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.

  1. 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.

  1. Compliance with these Terms and Conditions

You must comply with these Terms and Conditions when accessing and using the Online Shop.

  1. Products

    1. We offer the following Products:

      1. New With Tags Products;

      2. New Without Tags Products;

      3. Pre-Loved Products; and

      4. Sale Products.

    2. Each Product will be:

      1. identified on the Online Shop using the categories in clause 3.1; and

      2. accompanied by a detailed description, including the condition of the Product.

  2. Placing Order for Products

    1. You may order Products through the Online Shop either using your registered account with us, or as a guest.

    2. 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.

    3. 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.

    4. The Fat Section only accepts Orders from customers located in Australia.

  3. Descriptions and Availability of Products

    1. 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.

    2. 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.

    3. 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.

    4. We reserve the right, in our sole discretion, to limit the amount of time a Product may remain in your shopping cart.

    5. 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.

    6. 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.

    7. 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.

    8. 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.

  4. Price

    1. 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.

    2. 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.

    3. 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.

  5. Payment

    1. Payment may be made by credit card, debit card or PayPal.

    2. We use Payment Partners to process payments made on the Online Shop.

    3. 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.

    4. 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).

  6. Delivery

    1. We deliver Product(s) ordered from the Online Shop within Australia only.

    2. 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).

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

  7. Consumer Guarantees

    1. 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).

    2. The operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified.

  8. Order Cancellations, Refunds and Returns

    1. 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.

    2. 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.

    3. 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.

    4. 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:

      1. store credit of the equivalent amount;

      2. a refund of the full amount;

      3. an exchange up to the equivalent amount; or

      4. 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.

    5. 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).

    6. 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.

    7. 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:

      1. all original tags (if any) are intact;

      2. the Product is in its original packaging (if any); and

      3. the Product is not damaged or is in a physical state not otherwise specified in its description at the time you placed the Order.

    8. 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.

    9. 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.

  9. Warranties

You represent and warrant to The Fat Section that:

  1. all information supplied by you to us is true, accurate, complete and up to date;

  2. if you are providing the personal information of another person, you have obtained consent from that other person to do so;

  3. you are above the age of eighteen (18) and have capacity to enter into a contract of purchase;

  4. you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and

  5. you are not acting in contravention of any law or regulations.

  1. Exclusion and limitation of liability

    1. 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).

    2. 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).

    3. 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.

  2.  Privacy

    1. 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.

    2. 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)).

    3. 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:

      1. 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

      2. our third party service providers to enable us to deliver the Products to you or another recipient.

    4. You represent and warrant to us that:

      1. the personal information you provide to us is complete and accurate; and

      2. you have obtained the consent of all recipients of an Order:

        1. for their personal information to be used by The Fat Section and our service providers to prepare and deliver Products to those recipients; and

        2. to receiving Products and associated communications from The Fat Section and our service providers.

  3. Interpretation

    1. To the extent there is any inconsistency between any of the terms in the following documents:

      1. these Terms and Conditions; and

      2. the Website Terms of Use,

the Terms and Conditions will apply to the extent of the inconsistency.

  1. General

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.