Terms and Conditions


Terms and Conditions: TOMBOY Apparel

Introduction
Hello and welcome to TOMBOY Apparel! We’re so glad you chose to visit us and we want your experience on our web site, www.tomboyapparel.com.au (the “website”) to be one you'll want to repeat again and again. Please take a moment to read our Terms and Conditions. It will take you through everything from using the website, ordering your goods and paying online, delivery and some details about us. Thanks so much for reading them!
About Our Company
TOMBOY Apparel is a young, dynamic business based on the famous Gold Coast in Queensland, Australia. TOMBOY’s signature range of limited edition watches are the creation of local designer Cait Morris. Cait’s personal flair and passion for an active outdoor lifestyle are evident in each design. The result is a stylish collection of edgy, durable and quality watches that will take you effortlessly from beach time to party time!
Tomboys everywhere take note; our watches are not just a pretty face! The glass dial of each watch is guaranteed to be scratch proof and the technical quality (accuracy, reliability, water resistance and shock resistance) are second to none. Only limited numbers of each design are manufactured to preserve the uniqueness of our brand.
Corporate Responsibility: Our business is committed to ethical trade. We strive to integrate positive social and corporate behaviour in all aspects of our operations, from our Designers, Relationship Managers and Logistics Experts here in Australia to our talented Watchmakers and Leather Crafters in China. We don’t just consider financial results when measuring the performance and success of our business; we also review social, environmental and ethical indicators to ensure we are having a positive impact on our world and its people. We invest time in sourcing suppliers and manufacturers that share our values, our social conscience and our vision. We are confident and proud that the manufacturers we engage in other countries provide an ethical, happy and safe environment for our craftsmen. Our quality leather watchbands are ethically sourced from China and Italy and crafted with love in China.

 

1.2 Ownership

Ordering from Our Collection
Create your account: You must be at least 18 years of age to have a customer account with us. Once you create your account, you’ll be able to purchase items from our website, manage your shopping cart, create your wish list and keep up to date with all our latest offers.


Your details: By placing an order on our website, you guarantee to us that you are at least 18 years of age. You agree to provide the following:
Your real name
Your email address
Your billing address
A delivery address (this may be the same as your billing address)
A contact phone number (in case we need to speak to you about your order)

The process: All orders are online via our website. When viewing an item, select the colour (if applicable) and the quantity you want and then click ‘Add to Cart’. When you’ve finished shopping and reviewed your cart, click the ‘Check Out’ button. After placing your order, you will receive an automated order acknowledgement email. Once you are ready to check out, you will be directed to the shipping confirmation page where you can select the type of delivery you require, and complete the delivery and/or billing addresses. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched.


Backorder: If something you’ve ordered is out of stock it will be marked SOLD OUT on our website. If we are expecting the item in soon, we may send it in a separate parcel after your main order has been dispatched. If we are repeating or expecting more stock of a best-selling item we will make an announcement through social media (Snapchat, Facebook and Instagram). If you are on our mailing list, we will also notify you via email.


Delivery Dispatch: We aim to dispatch your order within 48 hours of receiving it. During peak shopping periods (such as Christmas and the Holiday Season), you may need to allow up to 3 business days for the processing and dispatch of your order.
Delivery Options: We offer you a range of delivery options for your products. Our delivery options are:
Australia Post Express Parcels
Australia Post Regular Parcels
Australia Post Air Mail (Standard delivery)
Australia Post Express Post International
DHL Express
DHL Globalmail
International customers please note that ‘AIRMAIL’ does not include tracking, however you will be issued with a shipping number.


Additional Services: If you require additional services to the standard services provided by Australia Post or DHL Couriers such as insurance or a signature on delivery, you will need to advise us in the ‘comments’ field of your order. Costs for these additional services will be invoiced to you with your order.


Tracking Numbers: Will be issued via email by our customer service team as part of the processing of your order. A link will be provided in the email to track your parcel.


Processing Time: Please note that Australia Post offer EXPRESS postage which means that your transit time is faster if this option is selected however, we process orders in the order they are received regardless of your postage method selection. During peak periods (such as Christmas) the processing of your order can take up to 3 business days. Please also allow for weekends and public holidays here in Australia when the Post Office or Courier Depot is closed so we can’t drop off your parcel.


