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- 7 Reasons you Should Shop with The Fat Section
The Fat Section has been a long time coming. It is a celebration of our amazing curvaceous bodies, fashion & variety. Shopping with us really is a win, win! You get to step out side of your comfort zone and explore your style, save money and best of all you are helping our precious earth. We understand that preloved shopping is still foreign for many, we encourage you to give it ago and like us you will become addicted! Here are 5 Reasons you should shop with The Fat Section: We do the rummaging & handpick every item! You could say Rummaging is one of our forte's, we are self proclaimed professional fashion hunters! Rummaging is our business. You will only see the best of the best on the Fat section. We only pick what we would be happy to wear/buy. We are super picky with the items that we select for our store. There are many things that we consider before an item is suitable to offer for sale. Style, Quality, Condition, Season & affordability. It is very important to us that we deliver on each of these every time! When picking items for our store we keep an open mind so that we have something for everybody, all occasions and styles! We know you will find something you love! Our range of styles, sizes & brands are impressive We are not limited to brand, trends or anything really. This means we have full control over the range that we have for sale. Most of our pieces are one offs so you can be almost certain you wont run into any outfit imposters at your next event. We aim to have a good selection of different styles, colors, textures, patterns & most importantly SIZE. Our size range is from a 14/16 up. I am always hunting for sizes beyond 24 which unfortunately are a little harder to come by! This is a huge issue, if you can make a garment in 1 size you can make them in all but this is a topic for another day! Check out our favourites here We place a huge emphasis on affordability This should be a given when shopping preloved, especially with The Fat Section. We pride ourselves on our affordable prices because we want everybody to have access to our items. You better believe that you can get a head to toe outfit for under $100! You don't have to compromise on quality or settle anymore, we have quality fashion at affordability/sensible prices. Our Message Our Mantra is simple! Wear whatever you want, love your self, flaunt your confidence, be proud of your beautiful body & help others to feel amazing! Our goal is to help desensitise the word fat & change the stigma surrounding it. Fat = brains, beauty, worthy, deserving, damn sexy! Join us in our mission, no fat person left behind! Red Carpet Service We understand how important it is to be available when you need our help. There is nothing worse then being promised the world and then swept under the rug. We have been there, many times! you can reach us via email, on our socials and on the contact us page on our website. We will always respond ASAP and want to work with you to make sure you are 100% satisfied. Environment Preloved fashion is gaining a a lot popularity, not just because its trendy but because it is a lot kinder on our earth in the long run. The environment is definitely a hot topic and for good reason. Fast fashion is the 2nd largest contributor of the worlds total waste. With that in mind all of our items are preloved, even the new ones with tags had previous homes. The items have already been purchased - we are prolonging their lifecycle significantly and keeping them out of landfill that little big longer. This is why we offer fast fashion brands in our store, they are already in circulation so why not? Supporting Small Business & Women in Business We are a small business. Your support means that we can continue to grow. We have so many exciting projects planned but without your support they are not possible. One of our drivers for starting our business was the prospect of working with other women & supporting small businesses. We will always be looking for ways to support other women in our community. Please let us know of any worthy causes you think align with our values!
- THE FAT SECTION - AUSTRALIA'S PRE LOVED PLUS SIZE STORE
Hi I'm Maria, Owner of The Fat Section - Welcome to Australia's Plus Size Preloved Boutique. Did you know that less than 10% of Fashion Brands offer a plus size range? I know I am not alone in thinking that fashion is so much more than a size! There is no wonder we are left scratching our heads wondering "where is the fat section?!" By the time you have read this, I hope that you are inspired and excited to shop again knowing we have your size, exciting pieces, some of your favorite brands & best of all we are affordable. Not to mention that buying preloved is simply better for the earth. I've experienced endless buyer's remorse because of settling for whatever I can find. Its daunting to even imagine all the time I have spent rummaging through racks of hideous clothing with the occasional tantrums! Where are the affordable quality plus size clothes at? Why are they so hard to come by? When I tell you that I could have a degree in shopping by now believe me, or just ask my husband! I love nothing more than escaping my 3 children and hubby to spend my (his - what's his is mine, ya know?) hard-earned cash on fabulous clothes. So, I turned my passion for fashion into my business, and now I do not need excuses to shop because “this is business” …. Genius, right? Let us take care of the rummaging, sourcing & collecting so that all you have to do is browse our store, add to cart & rock your new outfit stress free!! So, let our love of fashion, "plus size status" and addiction to shopping unite us. It is my vision is to create an online community of confident sexy and fashion forward plus size women who are not scared to shop. All the fun stuff aside, we can all help to significantly reduce our footprint by shopping preloved. I truly hope that you love our store and items and that you find something to make you feel incredible, we all deserve that!! Tell your mums, sisters, aunts, co-workers, anyone that will listen - you have found the answer and that is “The Fat Section” Happy Shopping!!
