Terms & Conditions

TERMS AND CONDITIONS

Terms and Conditions outlined here form the contract between the customer (any one buying products from greenunderwear.com.au web site) and www.greenunderwear.com.au. Please read these Terms and Conditions carefully before placing an order with Green Underwear as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

In addition to these Terms and Conditions, other important conditions may be applicable to your order, such as the Return Policy.
If you do not understand these Terms and Conditions or Return Policy, if you have any questions, please contact our Customer Service Centre on 1300 547 336 or email us at info@greenunderwear.com.au and our customer service team will assist you.

2-DEFINITIONS

2.1- The following definitions are used in our Terms and Conditions.

Business Days means a weekday, in which banks are open for business in Sydney Australia.
Delivery Address means the address to which the goods are to be delivered as stated on the electronic order form on the website.
Delivery Contractor means any nominated third party delivery or shipping company assigned by green underwear.
Delivery Fee means the fees charged by the Delivery Contractor of Green Underwear for the delivery of goods.
Gift Voucher means an electronic gift voucher through use of which you or a recipient may make non-cash payments for part of the goods from Green Underwear.
Goods/items means the products offered for sale, described or displayed on the greenunderwear.com.au website.
GST means goods and Services Tax. It is a broad based tax on the supply of most goods and services consumed in Australia. The GST rate is currently 10%.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of policy recognized and enforced by judicial decision.
Order means an application by you to purchase goods from green underwear in accordance with these Terms and Conditions. Each order is considered as separate transaction.
Price means the purchase price of each goods as specified on the website including GST.
Privacy Policy means the Green Underwear Privacy Policy found on the website.
Returns Policy means the Green Underwear Return Policy.
Terms and Conditions means the contents of this document, which may be subject to changes from time to time.
Website means http://www.greenunderwear.com.au
Website Terms means the terms and conditions governing your use of the website, in addition to these Terms and Conditions
We/us/our/green underwear/greenunderwear.com.au means Green Underwear.
You /Your/Customer/user means the purchaser of goods from Green Underwear pursuant to these Terms and Conditions.

3- COMPLIANCE WITH TERMS AND CONDITIONS

3.1- You agree to be bound by these Terms and Conditions each time you submit an order.

4. PLACING ORDERS FOR GOODS

4.1- You may place an order through the website by submitting the electronic order form on the website.
4.2- An order submitted by you on the website is an offer by you to purchase goods for the Price (plus any Delivery Fee) as specified at the time you submit your order.
4.3- Each Order you place will be a separate and binding agreement between you and Green Underwear with respect to the supply of Goods, in accordance with these Terms and Conditions
4.4- In completing the electronic order form, you agree to provide complete and accurate information as to your personal details or those of your nominated recipient (for gifts etc.) to enable the processing and delivery of your order. This information will also be used by the Delivery Contractor to fulfil your order. Green Underwear will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you.
4.5-You agree to obtain consent from the recipient of a gift when providing their personal details to Green Underwear.
4.6- You must check your order carefully prior to submitting your order with us. Once you submit your order, cancellations of your order or changes to the items in your order may only be made by agreement. However, we will allow you to return goods in accordance with the Return Policy.
4.7- Where you place consecutive or separate orders for goods, we cannot consolidate the orders into one. A separate Delivery Fee will apply to each order where applicable.
4.8- You will be provided with an automatic order number upon submission of your order to the website. The order number is required when contacting our Customer Service Centre.

5. ACCEPTANCE AND REJECTION OF ORDERS

5.1- Green Underwear will endeavour to process orders on a timely basis. However green underwear also reserves the right to accept or reject your order for any reason at any time and does not need to give explanation for rejection. Green Underwear will not be liable for any loss or damage directly or indirectly for the rejection of your order.
5.2- When we accept an order, it represents an agreement by Green Underwear to supply you the goods in accordance with the order and our Terms and Conditions.
5.3- Where we reject an order and your payment for the goods has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Green Underwear is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
5.4- You may order from Green Underwear if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
5.5- If we are unable to contact you in relation to your order under these Terms and Conditions using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order in accordance with this clause 5.1
5.6- In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6. AVAILABILITY OF GOODS

6.1- You acknowledge and agree that from time to time, some goods on the website may be out of stock or unavailable and we may not be able to fulfill all or part of your order. If this occurs, Green Underwear will contact you within ten (10) Business Days to arrange a full or partial refund. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Green Underwear is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
6.2- We reserve the right to withdraw or suspend any item displayed on the website from sale either temporarily or permanently at any time without notice to you. Green Underwear will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular good.
6.3- Where your order is affected by an error on the website (for example, in relation to a description of goods, an image, price or otherwise), we will reject the part of the order that is the subject of the error in accordance with clause 6.1. If applicable, Green Underwear will proceed to fulfil the remainder of your order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your order, you can return your order to us in accordance with the Return Policy.

6.4 You acknowledge and agree that:

all pictures and images of goods displayed on the website are for illustration purposes only. The sizes and dimensions of goods may differ in real life;
you have read any corresponding written description of the goods prior to submitting your order;
the colour of goods as shown on the website may vary slightly in shade in real life;
where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order;
if there are any accessory featured with the goods these are for illustration purposes only.