Responsibility: Once the goods have been accepted for delivery by Australia Post or DHL Courier Service, we cannot be responsible for its delivery to you. Please ensure that the shipping address you provide is complete and accurate. We cannot take any responsibility for incorrect entry of address details. The customer is liable for any additional shipping costs incurred by us due to incorrect address details provided.


Split Delivery: We do not offer Split Delivery.


Events beyond our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to:  
Strikes or other industrial action.
Civil commotion, terrorism or threat of, war or threat or preparation for. 
Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster.
Disruption to supplies or delivery methods.
Acts of government or regulatory bodies.
Disruption to public or private telecommunications networks.
Customs and border control: Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond our control and we cannot be responsible for the late arrival of parcels detained in this way.


The Contract
When we confirm acceptance of your order by advising you that the goods have been dispatched, a legally binding contract will exist between us.  If we do not confirm acceptance, we will refund your payment.
Your order constitutes an offer to us to buy a product. If we believe a customer is acting against these Terms and Conditions, we reserve the right to cancel or suspend their order. 
This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.
Ownership of the goods will only pass to you when we have received full payment.
A person who is not party to the contract shall not have any rights under, or in connection, with it.


Resale
By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us.


Payment and Security


Payment Method: We accept Visa and Mastercard. You can also pay via PayPal.


Secure Information: All our payments are securely processed using industry-grade SSL security via the Shopify Payment Gateway. Your credit card number and PayPal login details are secured with them, so we will never see or store your credit card details.


Pricing
As stated on our website, our prices are in Australian Dollars ($AUD) and include GST (applicable to customers in Australia). You will be charged in Australian Dollars even if you don’t live in Australia. We reserve the right to alter prices at any time. Overseas orders may incur bank charges for international transactions. Please note that any advertised special offers are subject to availability and may end before originally advertised.


International Orders: International orders are exclusive of GST. Products delivered to destinations outside of Australia may be subject to taxes, fees, levies or other charges, because of local legislation or customs formalities and we advise that you check the import charges applicable in the destination country before ordering goods to be delivered there.
The recipient of the order is responsible for all customs formalities for the import of the products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside of Australia. The recipient of the goods, not the person placing the order, will receive a separate request for payment of these charges. If you are ordering goods to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges.
You (or the recipient of the goods if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it's your responsibility to check that any goods ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.


Warranty
Your TOMBOY Apparel watch is covered by warranty for 12 months from the date of purchase. During the warranty period, the watch movement, hands, and dial are the only components covered under this warranty. This means that if the materials in your watch aren’t right or if the watch is not put together correctly, we will repair or replace it. The warranty does not cover damage resulting from improper handling, lack of care, accidents (including scratching, bouncing, falling) or normal wear and tear. We advise against wearing your watch during activities such as swimming and showering during which the watch would be exposed to more than just minor splashes. The warranty will be voided in the case of a third party performing repairs, alterations or other work on the watch without the prior written consent of TOMBOY Apparel.
If a manufacturing fault occurs under normal use (not including general wear and tear) within 12 months of the purchase date, please contact our customer service team info@tomboyapparel.com.au  with a copy of your proof of purchase (also required for watches that have been gifted) and a detailed description of the fault. Warranty will not be honoured if the item has been mistreated. Once we have received your claim, if the covered component proves to be defective in material or craftsmanship under normal use, it will be repaired, or the watch will be replaced free of repair charges. You will be notified via email from us, and your working watch will be sent back to you via Express Post with full tracking. We aim to process your claim within 7 days of receiving it. Note: Warranty decisions are at our sole discretion and we reserve the right to refuse claims under warranty if our conditions and criteria are not met.


Caring for your watch and leather watchband
To preserve your leather strap we recommend:
Avoid allowing the leather strap to come into contact with water, moisture, oils, perfumes or cosmetics as this will significantly decrease the lifespan.
Avoid over-exposure to extreme heat or direct sun.
Avoid submersing the watch in water. The watch is water resistant and can tolerate splashes of water however submersing in water during swimming or bathing will damage the mechanism and the leather band.

