Terms and Conditions

TERMS OF USE

Welcome to our website, thesweatercollective.com (our Website). We have prepared these Terms of Use as a guide to assist you to get the most out of our Website.

Your use of our Website indicates that you accept these Terms of Use below. If you use our Website in the course of your business or work, you are also agreeing to our Terms of Use on behalf of that business.

These Terms of Use apply only to our Website and do not apply to any websites or services outside of the thesweatercollective.com domain.

1. Accessing our Website

You acknowledge that these Terms of Use are reasonable. You further acknowledge that such consideration includes your use of our Website and receipt of data, content and information available at or through our Website.

We reserve the right to withdraw or amend the service of our Website without notice. We may change or delete the content or any features at any time, in any way, for any or no reason. We will not be liable if for any reason our Website is unavailable at any time or for any period. We may in exceptional circumstances cease to publish the website and/or the website content. If we do so, then we will have no further obligation to you. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including legal fees) arising from or in connection with your use of or inability to use our Website.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use, and that they comply with them.

2. Intellectual Property Rights

The copyright to all content on our Website, except for material posted via embedded third-party websites and links to other websites, belongs to us or we hold rights to use such contents.

Certain products and names mentioned on our Website are our trade marks (whether or not registered). Other products and names mentioned on our Website may be trade marks (or other intellectual property) of other parties. Your access to our Website should not be construed as granting any licence or right to use any trade marks appearing on our Website without our prior written consent.

Except as set out above, no part of our Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

3. Reliance on Information posted

Information, materials, functions and/or other content posted on our Website is not intended to amount to advice on which you should place any reliance. We therefore disclaim all liability and responsibility arising from any reliance placed on information, materials, functions and/or other content by you and/or any visitor to our Website, or by anyone who may be informed of any of it.

Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

4. Our Liability

The information, materials, functions and/or other content displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
◦ loss of income or revenue;
◦ loss of business;
◦ loss of profits or contracts;
◦ loss of anticipated savings;
◦ loss of data;
◦ loss of goodwill;
◦ wasted management or office time;
◦ and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

5. Viruses, Hacking and other Offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. You should take all appropriate and adequate precautions to ensure that whatever is accessed through or downloaded from our Website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

6. Links

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. If we request, you must remove or modify any link to our Website.

Our Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Our Website may contain hyperlinks to other websites and services from time to time. These links are provided for information and convenience only and we take no responsibility for our content and maintenance of, or privacy compliance by, any linked website or service.

Unless otherwise indicated, any hyperlink on our Website to another website or service does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or goods which they provide.

7. Cookies and data activity

We may use standard technology called ‘cookies’ and similar technologies on our Website. Cookies are small data files that are stored on your computer when you visit a particular app or website, which allow your web browser to remember certain information.

By using our Website, you agree to our use of cookies and our Website will issue cookies as soon as you visit our Website. You may disable cookies by turning them off in your browser, however some functions of our Website will not be available to you if you do this.

Sometimes information that you upload is provided with associated metadata. If you do not want us to use the metadata you must remove it before uploading it onto our Website and other applications and tools.

We may collect data that is associated with your visit, including the pages you visit, the activities you do and the purchases you make etc. We may also collect information relating to the mobile phone or other device including the device type, the browser, location, IP address and search words used. We may collect, use and disclose and store this information in any of the ways set out in our Privacy Policy (also available on our Website).

8. Email communication

We may correspond with you by electronic means, such as email or via our Website. As you are aware, electronic communication is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission of data, and to release us from any claim you may have arising from transmission defects.

By creating a user account, you agree that we may send you communications as part of the normal operation of our Website and associated services. You may opt-out of receiving communications from us at any time. You acknowledge that opting out of receiving communications may impact your use of our Website or provision of services.

You are responsible for obtaining the data network access necessary to use our Website and to receive communications from us. Your mobile network’s data and messaging rates and fees may apply if you access or use our Website from a wireless-enabled device. You are responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use our Website. We do not guarantee that our Website, or any portion thereof, will function on any particular hardware or devices. In addition, our Website and any communications may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

9. User accounts

Creating an account

You may need to create a user account to access some features of our Website.

When creating an account, you must provide accurate and complete information. All account holders are responsible for updating and correcting information on their account. We may rely on the details of your account without further confirmation or investigation.

You must not create more than one account for any person or organisation.

You must not use another person’s account without their express permission.

You are only permitted to hold an account if you are 18 years of age or older. By applying for a user account, you warrant that you are 18 years of age or older.

When you create an account, we will ask you to nominate a password. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

Use of your account

You must notify us immediately of any breach of security or unauthorised use of your account.