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- Online Shop Terms & Conditions | The Fat Section
THE FAT SECTION ONLINE SHOP TERMS AND CONDITIONS These Terms and Conditions apply to the ordering, purchase and delivery of Products available for sale on The Fat Section ABN 25 102 787 862 (The Fat Section, we, us, our) Online Shop which can be found at http://www.thefatsection.com.au/ and http://www.thefatsection.com/ (Online Shop). The Online Shop is part of The Fat Section website (the Website) and there are additional terms and conditions that apply to general use of the Website and our Online Shop, which can be accessed at http://www.thefatsection.com.au/ and http://www.thefatsection.com/ (or any replacement web page from time to time) (Website Terms of Use). These Terms and Conditions should be read in conjunction with the Website Terms of Use. By clicking 'I accept', 'I agree' or other similar wording, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must stop using the Online Shop. By clicking 'I accept', 'I agree' or other similar wording, you warrant and represent to The Fat Section that you are legally entitled to do so and are an adult over the age of eighteen (18). We may modify these Terms and Conditions without providing notice to you, by posting an updated version of the Terms and Conditions on our Website. Any modifications become effective when they are first published on our Website and only apply to use of the Online Shop and Orders made after these Terms and Conditions have been modified. If you have agreed to receive communications from us via email, we may notify you of modifications to the Terms and Conditions via the email address which you gave us to receive email communications from us. If these Terms and Conditions are amended, then your continued use of the Online Shop constitutes acceptance of the updated Terms and Conditions. We recommend that you regularly check these Terms and Conditions for any amendments. If you do not understand these Terms and Conditions or if you have any questions, please email us at maria@thefatsection.com, and one of our representatives will be happy to assist you. You should BE AWARE OF SEVERAL key terms This summary is designed to assist you by disclosing certain key terms that affect you. However it is not a substitute for reading and understanding the Terms and Conditions. Please contact us if you have any questions. Limitations of our liability The Fat Section's liability to you and certain third parties is limited under the Terms and Conditions (to the extent permitted by law and subject to the Australian Consumer Law). These limitations of liability generally apply where Loss or liability is caused by: your use of the Online Shop or the Product(s); The Fat Section rejecting an Order; any discontinuance or suspension of a Product; you providing us with an incorrect Delivery Address or because we are unable to change your Delivery Address; circumstances outside The Fat Section's reasonable control; any delay in the delivery or change in delivery times of the Product(s); any delay in processing a refund, store credit, return or exchange due to you; or your act, omission or breach of these Terms and Conditions. Your liability You will be liable for any charges incurred by us that are caused by your failure to state the Delivery Address correctly (for example, redelivery fees). Personal Information We may disclose your personal information to our third party service providers to enable us to provide and deliver the Products to you or another recipient. Definitions Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time. Business Day means any day other than a Saturday, Sunday, public holiday or bank holiday in Sydney (NSW). Confirmation Email has the meaning given in clause 7.4. Consumer has the meaning given in section 3 of the Australian Consumer Law. Consumer Guarantees has the meaning given in clause 9.1. Delivery Address has the meaning given in clause 8.2. Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning. New With Tags Product means an item which has never been worn and has its original tags (and may sometimes still come in its original packaging. New Without Tags Product means an item which has never been worn but is missing its original tags, does not come in its original packaging, or both. Order means an offer made by you to purchase any Products available on the Online Shop. Order Date has the meaning set out in clause 7.4. Payment Partner means third party payment platform or gateway used and authorised by The Fat Section to facilitate or process payments made by you on the Online Shop. Pre-Loved Product means an item which is second-hand and has previously been worn. Product(s) means any and all goods advertised, sold, distributed and promoted by The Fat Section or any third party on the Online Shop, including Pre-Loved Products, New With Tags Products, New Without Tags Products and Sale Products. Sale Product means a Product that is being advertised and sold at a reduced price for a limited time and while stocks last. Compliance with these Terms and Conditions You must comply with these Terms and Conditions when accessing and using the Online Shop. Products We offer