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Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF USE
About the Website
Welcome to http://theedccollective.com.au/ (the 'Website'). The Website provides you (the 'Purchaser') with an opportunity to browse and purchase various Goods and Products (the 'Products') that have been independently sourced and listed for sale through the Website.
As Goods and Products (the 'Products') have been independently sourced and listed for sale through the Website, The Everyday Carry Collective™ acts, operates and is to be considered a Reseller and is not directly associated with any of the companies whose goods we sell. The Website provides this service by way of granting you (the 'Purchaser') access to the content on the Website (the 'Purchase Services') and the Goods and Products (the 'Products').
The Website is operated by The Everyday Carry Collective™ (ABN 68889600386). Access to and use of the Website, or any of its associated Products or Services, is provided by The Everyday Carry Collective™. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
The Everyday Carry Collective™ reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Everyday Carry Collective™ updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Everyday Carry Collective™ in the user interface.
Registration to use the Purchase Services
In order to access the Purchase Services, you may be required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited too:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
You warrant that any information you give to The Everyday Carry Collective™ in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with The Everyday Carry Collective™ or not of legal age to purchase and/or use various Goods and Products that have been listed for sale through the Website (the 'Products’); or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member
As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Everyday Carry Collective™ of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Everyday Carry Collective™ providing the Purchase Services;
- you will not use the Purchase Services, Goods and Products or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by The Everyday Carry Collective™ for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Products and Returns Policy
In using the Purchase Services to purchase Goods and Products through the Website, you (the 'Purchaser') will agree to the payment of the purchase price listed on the Website for the Goods and Products (the 'Purchase Price').
Payment of the Purchase Price may be made through PayPal (the primary Payment Gateway Provider’), Electronic Funds Transfer (‘EFT’) or via Credit Card (via Square) using the information provided by The Everyday Carry Collective™. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers and/or Banking financial services companies.
The Purchaser is fully responsible for compliance with and payment of all import charges, duties and any applicable taxes. In addition to this, the Purchaser is responsible for compliance with all relevant State and Federal laws. The Everyday Carry Collective™ is not responsible for the illegal use, nor illegal possession of Goods and Products (the 'Products') purchased from the Website, nor any related penalties. The Everyday Carry Collective™ offers no compensation for Goods and Products confiscated by Government Agencies or Law Enforcement and/or representatives. The Everyday Carry Collective™ fully promotes the safe and legal ownership, use, handling, storage, etc., of all Goods and Products made available for purchase on the Website. The safe and legal ownership, use, handling, storage, etc., of Goods and Products made available on the Website is the sole responsibility of the Purchaser. The Everyday Carry Collective™ is not responsible for any injury too and/or death of any person, animal, or damage to and/or destruction of property due to but not limited too the following; use or misuse; unsafe or illegal use, handling, storage, etc., of all Goods and Products made available for purchase on the Website.
The Everyday Carry Collective™ may at times, show additional items (as displayed) within photos of the actual Goods and Products (the 'Products') intended for Sale. These items are not included within the sale and are included for the sole purpose of assisting photographic representation of the actual Goods and Products on offer (for Sale). You (the 'Purchaser') agree that the additional items (as displayed) within photos and for the purposes of photographic representation only; are not included within the Sale of the actual Goods and Products on offer.
Following payment of the Purchase Price being confirmed by The Everyday Carry Collective™, you will be issued with a receipt to confirm that the payment has been received and The Everyday Carry Collective™ may record your purchase details for future use.
The Everyday Carry Collective™ may, at their sole discretion (and only once a return request has been approved with subsequent receipt of the returned Goods or Products), provide a refund on the return of the Good and Products within 2 days where the product packaging is unopened, original and remains in a saleable condition. If a return request is accepted by The Everyday Carry Collective™, you acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause; agree that return postage and shipping costs are to include tracking; include insurance to the original value of the Goods or Products and; agree that the return will be completed within 2 days upon receiving approval of the return request from The Everyday Carry Collective™.
Pre-Order conditions
The Everyday Carry Collective™ offers a Pre-Order service. This allows you (the 'Purchaser'), to secure Goods and Products (the 'Products') prior to the products being delivered to The Everyday Carry Collective™.
By placing a Pre-Order for products, you (the 'Purchaser') agree with all of the following 'specific' terms and conditions:
- A delivery date will be provided when the manufacturer has confirmed shipment of the product.
