EDITIONSS GROUP – E-COMMERCE TERMS AND CONDITIONS

OUR DISCLOSURES

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are:

• Our liability under these Terms is limited as set out in clause 8.

• Subject to your Consumer Law Rights, we do not provide change-of-mind refunds, as set out in clause 7(a).

• We may receive a benefit, including a referral fee or commission, if you visit certain third-party websites through a link on the Site or for featuring certain products or services.

Nothing in these Terms limits your rights under the Australian Consumer Law.

1. INTRODUCTION

Editionss (Site) is operated by EDITIONSS GROUP PTY LTD ATF EDITIONSS GROUP Trust (ABN 11 886 893 440) (we, our or us) and powered by Shopify.

These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

1. USE OF THE SITE

(a) You accept these Terms by placing an order through the Site.

(b) You must not use the Site or place an order for products through the Site unless you are at least 18 years old.

(c) When using the Site, you must not do or attempt to do anything unlawful or inappropriate, including:

(i) anything that would constitute a breach of an individual’s privacy, including uploading private or personal information without an individual’s consent, or any other legal rights;

(ii) using the Site to defame, harass, threaten, menace or offend any person;

(iii) using the Site for unlawful purposes;

(iv) interfering with any user of the Site;

(v) tampering with or modifying the Site, including by transmitting viruses or using trojan horses;

(vi) using the Site to send unsolicited electronic messages;

(vii) using data mining, robots, screen scraping or similar data-gathering and extraction tools on the Site; or

(viii) facilitating or assisting a third party to do any of the above acts.

1. ACCOUNTS

(a) You may create an account to purchase products from our Site. This will allow you to keep track of your order history. You do not have to create an account to purchase products from our Site.

(b) We may allow you to register for an account using a social media account. If you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings.

(c) You must ensure that any personal information you give us when creating an account is accurate and up to date. All personal information you give us will be treated in accordance with our Privacy Policy.

(d) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

1. PRE-SALE

(a) We collaborate with influencers, brands and businesses (Seller) to sell their branded products on our Site. All products are sold on a pre-sale basis unless otherwise stated on our Site.

We act as an intermediary. Subject to your Consumer Law Rights, if you have an issue with a Seller’s products, we may need to liaise with the Seller.

(b) From time to time, we will launch pre-sales with a Seller. Each pre-sale will be available for a limited period, as set out on the Site (Pre-sale Period).

(c) If you place an order for products through our Site, you are making an order to purchase the products for the price listed on the Site, including any delivery fees, charges and applicable taxes.

(d) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after the order is placed.

Once we accept an order, a binding agreement is formed for the supply of the products to you in accordance with these Terms.

(e) It is your responsibility to check the order details, including the selected products, delivery details and pricing, before submitting your order.

(f) We may display the date on which a product is expected to be available for dispatch. These dates are estimates only. We will not be liable for delays in a product becoming available for dispatch or for any inaccuracy in an estimated date.

(g) You may cancel your order only during the applicable Pre-sale Period. After the Pre-sale Period ends, we will not accept cancellations or provide change-of-mind refunds.

(h) We may cancel an order at any time before delivery and for any reason, including where:

(i) there is a considerable delay in dispatching your order;

(ii) we cannot supply the products you ordered due to an event beyond our reasonable control; or

(iii) the products were subject to an error on our Site, including an error in their description, price or image.

If we cancel your order, we will contact you using the details you provided when placing the order.

1. PRICE AND PAYMENTS

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs displayed on the Site (Price), in accordance with this clause.

All amounts are stated in Australian dollars. Australian GST, where applicable, will be set out separately. You are responsible for any customs duties or taxes charged on the Price.

(b) You must pay the Price upfront using one of the payment methods available on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit or credit card, you warrant that you are authorised to use that card.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of a third-party provider and that your use of its payment method may be subject to additional terms and conditions.

(e) We may issue promotional discount codes for certain products from time to time.

(f) To claim a discount, you must enter the applicable promotional discount code when submitting your order through the Site.

(g) The conditions applying to promotional discount codes will be set out on the Site.

We may also run competitions on the Site or through social media. These competitions will be subject to terms and conditions made available at the time of the competition.

1. DELIVERY, TITLE AND RISK

(a) Delivery of products will typically begin six weeks from the date the applicable Pre-sale Period ends.

(b) Where possible, we will deliver the products to the delivery address you provide when placing your order.

We currently deliver to the locations set out on the Site. Please refer to the delivery information on the Site to ensure you are within our delivery area. If you are not within our delivery area, please contact us to discuss possible delivery options.

(c) We may provide you with a link to track your order. Any delivery periods displayed through the tracking link or on the Site are estimates only and are based on information provided by the delivery company.

International shipping may take longer than the delivery periods displayed on the Site.

(d) We deliver products using a range of delivery methods. You may need to sign for some deliveries. You may also have the option for our delivery partner to leave the products in a safe place or at your nearest post office for collection.