the following Products: New With Tags Products; New Without Tags Products; Pre-Loved Products; and Sale Products. Each Product will be: identified on the Online Shop using the categories in clause 3.1; and accompanied by a detailed description, including the condition of the Product. Placing Order for Products You may order Products through the Online Shop either using your registered account with us, or as a guest. You may order Products by selecting and submitting your Order, through the Online Shop in accordance with the online order form provided on the Online Shop and these Terms and Conditions. The Fat Section reserves the right to accept or reject any Order, or part of any Order, made by you on any reasonable grounds. We are not responsible or liable to you for any Loss you or any third party suffers as a result of the rejection of an Order. We will notify you if your Order has been rejected either on the Online Shop or by using the email address you provide to us. The Fat Section only accepts Orders from customers located in Australia. Descriptions and Availability of Products Descriptions of Products advertised, provided and made available on the Online Shop are subject to change at any time without notice. While we will use reasonable endeavours to do so, and subject to clause 9, we do not guarantee that the information contained on our Online Shop is always accurate and up-to-date. For example, the colour of Products can differ slightly from the images displayed due to exposure and lighting. Please note that for display purposes, some Products may have been featured with additional props, for example, bags, hats, sunglasses, jewellery, shoes, plants, furniture or a cinema box light. Please refer to the Product description accompanying each Product. Unless something is listed in the Product description, it is not included in the purchase of a Product. From time to time, we may provide sizing recommendations for clothing Products on the Website. These recommendations are a guide only. We will not be liable for any reliance you place on these recommendations. Please contact us if you require exact measurements of any Product(s) prior to purchase. If a Product does not fit as you intended, you may not rely on our sizing recommendations in order to request a refund or store credit. Where available, we may provide an exchange of the Product for the same item in a different size, however please note that this may not be possible as we very rarely stock two of the same Product. We reserve the right, in our sole discretion, to limit the amount of time a Product may remain in your shopping cart. Please note that we rarely stock two of the same Product. If any Product in your Order is out of stock or unavailable, we will use reasonable endeavours to contact you within three Business Days of us receiving the Order to arrange an exchange or refund. If we are unable to get in contact with you within seven Business Days of us receiving the Order, we will provide a refund to you for the Product via the payment method you originally used to pay for the Order. We reserve the right to discontinue or suspend the sale of any Product on the Online Shop at any time, without notice to you. Subject to clause 10.9, we disclaim and exclude any liability resulting from the discontinuance or suspension of any Product. We reserve the right to cancel any promotion, discount, coupon or incentive before its stated expiry date at any time, without notice to you. Subject to clause 10.9, we disclaim and exclude any liability resulting from any such cancellation. We reserve the right to correct any errors to descriptions, pricing, and any other information related to a Product displayed on the Online Shop. Such changes will not apply to Orders that were accepted by us prior to the correction. Consistent with clause 4.3, we reserve the right to reject any Order, or part of any Order, on the basis of a pricing error displayed on the Online Shop, in which case we will provide a refund for the relevant Product(s) via the payment method you originally used to pay for the Order. Price All prices displayed on the Online Shop are quoted in Australian Dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise. Prices indicated on the Online Shop for each Product do not, unless otherwise expressly stated, include delivery charges. Delivery charges are shown at the checkout. All prices contained on the Online Shop are subject to change at our sole and absolute discretion without notice to you. However, you will only pay the price for the Products which are identified on the Online Shop at the time of your Order. Consistent with clause 4.3, we reserve the right to reject any Order, or part of any Order, on the basis of a pricing error displayed on the Online Shop, in which case we will provide a refund for the relevant Product(s) via the payment method you originally used to pay for the Order. Payment Payment may be made by credit card, debit card or PayPal. We use Payment Partners to process payments made on the Online Shop. Payment of the full price of an Order (including applicable GST, other taxes and delivery charges) must be received by our relevant Payment Partner before we can accept