- Cancelled Pre-Orders will incur a 15% re-stocking fee (of the total Pre-Order amount paid).
- As every product is custom made, there may be some slight variation to final specifications.
- The Pre-Order amount equals the total purchase price.
- Photos and video of the actual Goods and Products (the 'Products') that have been Pre-Ordered will be made available prior to shipping.
Lay-Away plan conditions
The Everyday Carry Collective™ offers a Lay-Away plan so you (the 'Purchaser') can pay for your order in two (2) payments over a period of 30 days.
By using the Lay-Away plan service, you (the 'Purchaser') agree with all of the following 'specific' terms and conditions:
- A 50% deposit of the purchase price is required upon placement of an order.
- The remaining 50% balance is required within 30 days from the date of placing the order.
- Orders will only be shipped once full payment has been received.
- Cancellation of Lay-Away orders will incur a 15% re-stocking fee (of the FULL purchase price).
Example: You (the 'Purchaser') selects the Lay-Away option upon check-out and your order total is $1000 AUD, the Lay-Away payment plan would be as follows:
- Payment #1 (due upon placing the order) = $500 AUD.
- Payment #2 (due within 30 days from the date the order is placed) = $500 AUD.
For Lay-Away payment plan payments, you (the 'Purchaser') agrees to process the required payment(s) via Electronic Funds Transfer (‘EFT’) using the details provided within the Lay-Away plan option at checkout. If the final payment is not received by the 30 day due date, you will receive a reminder via email that the final payment is due. If you wish to complete the final payment earlier and have your order shipped, you may do so at any time during the 30 day period. There is no penalty for pre-payment.
Delivery
You acknowledge that the Purchase Services offered by The Everyday Carry Collective™ integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
In providing the Purchase Services, The Everyday Carry Collective™ may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Everyday Carry Collective™ is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, The Everyday Carry Collective™ asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to contact@theedccollective.com.au outlining in what way the Goods and Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of The Everyday Carry Collective™ are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by The Everyday Carry Collective™ or its contributors.
The Everyday Carry Collective™ retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Everyday Carry Collective™; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of The Everyday Carry Collective™ and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
The Everyday Carry Collective™ takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Everyday Carry Collective™ Privacy Policy, which is available on the Website.
General Disclaimer
You acknowledge that The Everyday Carry Collective™ does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Goods and Products other than provided for pursuant to these Terms. The Everyday Carry Collective™ will make every effort to ensure a Good or Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging and to an extent, condition may differ from what is displayed on the Website. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- The Everyday Carry Collective™ will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the goods and products of The Everyday Carry Collective™ (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Goods and Products of The Everyday Carry Collective™, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Everyday Carry Collective™ (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the goods and products or Purchase Services of The Everyday Carry Collective™) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Goods and Products;
- the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
- The Everyday Carry Collective™ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you (the 'Purchaser') under these Terms or where you have not paid the Purchase Price, then the total liability of The Everyday Carry Collective™ is the resupply of information or Purchase Services to you.
- You expressly understand and agree that The Everyday Carry Collective™, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- The Everyday Carry Collective™ is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Everyday Carry Collective™, by third parties or by any of the Purchase Services offered by The Everyday Carry Collective™.
- You acknowledge that The Everyday Carry Collective™ does not provide the Delivery Services to you and you agree that The Everyday Carry Collective™ will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by The Everyday Carry Collective™ as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying The Everyday Carry Collective™ at any time; and
- closing your accounts for all of the Purchase Services which you use, where The Everyday Carry Collective™ has made this option available to you.
- Your notice should be sent, in writing, to The Everyday Carry Collective™ via the 'Contact Us' link on our homepage.
- The Everyday Carry Collective™ may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- The Everyday Carry Collective™ is required to do so by law;
- the partner with whom The Everyday Carry Collective™ offered the Purchase Services to you has terminated its relationship with The Everyday Carry Collective™ or ceased to offer the Purchase Services to you;
- The Everyday Carry Collective™ is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by The Everyday Carry Collective™ is, in the opinion of The Everyday Carry Collective™, no longer commercially viable.
- Subject to local applicable laws, The Everyday Carry Collective™ reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Everyday Carry Collective™ name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Everyday Carry Collective™ have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
- You agree to indemnify The Everyday Carry Collective™, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
Last updated 10th September 2023
The Everyday Carry Collective™
Surf Coast, Victoria, Australia
Copyright © 2022
The Everyday Carry Collective™
ABN 68889600386
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