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terms of supply
Last updated on July 10, 2018.

Last updated on July 10, 2018.

These terms and conditions apply to the supply of any Products ordered through this Site. By ordering any Products using this Website, you agree to be bound by these terms and conditions.

1. DEFINITIONS

“Associate” has the meaning given in the Corporations Act 2001 (Cth).

“Australian Consumer Law” means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Consequential Loss” includes, without limitation, loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, losses which do not arise naturally from a breach of contract in the usual course, damage to reputation, damage to property, downtime costs and legal costs.

“Events Outside Our Control” means any act or event beyond our reasonable control including strikes, lock-outs or other industrial action by third parties, failure of supply, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for ware fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

“Products” means any goods offered for sale on this Website, or supplied by us.

“Site” means our website at www.knobbyunderwear.com.au.

“We”, “us” and “our” are references to Knobby Pty Ltd ACN 600 489 236.

2. GENERAL RESTRICTIONS AND OBLIGATIONS

(a) If you order any Products or register for club membership, you warrant and represent that you are at least 18 years of age.

(b) You must purchase Products and club memberships for your own personal use. You may not further distribute or re-sell any Products.

(c) All information that you provide to us in relation to any Product order or club membership must be accurate, current and complete. We reserve the right to block further sales to you if you provide us with false, inaccurate or incomplete information, or if you breach these Terms for Supply or our Website Terms of Use.

(d) You may not reproduce any artwork or designs appearing on any of our Products for any purpose.

3. ORDERING

(a) You must check that the details of any order placed via this Site are complete and accurate before they are submitted.

(b) We are not bound to fill any order. If we are unable to supply you with any Products ordered we will inform you and offer you a choice of a refund or a substitute Product.

(c) If you wish to cancel an order before it has been shipped, please email us at support@knobby.com.au. Orders that have been shipped cannot be cancelled.

(d) Products will not be shipped until we receive full payment in cleared funds. The price for Products will be as stipulated on our website at the time of ordering. Shipping and handling charges may be extra.

4. DELIVERY

(a) Products will be posted to the address specified in your order.

(b) Timeframes for delivery and delivery charges will vary depending upon the availability of Products and your address. Any delivery dates provided are estimates only.

(c) Products will be your responsibility and risk from the time they are posted to the address you provide to us when ordering. You are responsible for ensuring that someone is present to accept delivery. We will not be liable for any failure of postal delivery, delivery to the incorrect address (if it is the same address as the address that you provided to us when ordering) or any damage, loss or theft of Products at any time after they are posted by us.

(d) It is your responsibility to check the Products upon delivery. Any discrepancies, damage or defects should be notified to us in writing (support@knobby.com.au) within 7 days from delivery.

5. CLUB MEMBERSHIP

(a) Club membership is only available for Australian and New Zealand residents.

(b) If you register for club membership Products will be delivered to you at the frequency you nominate when you sign up, in exchange for payment of the total amount (including shipping and handling fees) quoted on our Site for membership when you sign up. Your membership will automatically renew after the expiration of this period and your credit card will automatically be charged for the next period.

(c) We may increase the total amount payable for your periodic membership by providing you with notice in writing (including via email).

(d) You can cancel your membership at any time by emailing support@knobby.com.au and stating “Please terminate my club membership”. Your membership and all future Product shipments will be terminated from the date that we receive your email.

(e) We can terminate your membership without providing notice to you if you are in arrears for 30 days or more, or if you are in breach of any of these Terms for Supply or our Website Terms of Use.

(f) If your membership is terminated, you will remain responsible for payment of all amounts owing to us for any Product shipped up to and including the date of termination.

6. GIFT SUBSCRIPTIONS

(a) Gift vouchers may only be redeemed for club membership and may not be exchanged for cash.

(b) A gift subscription may only be activated by a resident of the delivery region selected (Australia or New Zealand).

(c) Gift subscriptions must be activated within [12] months from the date of purchase.

(d) We will not be responsible for any gift vouchers that are lost or stolen.

7. PROMOTIONS

(a) No promotion, referral or discount code available for redemption on the Site may be used in conjunction with any other offer.

(b) Only one promotion, referral or discount code can be used per order.

(c) A promotion, referral or discount code cannot be applied to an order once it has been placed.

8. REFUNDS AND RETURNS POLICY

(a) We will not accept returns of Products, provide a refund, or exchange Products if you simply change your mind after ordering Products.

(b) Subject to clauses 8(d) and 8(e), we exclude all liability for any direct loss, indirect loss, Consequential Loss or damage however caused (including through negligence) which you may incur with respect to any Product.

(c) Except for losses attributable to breaches of the consumer guarantees in the Australian Consumer Law, to the extent permitted by law, any condition or warranty which could otherwise be implied in connection with the Products is excluded.

(d) If the Australian Consumer Law or any other law implies a guarantee, condition or warranty into these Terms for Supply which cannot be excluded by law, our liability for any breach of such guarantee, condition or warranty will be, to the maximum extent permitted, either limited to the replacement or supply of equivalent goods, or the payment of the cost of having the goods re-supplied.

(e) Nothing in these Terms for Supply excludes any liability under the Australian Consumer Law, or any other applicable consumer law, that cannot be excluded by law.

9. EVENTS OUTSIDE OUR CONTROL

(a) We will not be liable or responsible for any failure to perform, or delay in our performance, of any of our obligations under these Terms for Supply that is caused by an Event Outside Our Control.

(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms for Supply we will contact you as soon as reasonably possible to notify you and our obligations under these Terms for Supply will be suspended for the duration of the Event Outside Our Control.

10. PRIVACY

You agree that we may use and disclose your personal information in accordance with our Privacy Policy.

11. INDEMNITY

You must continually indemnify us and our Associates, jointly and severally, against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred as a direct or indirect result of your breach of these Terms for Supply or any wilful, unlawful or negligent act or omission by you.

12. DISPUTE RESOLUTION

(a) You agree that you will use reasonable endeavours and act in good faith to try and resolve any dispute that you have with us about the Products or these Terms for Supply (“Dispute”) in accordance with this clause.

(b) If a party wishes to raise any Dispute with the other party, it must give the other party written notice describing the Dispute and detailing the resolution required. The parties must then communicate and attempt to resolve the Dispute.

(c) If the Dispute is not resolved within 21 days after the notice of Dispute, either party may give notice to the other party that the Dispute must be referred to mediation by a Queensland Law Society approved mediator who is agreed by the parties, or failing agreement, appointed by the President of the Queensland Law Society on the application of either party, on the terms of the standard mediation agreement approved by the Queensland Law Society. Any mediation will take place in Brisbane, Queensland, Australia.

(d) If the Dispute is not resolved within 30 days from the date that it is referred to mediation, either party may commence legal proceedings in any court of competent jurisdiction.

(e) Except where urgent injunctive relief is being sought, neither party may commence proceedings in any court seeking resolution of a Dispute until the provisions of this clause have been complied with.

13. QUESTIONS, COMPLAINTS AND NOTICES

(a) If you have any questions or complaints, please email us at support@knobby.com.au.

(b) If you are required to provide us with notice under these Terms for Supply, you can email it to us at the above email address.

14. GENERAL

(a) These Terms for Supply are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

(b) Any provision in these Terms for Supply that is illegal, void or unenforceable in a jurisdiction will as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, without invalidating the remaining provisions of these Terms for Supply or affecting the validity or enforceability of that provision in another jurisdiction.

(c) If we waive any rights we have under these Terms for Supply as a result of your breach, it will not operate as a waiver of any future breaches.