your Order. If payment cannot be processed, your Order will be rejected and you will be notified of this on the Online Shop or to the email address you provide. After your payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the total amount paid by you (Confirmation Email). The date of this Confirmation Email will be deemed to be the date of the Order (Order Date). Delivery We deliver Product(s) ordered from the Online Shop within Australia only. The Product(s) included in your Order will be shipped to the delivery address specified in your order form (Delivery Address). If you do not state the Delivery Address correctly, you will be liable for any extra charges incurred by us (for example, redelivery fees). We will aim to ship the Product(s) included in your Order within three to five Business Days of the Order Date, noting that Orders will be shipped every Tuesday and Thursday of each week. However, you acknowledge and agree that Product(s) may not be available for immediate delivery and we are unable to warrant that this timeframe will always be met. We will not be liable for any Loss suffered by you or any third party, directly or indirectly, as a result of any delay in the delivery or change in delivery times of the Product(s) due to factors beyond our control. If we are unable to ship your Order for delivery to you within three to five Business Days of the Order Date, we will contact you using the email address you have provided to us. We deliver Products using Australia Post and once we have shipped your order, we will send you an email to confirm that the Product has been shipped, which will also contain the relevant tracking number. We do not ship Products using express post. You may request changes to the Delivery Address by contacting us at maria@thefatsection.com at least 24 hours before the scheduled shipping date specified in the Confirmation Email. However, you acknowledge that we may not be able to accommodate all change requests and we reserve the right to decide whether to allow the requested change to the Delivery Address. If your Order has been shipped and we are unable to make a requested change to the Delivery Address, we will not be responsible for any Loss suffered by you as a result of the Product(s) being delivered to the original Delivery Address you provided to us. Consumer Guarantees Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified. Order Cancellations, Refunds and Returns The Returns process provided in this clause 10 is in addition to any further rights you may have under the Australian Consumer Law and subject always to clause 9. Our goods 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 goods repaired or replaced if the goods otherwise fail to meet a consumer guarantee in the Australian Consumer Law. If you have made a mistake when placing your Order and wish to cancel it, please immediately email us at maria@thefatsection.com . An Order cannot be cancelled once Product(s) have been shipped. If your Order is successfully cancelled, we will provide you with an equivalent store credit. This store credit will be issued as a voucher code to the email you have provided to us and will be valid for 12 months from the date it is issued. Please choose your Product(s) carefully as, subject to clause 10.2, we will not provide a refund or store credit or exchange because you have changed your mind. We always do our best to package Products appropriately to avoid any damage. If, however, the Product(s) you have ordered arrive damaged or faulty, please email us within 10 days of the Products being delivered at maria@thefatsection.com and provide evidence of the damage or fault. Subject to clause 10.5, if we are satisfied (acting reasonably) that you have provided reasonable evidence of the damage or fault, you may elect to receive either: store credit of the equivalent amount; a refund of the full amount; an exchange up to the equivalent amount; or a replacement of the Product (if available). Please note, however, that since we rarely stock two of the same Product, we will not usually be able to offer a replacement. If a replacement Product is not available, we will issue a full refund. We may require the Product(s) to be returned via post before issuing you with a remedy under clause 10.4. If we do so, we will ask you to mail the Products back to us. You will need to mail the Products at your own expense and we will reimburse you for your reasonable return postage costs. You will only receive a store credit, refund, replacement (if possible) or exchange once we have received the Products and are satisfied, acting reasonably and in accordance with clause 10.7, that you are entitled to a store credit, refund, exchange or replacement (if possible). If you have ordered a Product that does not fit you (unless you had contacted us for exact measurements of a Product and we had provided you with incorrect measurements prior to purchase), we may, at our discretion, offer you an exchange for an equivalent store credit. You will need to mail the Product back to us at your own expense. You will only receive a store credit once we have received the Product and are satisfied, acting reasonably and in accordance with clause 