Although we will not be liable for any losses you suffer as a result of any unauthorised use of your account, you may be liable for our losses or losses incurred by others due to such unauthorised use.

You will be responsible for any fees and charges incurred as a user arising from activities on your account, irrespective of who has accessed your account.

User content

As an account holder, you may submit content to our Website using the relevant applications and functionality of our Website. You understand and agree that we do not guarantee any confidentiality with respect to any content you submit.

You are solely responsible for your own content and the consequences of submitting and publishing your content on our Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You licence to us all patents, trade marks, trade secrets, copyright and all other proprietary rights in and to such content for publication on our Website under these terms.

You retain all of your ownership rights in your content. However, by submitting content to our Website, you grant to us a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, redistribute, promote, display and prepare derivative works of our content in connection with our Website and our business (including the business of our successors and affiliates).

You also grant each user of our Website a non-exclusive licence to access your content through our Website, and to use, reproduce, distribute and display content as permitted through the functionality of our Website and under these terms.

You further agree and warrant that any content you submit to our Website will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material to grant to us all of the licence rights granted in these terms.

You further agree that you will not submit to our Website any content or other material that is contrary to applicable local, national and international laws and regulations.

We do not endorse any content submitted to our Website by any user or other licensor, or any opinion, recommendation, or advice expressed in our content. To the extent permissible by law, we expressly disclaim any and all liability in connection with any content on our Website. We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all content if properly notified that the content infringes another person’s intellectual property rights.

We reserve the right to remove content without prior notice, and at our complete and unfettered discretion.

Marketing

We reserve the right to use your or your organisation’s name in any promotional or marketing material regarding our business, our Website or our goods or services.

Account termination

We will terminate your user account without notice to you if, in our reasonable opinion, you have not fully complied with these terms.

On being notified of the death of an individual account holder and being provided with reasonable evidence of death, we will cancel their user account. To notify us of the death of an individual, please contact us using the contact email address at the end of these terms.

On termination of access to our Website for whatever reason, the following terms apply from and after the expiry date or such termination:
(a) You must immediately discontinue use of our Website, and cease to use any intellectual property, confidential information, and any other content;
(b) Any fees previously paid remain our property, and you agree not to make any claim about such fees;
(c) You must pay to us any fees that have accrued but are unpaid as at the date of the termination or expiration; and

You must immediately pay to us, without any deduction or right of set off, all sums of money due or payable by you to us, including all our costs, expenses and disbursements payable by you in accordance with these

10. General Provisions

Jurisdiction and Applicable Law: These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of the State of South Australia, Australia. Any dispute or claim shall be subject to the non-exclusive jurisdiction of the courts of South Australia although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

We make no representation that the website or the content on the website is appropriate or available for use in any particular location. If you choose to access our Website you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.

Dispute Resolution: Any dispute that arises out of these terms must first be referred to us for resolution using the contact email address at the end of these terms. You must provide us with details of the dispute together with your name and phone number. We will do our best to resolve this dispute by discussion with you within 20 working days of being notified.

If we are not able to resolve the dispute in that time frame, then it may be referred to a court or tribunal of competent jurisdiction.

Variations: We may revise these Terms of Use at any time by amending this page. You are required to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website. The Terms of Use (as varied) will be binding on you and us from the date the variation is posted on our Website.

Severability: If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Waiver: If we fail to insist upon strict performance of any of your obligations under any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Interpretation: Headings in these conditions shall not affect their interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

Suspension or termination of access: We may suspend or terminate your right to access and use our Website at any time if you breach these terms.

11. Contact us

For any queries, complaints or requests regarding these terms, please contact us at thesweatercollective@outlook.com.


TERMS AND CONDITIONS OF SUPPLY

It is important for the protection and well-being of all users of our website, www.thesweatercollective.com (our Website) abide by the following terms and conditions (these Terms and Conditions). This is to establish a common understanding of the expected standards when interacting with us.

1) Exclusion of Implied Warranties

a) To the fullest extent legally permissible, the following Terms and Conditions will apply to the supply of all goods and/or services (Products) by The Sweater Collective (A.B.N. 65 301 489 860) to you, to the exclusion of all other terms.

b) Recommendations or information supplied by us (or our employees, servants or agents) to you, are those imposed and required by law to be binding on us (including the Competition and Consumer Act 2010 (Cth) and applicable state fair trading laws). All other conditions and warranties, whether express or implied by law, in respect of the Products which may apart from this clause be binding on us, are hereby expressly excluded and negated.