Returns
We hope you understand that a new watch can only be returned if it has never been worn or used. Your watch needs to be in brand new condition. This means all original and undamaged packaging and tags, and any protective seals on the front and back of the watch face must be intact. Resized or modified watches will not be eligible for returns. We are unable to accept returns for any watches we no longer carry on our website.
You can return any full priced items purchased for a refund or store credit within 14 days of the purchase date on your receipt (for International orders within 30 days of your purchase date). There is no return or refund on sale items. Please choose carefully! We do not offer exchanges as we cannot guarantee that the item you require will be available when the unwanted item is returned. You will be issued with store credit in lieu of exchange and you will need to make a new purchase of the item you require.
Please contact us immediately if you intend to return your item via email at info@tomboyapparelcom.au. We will then issue you with a Returns Authority Number (RA Number) and a return form to be completed and sent back with the returned item. We will email a form to you to be completed. We will not accept any returns without a return form and an RA Number. Unfortunately, we cannot accept returns or make refunds if we are notified after the 14-day period (30-day period for International orders). Items must be returned via express post or another trackable method and the shipping is at the expense of the customer. After the item has been received, we will inspect it to ensure it is new, unused, and in the same perfect condition in which it was sent. If the item has been used or is damaged (including marked/dirty or scuffed) we have the right to send the item back to you without refund or store credit
When returning Items, please enclose:
RA Number with an explanation of the reason for return/comments
Your contact details, including email address and phone number
Please return your Item to:

TOMBOY Apparel


13 Kodiak Drive


Varsity Lakes,

QLD Australia, 4227


11. Refunds
Once we have received your returned item and processed it, your refund will be credited to your original method of payment minus the original shipping charges and duties paid. Please allow up to 5 business days for your refund to be processed. You will be notified via email once your refund has been cleared.


12. Use of Website
TOMBOY Apparel provides this website as a service to our customers. These Terms and Conditions govern your use of our website. Please note that your use of the website constitutes your agreement to follow and be legally bound by these Terms and conditions. If you do not agree to these Terms and Conditions, please do not use the website. TOMBOY Apparel
will present information and content on this website including, but not limited to, articles, opinions, statistics, product information, photographs, graphics, videos and audio files, as well as user generated content (collectively content). This content is general and provided for information purposes only. And while full care is taken in the preparation of the website’s content, TOMBOY Apparel cannot guarantee the accuracy, currency or completeness of the content on this website. Our website may include links to websites owned by other parties. We are not responsible for the material contained on these websites or responsible for their availability and we cannot be held responsible for any damage, loss or offence that may be caused by visiting these sites.


13. Stock Photography
Reasonable care is taken to ensure that photographs on this website and in digital catalogues reflect the true appearance of the products. Some items may appear larger or smaller than their actual size, some items have been enlarged to show detail and some colours may differ due to lighting and technicalities of photography.


14. Limitation of Liability
Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):
resupplying goods or services to you or supplying equivalent goods;
repairing the goods; or paying to have the goods or services resupplied or goods repaired.
You must notify us without delay of any loss you suffer in connection with this Website or the content and take all other reasonable steps to minimise your loss.
Subject to Your Consumer Rights, we are not liable: for any loss that was not reasonably foreseeable to you and us at the time you first used this Website; for any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; to the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third-party equipment, networks, viruses or malware); and any loss to the extent contributed to by your negligence or breach.


15.  Variation
We may vary these terms from time to time.  If we do, we will replace these terms on our website with our new terms.


16. Privacy
While you are using this site, and during the ordering process, any information and data collected from you will be used solely for processing your order and improving our service to you. We will never sell on or disclose information to any third party whatsoever. Any information passed through this website is passed through a secure connection on the internet. If a customer wishes for their information to be removed from our database, this should be requested in writing to 

TOMBOY Apparel,

13 Kodiak Drive,

Varsity Lakes,

Queensland, Australia 4227


Cookies: The cookies we use on this site will only be temporary session cookies, which won't hold any customer information. By use of this website you agree to our use of the cookies outlined in our Privacy Policy. If you wish to opt out of accepting cookies online, we would be happy to receive your order via email to info@tomboyapparel.com.au


17. Copyright
Copyright exists in the website (tomboyapparel.com.au) and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the website unless otherwise obtained from a third party who may itself have its own copyright in that material.


18. Intellectual Property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act (1996, Commonwealth Law) and under the law of a country other than Australia.


19. Model Release
From time to time, TOMBOY Apparel will ask for photographs video and/or written testimonials about your experience with our leather goods and accessories for use in promotion of the business on social media pages. In accepting the terms and conditions of the website, you give TOMBOY Apparel, and its authorised representatives, permission to use any material submitted by you for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise.


20. Governing Law
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

21. General Entire agreement: These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.