1. Website Terms of Use

Brand Tasmania (Website Owner) owns and operates this Website. Access to and use of this Website is and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

2. Our Contract

When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

3. Currency

All prices and payments and references to '$' and 'dollars' are in Australian dollars.

4. Goods and Services Tax

All prices are inclusive of Australian Goods and Services Tax (GST) where applicable.

5. Refund & Returns

(a) We have a 30 day return policy. If 30 days have gone by since the date of purchase, we cannot offer you a refund or exchange.

(b) To be eligible for a return, the item must be unused and in the same condition that You received it.

(c) To complete a return, we require a receipt or proof of purchase.

(d) The following steps are in place for returns or exchanges:

(i) Email store@tasmanian.com.au quoting the order number, reason for the return, and whether You would like a refund or exchange of product.

(ii) If the sizing is not quite right, we can exchange the item (or provide a refund if that size is sold out).

(iii) Post the item back within 30 days of purchase, in its original condition (unworn, unwashed, unsoiled), at your cost. Please complete the form that you received with your original order with the return.

(iv) We will check that everything is in order and we’ll post the replacement item to You.

(e) To return your product, mail your product to:
The Tasmanian Store,
Unit 1/3 Abernant Way,
Cambridge Tasmania, 7170.

(f) You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If You received a refund, the cost of return shipping will be deducted from your refund.

6. Payment

(a) In using the Website to purchase products, through the Website, you will agree to the payment of the purchase price listed on the Website for the product (the 'Purchase Price').

(b) Payment of the purchase price is made through the following third party provider:

(i) Westpac Pay Way (the 'Payment Gateway Provider');

(c) In using the Website, 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 Provider.

(d) Following payment of the purchase price being confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.

7. Stock availability

(a) We will endeavour to supply all items publicised on the Online Store.

(b) Products will be removed from the Online Store as soon as we become aware that those items are no longer available.

(c) There may be occasions when:

(i) All or part of your order cannot be fulfilled immediately; or

(ii) All or part of your order cannot be fulfilled at all.

(d) Where part of an order cannot be fulfilled immediately, the part that can be fulfilled will be dispatched as soon as possible.

(e) Where part of your order cannot be fulfilled at all, You will be advised as soon as possible by email.

(f) Products with a limited sales period displayed on the Website will have the withdrawal date clearly shown.

(g) Where a product becomes unavailable, but that item is ordered by You before we have withdrawn that item from the Website, You will be advised by email or telephone that we cannot fulfil your order and the purchase price of the item in question will be refunded.

8. Unacceptable orders

We reserve the right to reject an order if, in its opinion (acting reasonably), the order is unacceptable. This includes (but is not limited to) where You are placing multiple orders for the purpose of circumventing order limits, or where Your order does not meet the Online Store Terms or Conditions or any other applicable Terms and Conditions.

9. Payment options

(a) When purchasing goods through the Online Store, we accept payment via the following methods:

(c) In using the Website to purchase Products, through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

(d) Payment of the Purchase Price is made through the Westpac Pay Way (the 'Payment Gateway Provider').

(e) In using the Website, 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 Provider.

10. Privacy

When you interact with the Online Store, we may ask for your personal information. Without this information, will we be unable to provide you with this service. Your information is handled in accordance with our Privacy Statement, which outlines how you can access your personal information, or make a privacy related complaint. For more information visit our Privacy page.

11. Limitation on claims

(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b) We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

(c) Our liability for failure to comply with a consumer guarantee is limited to:

(i) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and

(ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e) In all other respects, our total liability for loss or damage of every kind, whether:

(i) arising pursuant to the terms of service; or

(ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

(f) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

12. Disclaimer of warranties

12.1 To the maximum extent permitted by law (including the Australian Consumer Law):

(a) We disclaim all warranties with regard to the information and applications contained on the Website and your use of the Website.

(b) We, its contractors, agents, employees, service providers, licensors, successors and assigns disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use, performance, availability or unavailability of the Website or products purchased through the Website, whether in contract, at common law or in equity, or on any other basis, except to the extent that the damage is directly caused by fraud or wilful misconduct by us.