2. Orders

a) Except as otherwise expressly agreed in writing, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by you. Without limiting the generality of the foregoing, the placing of an order by you of Products is deemed to be an acceptance of these Terms and Conditions.

b) Upon payment for the products, you will be bound to purchase the Products. You may not cancel an order for Products after acceptance without our written consent, which we can withhold at our complete discretion.

c) If we agree to cancel an order for Products, you must:

i) Pay to us any expense, cost or loss incurred or suffered by us as a result of the cancellation of the order; and

ii) Complete the purchase of any Products that we have made or purchased as a result of your order and pay to us our fee for any Products that we have commenced to supply.

3) Exclusivity

We are free to provide the Products to persons other than you.

4. Price and Payment

a) Subject to these Terms and Conditions, the price payable for the Products shall be the price provided for in on our Website, as amended from time to time and current at the time you place an order for the Products. Payment for the Products is required in full at the time of your orders.

b) All prices on our Website are in AUD.

c) Unless otherwise agreed by us in writing, prices do not include the cost of delivery to your delivery destination, any applicable sales tax, goods and services tax, customs duties or other applicable taxes, duties, imposts, levies, industry-imposed levies or currency fluctuations, and any variations in the price as a consequence of same shall be added to the price and be payable by you upon checkout.

d) Any coupon codes distributed by us are for individual users only. You agree not to attempt to copy, re-distribute or sell your coupon codes.

5. Disclose All Relevant Information

a) You must disclose all relevant information to us relating to the terms, conditions and circumstances in which we are to supply the Products. Without limitation, you will disclose to us:

i) Accurate, complete and sufficient information concerning the Products to allow us to comply with all laws and regulations concerning the supply of the Products; and

ii) All foreseeable hazards associated with the supply of the Products by us.

b) You confirm that all information provided by you, is true, accurate and complete in all material respects, and may be relied upon by us in the supply of the Products.

c) You indemnify us against all losses, costs, penalties and expenses which we pay or incur as a result of you failing to fully discharge the obligations in this Clause 6).

6. Shipping and Delivery

a) At the moment, we only ship to Australian addresses. Please contact us if you live overseas and are interested in purchasing any Products.

b) We aim to dispatch all orders within 1-3 business days.

c) All items are shipped via standard parcel post with Australia Post. We will send you your tracking information to your nominated email address once we have dispatched your order.

d) All Australia wide shipping is a flat rate of $9.95, with free shipping an option at checkout for orders over $100.

e) We shall deliver the Products to the address specified by you when you place an order.

f) If you unable or unwilling to accept physical delivery of the Products when the Products are ready for delivery, we may charge a fee for the delay experienced or arrange for the storage of the Products at your risk and cost including all transportation, storage and other consequential costs.

g) We are constantly evaluating the sustainability of our packaging and shipping choices. Australia Post’s parcel shipping is a carbon neutral service (through carbon credits), and we use compostable mailer bags and recyclable kraft mailer boxes. Our stickers and cellophane packaging are also compostable, and business and backing cards are made from 100% recycled paper and are recyclable. If you would like more information about what we use and how to responsibly dispose of your packaging, please get in contact and we’ll be more than happy to help.

7. Extension of Time

a) If we are delayed in the supply of Products, we will give you details of the anticipated duration of delay if requested by you.

b) You agree to extend the time for the supply of the Products by a reasonable period if the delay is beyond our reasonable control and we have used (or are using) all reasonable efforts to minimise the delay.

8. Intellectual Property

a) You agree that all Intellectual Property for the Products (unless stated otherwise) vests in us.

b) We retain ownership of any Intellectual Property owned by us prior to the date that we provide the Products.

9. Refunds and Returns

a) You must inspect all Products upon delivery and inform us at that time of any issues or defects in respect of the Products within 60 days by emailing us at thesweatercollective@outlook.com.

b) In our absolute discretion, if any Product is damaged, defective or does not match the description on our Website, we may supply an equivalent Product, repair or replace the Product, or refund the price of the Product.

c) If you have changed your mind about a purchase, we are happy to discuss returns options with you on a case-by-case basis. Please note that ‘change of mind’ returns are not available on patterns both digital and printed.

d) All Products must be shipped back to us in their original condition, and we reserve the right to refuse a refund or exchange if this does not occur. All shipping fees for returns are your responsibility. We cannot accept any liability for returned goods lost or damaged in transit and recommend using a tracked delivery service.

e) Please allow up to 2 business days for us to issue a refund after we have received your returned Products, or if we have agreed you do not need to send the Products back.

10. PPSA Assurances

You agree that a security interest in the form of a purchase money security interest under the Personal Property Securities Act 2009 (Cth) arises under these Terms and Conditions in any Product supplied by us to you for which we have not received and retained payment in full. You agree to grant us the security interest, including agreeing that we may register the security interest on the Personal Property Securities Register.