6.5- Layby is not available for purchases made on the website.

7- PRICE AND PAYMENT

7.1- The Price in respect of a good is specified on the website.
7.2- All Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
7.3- Green Underwear reserves the right to change or alter prices of goods on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in pricing (provided your order is not affected by a pricing error).
7.4- In respect of any order, we will charge you and you agree to pay following:

The Price (which is the Price at the time the order is submitted);
The Delivery Fee (if any).

7.5- You can pay for your goods by any of the methods specified on the electronic order form on the website from time to time, which includes but are not limited to direct debit, money order or Pay Pal. When paying by credit card, you authorise Green Underwear to debit your nominated card at the time you submit your order. The name on the credit card used for the payment must match the name on the order.
7.6- You acknowledge and agree that any payment in respect of an order must be cleared by Green Underwear before goods which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your order.
7.7 -You will receive a tax Invoice by email once payment in respect of your order has been processed.
7.8- Green Underwear uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

8- DELIVERY

8.1- Green Underwear uses Delivery Contractors to deliver your goods. You agree to your details including your Delivery Address to be supplied to the Delivery Contractor for the purpose of delivering your goods.
8.2- You should refer to our home page section of the website for the applicable Delivery Fee for the goods as the latest delivery charges are displayed in a banner.
8.3- Indicative delivery time frames are set based on Australia Post delivery times for registered post parcels. Which is usually 2-3 days between major metropolitan areas.
8.4- You acknowledge and agree that despite anything else might be stated on the website:

(i) Green Underwear cannot guarantee that delivery will occur in the stated delivery time frames;
Delivery time frames may change from time to time due to unforeseen circumstances
Green Underwear is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

8.5- Delivery of goods will take place at the delivery address specified by you during the order process. You will need to submit a separate order for goods where you require multiple delivery destinations.
8.6- If we are unable to deliver your goods to the delivery address due to the size of the package or because there are restrictions on access to the delivery address or it is unsafe or impractical to make delivery, an attempted delivery card will be left for you to collect the goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the attempted delivery card.
8.7 Where you do not collect your goods from the Australia Post office within 10 days of a failed delivery, you must contact our Customer Service Centre on 1300 547 336 or email us for further information with respect to claiming your order. If goods are required to be redelivered, And although items might have been bought originally with free delivery promise you will be required to pay any associated fees for re-delivery.
8.8 Upon delivery, you must inspect your goods and check that the goods delivered match your order. If there is obvious damage to the goods due to transit, you must contact our Customer Service Centre as soon as practicable on 1300 547 336 or email us at info@greenunderwear.com.au. If the goods are not as ordered, you may return the goods to us in accordance with the Return Policy. If goods are missing from your order, you may call our Customer Service Centre, or return the order in accordance with the Return Policy. You must let us know about any damaged, missing and incorrect goods as soon as possible. Any goods replaced under the Return Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
8.9-Insurance is only valid up to $100 and express delivery is not available in respect of your Order.

9. ORDER CANCELLATIONS AND RETURNS

9.1. Orders may be canceled subject to you notify our customer service on telephone before we dispatch your order. You will, however, be able to return goods in accordance with the Return Policy.
9.2. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Green Underwear is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your order.

10. PROMOTIONS AND DISCOUNTS

10.1-You may receive online offers and promotions, which can include a promotional or coupon code (Code) to use when shopping at Green Underwear. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Green Underwear. Any Code is non-transferable and may not be used in conjunction with any other offer.

11. PRIVACY

11.1- Personal Information, such as your contact details, that you provide to us during the order process will be kept and used by us for the purpose of processing your order in accordance with our Privacy Policy.

12. WARRANTIES YOU MAKE TO GREEN UNDERWEAR

12.1- You represent and warrant to Green Underwear that:

All information (including Personal Information) and data provided by you to us through the website is true, accurate, complete and up to date, and where applicable you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Green Underwear.
Any nominated representative receiving the goods on your behalf at the Delivery Address is duly authorised by you to do so;
You are over the age of 16;
In placing your order, you have read and agree to these Terms and Conditions;
In placing your order, complied with all Laws.

13. GREEN UNDERWEAR'S LIABILITY TO YO

13.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our website.
13.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Green Underwear excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions.
13.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

14. TERMINATION

14.1- Green Underwear reserves the right to, at its discretion, terminate your access to and use of the website.

15. GENERAL

15.1- Green Underwear reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from the moment of its posting to the website. The Terms and Conditions, which apply at the time of order, are those that are applicable to that order.
15.2- Some provisions of these Terms and Conditions may be prohibited or unenforceable in any jurisdiction will be deemed ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. However that infectivity does not invalidate the remaining provisions of the Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.3- Green Underwear may give notice to you by electronic mail. You may give notice to Green Underwear by electronic mail to our Customer Service Centre at info@greenunderwear.com.au.
15.4- A failure or delay by Green Underwear to exercise a condition or right under these Terms and Conditions does not constitute as a waiver of that condition or right, and the exercise of a condition or right by Green Underwear does not prevent its future exercise or the exercise of any condition or right.
15.5- The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Sydney, New South Wales.