12.2 If we become liable for any breach of any guarantee, condition or warranty, our liability for breach of any guarantee, condition or warranty shall be limited, to the extent permitted by any applicable law, to one or more of the following:

(a) In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired.

13. Security of Information

(a) At the time that You place your order and are asked to supply personal information, You enter a secure environment. From that time, the link between your web browser and the Website will be protected using a security certificate. This will be indicated by the appearance of a padlock on your browser.

(b) Credit card numbers will not be stored on the Website or our servers. All other information concerning your order is protected and can only be viewed by members of the Online Store team with authorised access to that information.

14. Delivery of Items

(a) Delivery will occur on where you are in Australia and in accordance with Australia Post timeframes.

(b) Flat rate postage fee of $12.00 within Australia only.

(c) Purchases over $100.00 are free.

(d) All orders sent via Australia Post Parcel Post – tracking included.

(e) Online orders and requests will be responded to Monday to Friday 10am – 4pm, public holidays excluded.

(f) International shipping – please email store@tasmanian.com.au for a quote.

(g) Non delivery of goods must be reported to us as soon as possible.

15. Receipt of goods

(a) You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 3 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 7 days after receipt of the goods by you.

(b) This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 11.

16. Title and risk

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

17. Accuracy of Billing and Account Information

(a) We will endeavour to fulfil your order except:

(i) where an incorrect or incomplete delivery address has been provided;

(ii) when incorrect payment details, including credit card details, are supplied;

(iii) where correct credit card details are supplied but funds are not approved;

(iv) where we believe the order to be fraudulent;

(v) or where cleared funds through your nominated payment method have not been received.

(b) In the event that You supply incorrect payment or delivery details, we will take all reasonable steps to contact You using the personal details that You have provided.

(c) If your supplied contact details are incorrect, we will not be held responsible for not fulfilling your order, nor for being unable to advise You that this is the case.

(d) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

(e) You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

18. Intellectual Property

(a) The materials displayed on this Website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of us, and are protected by copyright, trademark and other intellectual property laws.

(b) Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation.

(c) We do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Website or in the user interface of the Website.

(d) Any such content may be displayed and printed solely for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of us.

19. Prohibited Uses

(a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(i) for any unlawful purpose;

(ii) to solicit others to perform or participate in any unlawful acts;

(iii) to violate any international, Commonwealth, or State laws or regulations

(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(vi) to submit false or misleading information;

(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related Website, other Websites, or the Internet;

(viii) to collect or track the personal information of others;

(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(x) for any obscene or immoral purpose; or

(xi) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.

(b) We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

(c) Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(d) 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 this Website or to your downloading of any material posted on it, or on any Linked Sites.

20. Third Party Websites

(a) The Website may contain links to other Websites operated, controlled or produced by third parties.

(b) Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party Websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those Websites or their content.

(c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites.

(d) Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

(e) Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

21. Order enquiries

For order enquiries, please email store@tasmanian.com.au

22. Links to the Online Store

(a) You must not establish a link to this Website or the Tasmanian Website without our prior written approval.

(b) To request approval, please email Brand Tasmania: welcome@brandtasmania.com.au

(c) The following information will be required to assess your request:
(i) the URL of the Website that You seek to establish a link from;
(ii) a brief description of your Website; and
(iii) the reason that you wish to establish a link.

(d) We may accept or reject your request at its ultimate discretion.

(e) If we accept your request, You must comply with any terms and conditions imposed by us as a condition of such agreement.

(f) You must notify us if the nature and/or content of the Website changes in any significant way.

23. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

24. Interpretation

Words denoting any gender include all genders;

(a) ‘We’ or ‘we’ or ‘Us’ or ‘Our’ means Brand Tasmania.

(b) ‘You’ or ‘you’ or ‘your’ means you as the user of the Website.

(c) Website means www.tasmanian.com.au

a reference to a time or date in connection with the performance of an obligation, is reference to a time or date in Hobart, Tasmania, even if the obligation is to be performed elsewhere.

25. Laws of the Agreement

The Terms and Conditions is governed by the law of Tasmania. The parties submit to the jurisdiction of the courts of Tasmania.