acknowledges & agrees that a payment in respect of an Order will be cleared by Stomp Apparel before the Goods are dispatched. If payment cannot be processed, the Customer's Order will be rejected.
4.5. Once payment has been cleared, Stomp Apparel will send an email to the Customer outlining the Order and the delivery details.
5.1. Stomp Apparel may, from time to time, offer promotional discounts & special offers by providing Customers with a Promotional Code.
5.2. A Customer may redeem a discount or offer by entering the Promotional Code in the 'add coupon' section of the Website shopping cart. The promotion or discount will then be deducted from the Price of the Goods.
5.3. A Promotional Code is valid for one use, unless otherwise specified, & must be used prior to its expiry date.
5.4. The Customer acknowledges and accepts that the Promotional Code must be entered at the time an Order is placed and Stomp Apparel will not apply a Promotional Code to an Order after it has been placed.
6.1. The Customer agrees to their details being disclosed to the third party couriers for the purpose of delivery of the Goods.
6.2. Stomp Apparel will organise delivery of the Goods through Australia Post or its affiliates where practicable.
6.3. Stomp Apparel will provide the Customer with a tracking number where possible to allow the Customer to track the status of delivery of the Goods.
6.4. The Customer acknowledges and agrees that if the Goods are to be delivered outside Australia, Stomp Apparel will identify the Goods as “Dutiable Merchandise” even if the Customer has placed the Order with the intention of providing the Goods to a gift recipient. The Customer agrees that the Customer is responsible for any costs arising from the identification of the Goods as “Dutiable Merchandise”.
6.5. Any time quoted for delivery is an estimate only and cannot and is not guaranteed.
6.6. The Customer acknowledges and accepts that the Supplier will use reasonable endeavours to dispatch Goods:
6.6.1. ordered during business hours in Australia, within 24 hours of the Order placement;
6.6.2. ordered on a weekend or public holiday in Australia, within 24 hours of the next Business Day,
but is under no obligation to guarantee that these timeframes will be met.
7. Cancellation & Refunds
7.1. Subject to clause 7.3, if a Customer cancels an Order prior to dispatch by Stomp Apparel, the Customer is entitled to a refund of the Price paid less any reasonable out of pocket expenses Stomp Apparel incurs as a result of the cancellation.
7.2. If a Customer cancels an Order after the Goods have been dispatched, Stomp Apparel, in its sole discretion, may refuse to provide a refund of the Price paid unless required to do so pursuant to the ACL or any other Law.
7.3. Stomp Apparel may, without penalty, cancel an Order if it believes it will be unable to supply within a reasonable time or at all due to a Force Majeure Event, provided that the Customer is refunded the Price paid.
8.1. The Website indicates whether the Goods are currently stocked by Stomp Apparel.
8.2. If the Goods are shown as stocked by Stomp Apparel at the time of the Customer's Order but become unavailable prior to dispatch, Stomp Apparel will contact the Customer and offer, at the Customer’s choice:
8.2.1. substitute goods that are substantially similar and of equal or greater value to the Goods ordered; or
8.2.2. a full refund of the Price paid.
9. risk and title to the goods
9.1. Risk of Loss and damage to the Goods passes to the Customer upon the Goods leaving Stomp Apparel’s Premises whether or not Stomp Apparel arranges delivery.
9.2. Ownership of and title to the Goods remains with Stomp Apparel until the Customer has paid Stomp Apparel the Price in full.
9.3. If the Customer supplies the Goods to any Person before ownership of and title to the Goods passes to it, whether or not with Stomp Apparel’s consent, the Customer holds the proceeds of the resupply of the Goods on trust for Stomp Apparel and will pay the proceeds of sale to Stomp Apparel upon receipt.
Unless such liability cannot be excluded by virtue of the ACL or any other Law, Stomp Apparel will not be liable in any circumstances for any Loss (including Consequential Loss) or damage:
10.1. to any property or Person whatsoever arising from the supply, or delay in supply, of the Goods; or
10.2. to any Person as a result of export laws or regulations in any country;
10.3. to any Person arising from the failure to supply as a result of:
10.3.1. the Customer providing an incorrect delivery address; or
10.3.2. the Goods being left at a delivery address that is unattended at the time of delivery where the Customer has authorised delivery in such circumstances.
11.1. Stomp Apparel warrants that the Goods comply with the warranties included in any Additional Warranty Document and any guarantees that apply compulsorily under the ACL.
11.2. To the extent permitted by Law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms or any Additional Warranty Document are expressly excluded.
11.3. If the Customer is a Consumer and any Goods supplied by Stomp Apparel are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that Stomp Apparel’s liability for a failure to comply with a consumer guarantee under the ACL in relation to those Goods (other than a guarantee under sections 51, 52 and 53 of the ACL) is limited, at the option of Stomp Apparel, to one or more of the following:
11.3.1. the replacement of the Goods or the supply of equivalent goods;
11.3.2. the repair of the Goods;
11.3.3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
11.3.4. the payment of the cost of having the Goods repaired.