11. Limitation of Liability

a) To the full extent permitted by law and subject to the terms of any express warranties or guarantees which may be provided by us from time to time, all express and implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for any purpose or otherwise are expressly excluded.

b) Our liability for breach of a warranty or condition which cannot be excluded, restricted or modified shall be limited, at our option, to:

i) Replacement of the Products, repair of the Products or the supply of equivalent products; and

ii) The cost of replacing or repairing the Products or acquiring equivalent products.

c) To the full extent permitted by law, we shall not be liable for any injury, loss or damage (including, without limitation, direct, indirect, special or consequential loss or damage) suffered or liability incurred by you arising out of or in any way connected with the supply or operation of the Products, whether in contract, tort, negligence or otherwise.

d) Any valid claim by you against us must be presented in writing to us within a reasonable time, and in no event longer than 60 days after the supply of the goods or service. No action may be maintained by you against us unless a timely written claim has been given under this clause, and unless such action is commenced within 12 months after the supply.

e) We do not guarantee the Products will be suitable for the purpose in which you have purchased them.

12. Risk of Loss

Unless otherwise agreed between us in writing, you are responsible for:

i) Any loss or damage to all Goods supplied by us as from the time of supply; and

ii) Any loss or damage to your property during the supply of the Products.

13. Default and Liability of Customer

a) You agree not to commence or continue or cause to be commenced or continued through it any suit or action against us whilst you are in default under any part of these Terms and Conditions or in any of your dealings with us.

b) You indemnify us and shall hold us harmless from and against all claims, liability, loss, damage, cost or expense suffered or incurred by us (including loss of profits and/or consequential loss) in connection with or arising from any default or breach by you of these Terms and Conditions or any other dealing or arrangement with us.

14. Alteration

We may at any time and from time to time alter these Terms and Conditions by notice in writing to you.

15. Exclusive Rights, Powers and Remedies

No right, power or remedy conferred by these Terms and Conditions is exclusive of any other right, power or remedy also contained in these Terms and Conditions, or provided by law or equity, but may be enforced concurrently with them or from time to time as we think fit at our sole discretion.

16. Competition and Consumer Act 2021 (Cth)

These terms shall be read subject to the Competition and Consumer Act 2010 (Cth) and to any implied terms, conditions or warranties imposed by that Act or any other Commonwealth, Territory or State legislation insofar as such legislation may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty, and our liability shall be limited to the maximum extent permitted by law.

17. Force Majeure

a) You agree that we will not be liable for any delay or failure to perform our obligations pursuant to these Terms of Conditions if such delay is due to Force Majeure. If a delay or failure to perform our obligations is caused or anticipated due to Force Majeure, you agree that the performance of our obligations will be suspended.

b) If a delay or failure to perform our obligations due to Force Majeure exceeds 90 days, either party may immediately terminate these Terms and Conditions with notice in writing to the other party.

18. Waiver

a) Any waiver or forbearance by us in regard to the performance of these Terms and Conditions shall operate only if in writing and shall apply only to the specified instance, and shall not affect the existence and continued applicability of these Terms and Conditions.

b) No failure or delay on our part in exercising any right, power or privilege under these Terms and Conditions (and no course of dealing between or among any of the parties) shall operate as a waiver of any such right, power or privilege.

c) No waiver of any default on our part on any one occasion shall constitute a waiver of any subsequent or other default. No single or partial exercise or any such right, power or privilege shall preclude the further or full exercise of such right, power or privilege.

19. Invalid Provisions

If any provision of these Terms and Conditions are deemed or held to be illegal, invalid or unenforceable, these Terms and Conditions shall be considered divisible and inoperative as to such provision to the extent it is deemed to be illegal, invalid or unenforceable. In all other respects these Terms and Conditions shall remain in full force and effect.

20. Applicable Law and Jurisdiction

a) These Terms and Conditions shall be governed by and construed in accordance with the laws of the State.

b) The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State in respect of any claim, dispute or difference arising out of or in connection with these Terms and Conditions.

21. Dictionary

a) Force Majeure means a circumstance beyond the reasonable control of the parties that result in a party being unable to observe or perform on time an obligation under these Terms & Conditions. Such circumstances shall include but shall not be limited to extreme weather events or conditions (including lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster), acts of war, COVID-19, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, labour strikes, or epidemics, pandemics or public health events (or restrictions imposed as a result thereof);

b) Intellectual Property means all intellectual property rights including, without limitation, any copyright, patents, trademarks, service marks, design rights or eligible layout rights (whether registered or not), rights to apply for registration of any of these rights, innovations, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, data bases, logos, domain names, business and trade names, Confidential Information, know-how and advertising material; and

c) State means South Australia.