10.7, that you are entitled to a store credit. The store credit will be issued as a voucher code and sent to the email address that you have provided to us and will be valid for 12 months from the date it is issued. Where you are required to return the Product(s) via post under clause 10.5 or 10.6, the Product(s) will only be accepted for a remedy under clause 10.4 or 10.6 if: all original tags (if any) are intact; the Product is in its original packaging (if any); and the Product is not damaged or is in a physical state not otherwise specified in its description at the time you placed the Order. If a Product is lost during shipment, we will ship a replacement (depending on the availability of the Product) six weeks after the date the Product was dispatched. For clarity, a product will not be considered to be lost during shipment if there is a considerable delay in delivery but package tracking indicates that the Product has not in fact been lost. Please note that we very rarely stock two of the same Product and if a replacement Product is not available, we will issue a full refund. We will contact you to provide a full refund in respect of your Order if payment has been processed but we are unable to provide or otherwise deliver your selected Product(s) for any reason. Warranties You represent and warrant to The Fat Section that: all information supplied by you to us is true, accurate, complete and up to date; if you are providing the personal information of another person, you have obtained consent from that other person to do so; you are above the age of eighteen (18) and have capacity to enter into a contract of purchase; you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and you are not acting in contravention of any law or regulations. Exclusion and limitation of liability To the extent permitted by law and subject to clause 9, The Fat Section excludes from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void). To the maximum extent permitted by law and subject to clause 9, The Fat Section disclaims all liability (including any indirect, special, incidental or consequential damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use of the Online Shop or the Product(s). We will not be liable to you for any Loss which you or any third party may suffer as a result of any delay beyond our reasonable control in processing any refund, store credit, return or exchange due to you under these Terms and Conditions. Privacy By clicking 'I accept', 'I agree' or other similar wording, you agree to receive communications from us regarding your Order in accordance with these Terms and Conditions. Unless restricted by applicable law, you agree that any and all personal information and other data relating to you collected by The Fat Section from the Online Shop from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Terms and Conditions, the Website Terms of Use and legislation governing the collection, use and storage of personal information (including but not limited to the Privacy Act 1988 (Cth)). When you place an Order we will collect your personal information from you and the personal information of the recipient of an Order (if this is someone other than you). If you do not provide all the information we request or need, we may not be able to process your Order. We may disclose this personal information to: any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes of providing the Products to you and operating The Fat Section including to respond to complaints or investigate issues should they arise; and our third party service providers to enable us to deliver the Products to you or another recipient. You represent and warrant to us that: the personal information you provide to us is complete and accurate; and you have obtained the consent of all recipients of an Order: for their personal information to be used by The Fat Section and our service providers to prepare and deliver Products to those recipients; and to receiving Products and associated communications from The Fat Section and our service providers. Interpretation To the extent there is any inconsistency between any of the terms in the following documents: these Terms and Conditions; and the Website Terms of Use, the Terms and Conditions will apply to the extent of the inconsistency. General Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms and Conditions remain in force and constitute a binding agreement between you and The Fat Section. Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties. No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy. Entire agreement – These Terms and Conditions, including the Website Terms of Use, the Privacy Policy and any other additional terms which may be applicable at different stages of usage of the Online Shop, contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect. Force majeure – To the extent permitted by applicable law and subject to clause 9, The Fat Section will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control. Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them. Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to the Online Shop, an Order or Product(s), you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.