11.4. If the Customer is not a Consumer, to the extent permitted by Law, Stomp Apparel will not be liable in any circumstances for any:
11.4.1. Loss or damage to any property or Person whatsoever resulting from the provision of the Goods;
11.4.2. Loss arising from delay in delivery; or
11.4.3. Consequential Loss.
12.1. Subject to clause 11, if the Customer is not satisfied with the Goods, the Customer can email Stomp Apparel on email@example.com and provide the following information:
12.1.1. name and address of the Customer;
12.1.2. a copy of the Tax Invoice in relation to the Goods;
12.1.3. what aspect of the Goods the Customer is not satisfied with; and
12.1.4. the Customer’s desired outcome, i.e. a refund or a replacement of the Goods.
12.2. Upon receipt of an email in accordance with clause 12.1, Stomp Apparel will consider the information provided by the Customer and respond to the Customer within 2 Business Days.
12.3. Stomp Apparel’s response to the Customer under clause 12.2 will explain Stomp Apparel’s decision to:
12.3.1. refund the Price paid for the Goods;
12.3.2. exchange the Goods; or
12.3.3. if permitted under the ACL, take no action.
12.4. Unless otherwise required under the ACL, if Stomp Apparel decides to offer a refund or exchange of the Goods, the Customer must comply with any reasonable instructions imposed by Stomp Apparel to facilitate the refund or exchange at the Customer’s own cost.
13. Force Majeure
13.1. Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms or for any Loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure Event.
13.2. Nothing in this clause will excuse payment of any money due or which becomes due under these Terms.
14. intellectual property
All Intellectual Property of Stomp Apparel, including any developed during the supply of the Goods, is the sole property of Stomp Apparel and cannot be used, copied or otherwise modified by the Customer.
All information supplied by a party to the other party will be treated as confidential except to the extent that it becomes public knowledge, and will not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by law.
16.1. These Terms may be amended from time to time by Stomp Apparel publishing a notice on the Website.
16.2. The Customer may, without penalty, cancel any current Orders if it does not accept any amendment made pursuant to clause 16.1, in which case, Stomp Apparel will refund the Customer any amount of the Price already paid in respect of those Orders.
16.3. If the Customer does not cancel its current Orders within 5 Business Days of Stomp Apparel publishing a notice on the Website in accordance with clause 16.1, the Customer will be deemed to have accepted the Terms, as amended, and the amended Terms will apply to all current and future Orders.
17.1. Stomp Apparel complies with the Australian Privacy Principles set out under the Privacy Act 1988 (Cth). A copy of the Australian Privacy Principles is available from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
18.1. If a dispute arises under these Terms, the parties will attempt to negotiate a resolution by good faith negotiations.
18.2. If a dispute persists for more than 10 Business Days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
A single or partial exercise or waiver of a right relating to these Terms will not prevent any other exercise of that right or another right.
Unless otherwise inconsistent with the context:
20.1. ACL means The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
20.2. Additional Warranty Document means any document referred to in a Tax Invoice or provided with the Goods in which Stomp Apparel gives a warranty in relation to the Goods;
20.3. Business Day means a day on which banks are open for business in Victoria but does not include, for the avoidance of doubt, a Saturday, Sunday or public holiday in Victoria;
20.4. Consequential Loss means loss of revenue, profits, anticipated savings or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages;
20.5. Consumer has the meaning prescribed to it in the ACL;
20.6. Customer means the Person or entity named as the customer in the Tax Invoice completed for the Customer’s initial purchase of Goods under these Terms, or any Person or entity acting on their behalf;
20.7. Force Majeure Event means any event or circumstances which is beyond the reasonable control of the effected party which results in or causes the failure of that party to perform any of its obligations under these Terms;
20.8. Goods means goods specified in a Tax Invoice;
20.9. GST has the meaning prescribed to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
20.10. Intellectual Property means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests;
20.11. Law means any relevant federal, state or local statute, ordinance, rule, regulation or standard, and includes the ACL, as amended from time to time;
20.12. Loss means any liability, including any loss, claim, damage, demand, injury or death, and any penalty imposed by a statutory or other authority;
20.13. Nominated Price means AUD40;
20.14. Order means an order by the Customer for the supply of Goods;
20.15. Person includes a corporation;
20.16. Price means the price for the Goods specified in a Tax Invoice;
20.17. Promotional Code means a code given to Customers to access promotions & discounts through the Website;
20.18. Stomp Apparel means Stomp Apparel Pty Ltd ACN 602 532 927 as trustee for the Stomp Apparel Family Trust;
20.19. Stomp Apparel Outlet means any outlet from which Stomp Apparel sells the Goods;
20.20. Stomp Apparel’s Premises means the place from which the Goods are despatched for delivery to the Customer;
20.21. Tax Invoice means the document entitled “Tax Invoice” and which constitutes a Tax Invoice for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
20.22. Terms means the Terms of Trade as set out in this document;
20.23. Website means www.stomapparel.com.au