(e) Title and risk in the products will pass to you as soon as they are delivered to the address provided in your order.

Until title passes to you, you must not do anything that seeks to create an encumbrance, lien, charge or other interest in or over the products.

1. AUSTRALIAN CONSUMER LAW

(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

(b) Nothing in these Terms attempts to modify or exclude any conditions, warranties, undertakings or other legal rights provided under the Australian Consumer Law (Consumer Law Rights).

In Australia, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the products replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Any warranties or conditions that are not guaranteed under the Australian Consumer Law are expressly excluded where permitted, except to the extent that those warranties and conditions are expressly included in these Terms.

(c) If you have an issue with a Seller’s products, we may need to liaise with the Seller before providing you with a solution.

(d) Where you return products to us to seek a remedy under the Australian Consumer Law, you will need to cover the associated costs of returning the products to us.

(e) Where your claim is valid under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund the Price paid for the relevant product.

Please contact us for further information.

1. LIMITATIONS

Despite anything to the contrary, but subject to your Consumer Law Rights and to the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) each Party’s liability under these Terms will be reduced proportionately to the extent that the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and

(c) our aggregate liability arising from or in connection with these Terms, including the products and the subject matter of these Terms, will be limited to and must not exceed the portion of the Price paid by you for the products that are the subject of the relevant claim.

1. INTELLECTUAL PROPERTY

(a) You acknowledge and agree that any intellectual property, including copyright and trademarks, developed, adapted, modified or created by us or our personnel in connection with these Terms, the Site or the products (Our Intellectual Property) will at all times vest in or remain vested in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including to advertise your own business, for resale or for any other revenue-generating activity.

(d) You must not, without our prior written consent:

(i) copy any of Our Intellectual Property, in whole or in part;

(ii) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to a third party; or

(iii) breach any intellectual property rights connected with the Site or the products, including by altering or modifying Our Intellectual Property, causing Our Intellectual Property to be framed or embedded in another website, or creating derivative works from Our Intellectual Property.

(e) Nothing in this clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(i) you do not claim to own Our Intellectual Property;

(ii) unless explicitly agreed by us in writing, you do not claim to be endorsed or approved by us;

(iii) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(iv) you comply with all other provisions of these Terms.

1. GENERAL

Disputes

A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek, in good faith, to resolve the dispute.

If the dispute cannot be resolved, the Parties agree to engage a mediator. The costs of the mediation will be shared equally.

Nothing in this clause prevents a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Notices

Any notice given under these Terms must be in writing and addressed to us using the contact details set out below, or to you using the details provided when you submitted your order or created your account.

A notice may be sent by standard post or email and will be deemed to have been served:

(a) 48 hours after posting, in the case of standard post; or

(b) at the time of transmission, in the case of email.

Force Majeure

Neither Party will be liable for a delay or failure to perform its obligations under these Terms if that delay or failure is caused or contributed to by a Force Majeure Event.

The Party seeking to rely on this clause must, as soon as reasonably practical:

(a) notify the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations; and

(b) use reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

Feedback and complaints

We are always looking to improve our services. If you have feedback or a complaint, please contact us using the details below. We will take reasonable steps to address your concerns.

Assignment

You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Amendments

We may vary these Terms at any time and at our discretion by publishing the amended terms on the Site.

Before placing an order, we recommend that you carefully read the Terms in effect at that time to ensure you understand and agree to them.

For an order that has already been accepted, the terms and conditions that apply will be those in effect when you placed the order.

Governing law

These Terms are governed by the laws of Victoria, Australia.

Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts. Each Party waives any right to object to proceedings being brought in those courts.

Third-party sites

The Site may contain links to websites operated by third parties.

Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations regarding the suitability of those websites.

If you purchase goods or services from a third-party website linked from the Site, the third party provides those goods or services to you, not us.

We may receive a benefit, including a referral fee or commission, if you visit certain third-party websites through a link on the Site (Affiliate Link) or for featuring certain products or services on the Site.

We will make it clear where we receive a benefit for featuring a product or service or where a third-party link is an Affiliate Link.

1. DEFINITIONS

Consequential Loss means any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether under statute, contract, equity, tort, including negligence, indemnity or otherwise.

Consequential Loss also includes any real or anticipated loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation or use, and any loss or corruption of data.

The Parties agree that your obligation to pay us the Price under these Terms will not constitute Consequential Loss.

Force Majeure Event means any event or circumstance beyond a Party’s reasonable control.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment, whether arising under statute, contract, equity, tort, including negligence, indemnity or otherwise.

Liability may be direct or indirect, present, unascertained, future or contingent and may involve a third party or a Party to these Terms.

Pre-sale means the sales model under which products are offered for purchase before they are manufactured or readily available for immediate shipping.

CONTACT DETAILS

For questions and notices, please contact:

EDITIONSS GROUP PTY LTD ATF EDITIONSS GROUP Trust
ABN: 11 886 893 440
Email: accounts@editionss.com