- Shipping and Returns | The Fat Section
The Shipping and Returns Section Shipping Policy No international Shipping. All items are shipped with Australia Post. To keep things simple we charge a flat rate shipping fee of $10 for all order. Orders will be shipped in 2-3 business days from when confirmation is received. Our mailer bags are 100% biodegradable and made from compostable materials. Yup, that's right they are worm farm friendly. Once your ready to dispose of the bag simply take off the label and pop the satchel in with your food scraps. The satchel will biodegrade within 90 days in a regular home composting process. Returns & Exchange Policy We got you, sometimes things done work out. Each of our products are of preloved or brand new condition and have been freshly cleaned prior to sending. We ensure that every garment is of the highest quality and have provided a detailed description of each item including their condition. Please read this carefully prior to purchasing as we will not refund for a change of mind. The Fat section will replace for a item of the same value or refund you if you purchase an item that represents a major failure or if the item is not of acceptable quality and as describe. Return must be lodged & return tracking number provided within 7 days of receipt of item. We would strongly recommend you to donate the garment if it does not fit however we will accept a return. The garment must be returned at the buyers expense with original tags intact and will be checked for any physical damage before a return/exchange is issued. The refund will be issued as a store credit valid for 12 months from refund date and issued to you via email in the form of a "code" LODGE RETURN
- Website Terms & Conditions | The Fat Section
THE FAT SECTION WEBSITE USE TERMS AND CONDITIONS These Terms and Conditions apply to your use of The Fat Section ABN 25 102 787 862 (The Fat Section, we, us, our) website which can be found at http://www.thefatsection.com.au/ and http://www.thefatsection.com/ (Website). These Terms should be read in conjunction with the Online Shop Terms and Conditions. By using the Website, you accept these Terms and agree to be bound by these Terms. If you do not agree to these Terms, then you must not use the Website. The Fat Section may modify these Terms and Conditions without providing notice to you, by posting an updated version of the Terms and Conditions on our Website. Any modifications become effective when they are first published on our Website and only apply to use of the Website after these Terms have been modified. If you have agreed to receive communications from us via email, we may notify you of modifications to the Terms via the email address which you gave us to receive email communications from us. If these Terms are amended, then your continued use of the Website constitutes acceptance of the updated Terms. We recommend that you regularly check these Terms for any amendments. If you do not understand these Terms or if you have any questions, please email us at maria@thefatsection.com, and one of our representatives will be happy to assist you. You should BE AWARE OF SEVERAL key terms These Terms, including any additional terms and the Online Shop Terms and Conditions, form an agreement between you and The Fat Section. These Terms apply to use of The Fat Section website. In this summary we outline some of the key terms that apply to you. This summary is designed to assist you by disclosing certain terms that affect you. However it is not a substitute for reading and understanding the Terms. Please contact us if you have any questions. Limitations of our liability Our liability to you and certain third parties is limited under the Terms and our liability for certain types of Loss is excluded. These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your use of the Website, except where the Australian Consumer Law prohibits limitations and exclusions of liability. Your liability and warranties You acknowledge and agree that your access to, and use of, the Website is at your own risk. Among your other obligations under the Terms, you will be responsible and liable for: (a) use of the Website by any person who has access to your login details and password; (b) internet access, data download and other network charges arising from your use of the Website; and (c) the operation, maintenance and security of your Device. Personal information We may collect and disclose personal information and data relating to you from your use of the Website in accordance with the Terms and legislation governing the collection, use and storage of personal information (including but not limited to the Privacy Act 1988 (Cth)). Terminated or blocked access to the Website We may decide to block your access to the Website (which we may do, for example, for security reasons). We may request that you cease any conduct which is contrary to these Terms and it is your obligation to comply immediately with these requests. Suspended access and modifications to the Website We reserve the right to: suspend your use of, or withdraw, the Website and/or any of its features or components; and add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components, in each case at any time and for any reason, without notice to you. Definitions Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time. Consumer has the meaning given in section 3 of the Australian Consumer Law. Consumer Guarantees has the meaning given in clause 8.1. Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection; Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning. Online Shop Terms and Conditions means the terms and conditions governing the use of The Fat Section Online Shop and the ordering, purchase and delivery of our products, which can be accessed at http://www.thefatsection.com.au/ or http://www.thefatsection.com/, (or any replacement web page from time to time). User Account has the meaning given in clause 4.1. Licence All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website) are owned by us or our licensors. We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use. You must not (and must not attempt to): except as permitted by the licence set out in clause 2.2, use or copy any part of the Website without our prior written consent; distribute, translate, modify or tamper with, any part of the Website; create derivative works of or from any part of the Website; sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or permit or assist any person to engage in any act described in paragraphs (a) to (d) above. Use of the Website You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges. You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device. We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content, including to address security risks or other circumstances which may result in liability for us or other users of the Website. User Account You may be able to register an account with us and use login details and a password to access the Website (User Account), and this clause 4 only applies if you choose to do so. You must be at least 18 years of age to register a User Account. If you are under 18 you must be under the supervision of a parent or legal guardian who is at least 18 years of age. You must obtain (or