Terms & Conditions
This website and its content is operated and owned by Its the HY Pty Ltd (ACN 617 452 543) (HY, us, we or our).
These Terms of Business outline the terms upon which we will supply the products available on our website to you.
We may, on notice to you, change these Terms of Business. It is your responsibility to check these Terms of Business each time you place an order with us.
1. Your Order
1.1. You may not resell our products to any third party, unless we provide express written consent.
1.2. When you place an order with us, we will immediately process your payment through a third party ecommerce platform Shopify and PayPal. Third party terms may apply to your purchase.
1.3. If your payment is successful, we will send you an acknowledgement and email confirming payment and a separate binding agreement between you and us is formed for the supply of the products in accordance with these Terms of Business.
1.4. We may, in our discretion, refuse to accept an order from you for any reason, including:
(a) if the product is no longer available (in which case we may offer you an alternative product); or
(b) if we suspect:
(i) any fraudulent activity related to your purchase; or
(ii) that you might resell our products to other consumers.
2. Your Obligations
(a) comply with all applicable laws;
(b) not transmit or post any material which is malicious, technologically harmful, spam, in breach of confidence or in any way offensive or obscene;
(c) not breach the security or authentication procedures of the Services, or any network connected to the Services, in an attempt to gain unauthorised access to any part of the Services by hacking, password “mining” or any other illegitimate means; or
(d) not promote any third party business, promotion or website (except as authorised by us) including any spam or junk mail or pyramid scheme.
3. Pricing and payment
3.1. You acknowledge and agree:
(a) delivery costs are charged in addition to the price and will be clearly displayed and included in the ‘total’;
(b) discounts are offered at our discretion and any conditions applicable to the discounts will be specified prior to, or at the time of, payment; and
(c) we try and ensure that all details, descriptions and prices on the website are accurate, however we are not liable for any errors that may occur. If we discover an error in the price or payment of goods you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it and receiving a refund. If we are unable to contact you, we will treat the order as cancelled.
3.2. You will be charged in full at the time of ordering a product by supplying us with a valid credit or debit card issued by a bank acceptable to us, or a valid PayPal account.
3.3. You acknowledge we will perform standard security checks on the payment details you provide. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment and we may contact you, your bank or any other relevant third party to report such unusual activity.
4.1. We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee any firm delivery dates.
4.2. Delivery times may vary and we take no responsibility for delays caused by third party delivery services, strike, fire, flood, failure of suppliers, or any other circumstances beyond our reasonable control.
4.3. We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.4. It may not be possible for us to deliver to certain locations. If this is the case, we will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative address.
5. Risk and title
5.1. The products will be at your risk from the time of delivery to the delivery address specified by you.
5.2. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
6. Cancellations and returns
6.1. We may terminate a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
6.2. If you wish to cancel your order, please contact our customer service team. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with our Returns Policy click here.
7. Intellectual property
7.1. We own, or are the licensee of, the intellectual property rights in the content of the website, including clothing designs, text, photos, graphic designs and images.
7.2. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
8.1. When placing an order, you must provide us with personal information, including your name, address, telephone number, email address and financial information.
8.2. Personal information is held securely, is subject to various security protections and is held only for as long as the information remains relevant to the purpose for which it was collected.
9.1. Our products come with guarantees that cannot be excluded under the Australian consumer law.
9.2. You acknowledge that the products displayed on the website are indicative only and that the products you receive may vary from those displayed according to seasonal availability. In particular, images have been provided for illustrative purposes only and we do not guarantee that any image will be reproduced in true colour nor that any given image will reflect or portray the actual product.
9.3. To the extent permitted by law, our total aggregate liability in connection with these Terms of Business is limited, at our option, to:
(a) in the case of the supply of products:
(i) replacement or resupply of the products; or
(ii) the cost of replacing or resupplying the products;
(b) in the case of the supply of services:
(i) supplying the relevant services again; or
(ii) the cost of supplying the relevant services again;
but in any event will not exceed the fees paid by you to us under the relevant order.
9.4. To the extent permitted by law:
(a) we exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the products or services offered by us or in connection with any act or omission by us (negligent or otherwise); and
(b) our aggregate liability in connection with these Terms of Business, whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed $100.
10. Customer service
10.1. If any parts of the goods sold by us are defective or damaged, you must notify us the customer service team within 7 days of the date of delivery. We may, at our discretion, replace or refund the goods in accordance with our Returns Policy click here.
10.2. We will use reasonable endeavours to respond to all emails within 48 hours. Our customer service team can be contacted on firstname.lastname@example.org
11. General terms
11.1. All prices are in Australian Dollars (AUD).
11.2. Notices required to be given under these Terms of Business may be sent by email, post or in our case, by making the information available through the website.
11.3. Any warranty, indemnity, or obligation of confidentiality in these Terms of Business will survive termination. Any other term which by its nature is intended to survive termination of these Terms of Business survives termination of these Terms of Business.
11.4. These Terms of Business set out the entire agreement between you and us relating to the supply of the Services and supersedes any other discussions and communications.
11.5. Any failure by us at any time to enforce these Terms of Business or any rights will not be a waiver of such rights, or affect the validity of these Terms of Business.
11.6. If any provision of these Terms of Business are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Business and the remaining terms and conditions will be unaffected.
11.7. These Terms of Business are governed by and construed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Business.