Terms & Conditions
1. By submitting an order you agree to be bound by these terms and conditions.
3. You will have read and understood the disclaimer.
4. When you submit an order to Undiewarehouse over the Internet you are offering to purchase from Undiewarehouse those items set out in your order. Payment details must be provided at the time of submission and we will only ship your order once payment is received to us.
5. UndieWarehouse reserves the right to cancel orders it believes are fraudulent.
6. Amendments to orders can be made by UndieWarehouse with the express permission of the customer. Submission by email and telephone is considered to be a valid form of communication for this authorisation.
7. All products sold on this website are inclusive of GST and all other taxes where appropriate, and any reward points accumulated will expire within 12 months.
8. UndieWarehouse reserves the right to adjust prices at any time and without prior notice before any order has been submitted.
9. UndieWarehouse reserves the right to discontinue products at any time and without prior notice. Where a product becomes unavailable after acceptance of your order, UndieWarehouse will contact “you” - the customer and offer an alternative and/or remove that item from the order.
10. To the extent permitted by law, UndieWarehouse expressly disclaims all warranties whether expressed or implied including warranties in relation to merchantability or fitness for a particular purpose. This disclaimer by UndieWarehouse in no way affects the terms of any manufacturer's warranty, express or implied.
11. UndieWarehouse disclaims any and all liability for any failure to deliver any products within our anticipated delivery times. Despatch and delivery dates are provided as a guide only. UndieWarehouse can only accept responsibility for non-delivery of goods where a delivery option requires a signature from the recipient - such as registered post.
12. Where products are unsuitable and require exchange or refund. UndieWarehouse will replace or refund the item excluding any related postal charges and excluding the return postage of the item to UndieWarehouse providing all garments are in "as new" condition. Removal of any garment labels is deemed acceptance of the goods.
13. Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
- reject the goods and receive a refund;
- reject the goods and receive an identical replacement, or one of similar value if reasonably available;
- keep the goods and receive compensation for the drop in value caused by the problem;
- If you think that a Product is defective you should contact our Customer Service Help Centre and an Undiewarehouse Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of UndieWarehouse. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
14. Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to UndieWarehouse within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, a refund will not be given. Please refer to our refund policy regarding the refund procedure.
15. We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
16. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
17. By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other UndieWarehouse Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other UndieWarehouse Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
18. While UndieWarehouse.com.au employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, UndieWarehouse will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
19. When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.
20. You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of UndieWarehouse. Any unauthorised assignment shall be deemed null and void.
21. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
22. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
23. UndieWarehouse reserves the right to change the Terms and Conditions of sale at any time.
24. No UndieWarehouse employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
25. To the extent permitted by law, UndieWarehouse is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of UndieWarehouse, and UndieWarehouse shall be entitled to a reasonable extension of time for the performance of such obligations.
26.UndieWarehouse does not warrant that information or images contained on the site will be accurate, reliable or error-free, or that errors will be corrected. Material on the Site may contain technical inaccuracies or typographical errors (including price errors). UndieWarehouse cannot be held responsible for inaccuracies and omissions in the Site and reserves the right to modify, delete and correct errors at any time. Our prices are also subject to change without notice.
27. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.