register) your login details and password as required by us and use them in the manner we direct from time to time in order to access the Website. We may decline to provide you login details or a password or to permit you to register login details or a password for the Website in our sole discretion if we consider, acting reasonably, that the you pose a security risk or are not acting in compliance with your obligations under these Terms. You must keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password. If you breach your obligations under this clause 4.5 and another person uses your login details or password for the Website, you are responsible and liable for the use that person makes of the Website with your login details or password, as if that use of the Website was by you. You must promptly must notify us by email to maria@thefatsection.com if: there is any change to any of the contact or other details you register with us; or you have reason to believe that another person is aware of your password for the Website. Performance of the Website We will use reasonable endeavours to generally make the Website available during our normal business hours. However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that: you will be able to use the Website at any time; or your use of the Website will be continuous, uninterrupted, secure or error-free. You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if: any network connection difficulties occur; the systems providing those services are unavailable for any reason (including so that maintenance can be performed); you breach any of these Terms; or we decide to terminate your access to those services for any reason. We make no guarantee as to the reliability or performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it. The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it. Subject to clause 8, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this clause 5.4. Your obligations You must not use (or attempt to use) the Website: for any unlawful or dishonest activity, or any activity prohibited by these Terms; to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service; in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party. We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, in our discretion. Security To use the Website and its features as intended, you must: enable the Website to use cookies; and grant it any other permissions and access to your Device that it requires from time to time. If you do not grant these permissions and this access, you may be unable to use the Website or some of its features. The Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device. We do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code. You acknowledge and agree that the transmission and exchange of information via the Website is carried out at your own risk. We cannot guarantee the security of any information that you may transmit or receive from us via the Website and the broader internet. Consumer Guarantees Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). The operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified. Liability You acknowledge and agree that your access to, and use of, the Website is at your own risk. To the extent permitted by law and subject to clause 8, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void). To the extent permitted by law and subject to clause 8, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation: any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and any other Losses. Privacy We may collect, use and store your personal information in accordance with these Terms, the Online Shop Terms and Conditions and legislation governing the collection, use and storage of personal information (including but not limited to the Privacy Act 1988 (Cth)), including for the purposes of making available the Website, complying with our legal obligations, enforcing our rights under these Terms (including to protect our copyright and other intellectual property rights) and improving the user experience in relation to the Website. If you use the Website, the information that we may collect and store includes, without limitation: the type of operating system or other software or firmware used by your Device; the data you send and receive using the Website, and the type and quantity of that data; the dates on which and times at which you use the Website; and the IP and MAC address of your Device. This information is used in an aggregated manner to analyse how people use our Website so that we can improve the user experience of the Website. If you send any communications to us (for example, by providing feedback, making enquiries or responding to a survey) or register a User Account with us, we may collect personal information such as your name, phone number, mailing address and email address for the purposes of sending you information and providing updates with respect to that communication or setting up a User Account . We will only send you communications in accordance with these Terms or if you have authorised us to do so. You may authorise us to send you communications about new and additional products, services and opportunities available to you. You can unsubscribe to these communications at any time and at no cost. We may disclose personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes of making this Website, its content and functionalities available to you and otherwise operating The Fat Section, including to respond to complaints or investigate issues should they arise. You represent and warrant to us that the personal information you provide to us is complete and accurate. Third party links The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them. Suspension, withdrawal of or changes to the Website We reserve the right to: suspend your use of, or withdraw, the Website or any of its features or components; and add to, amend, remove, or disable access to, any part of the Website or any of its features or components, in each case at any time and for any reason, without notice to you. If requested by us, you must immediately: cease use of the Website; or destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded, and any information derived or generated from that information. General Severability – If any part of these Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining Terms remain in force and constitute a binding agreement between you and The Fat Section. Relationship between the parties – Nothing in these Terms constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties. No waiver – We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy. Entire agreement – These Terms, including the Online Shop Terms and Conditions, and any other additional terms which may be applicable at different stages of usage of the Website, contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and has no further effect. Force majeure – To the extent permitted by law and subject to clause 8, The Fat Section will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control. Governing law – These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them. Dispute resolution – If you have any issue arising out of these Terms or in relation to the Website, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.