Terms & Conditions

THESE ARE THE TERMS AND CONDITIONS FOR THE ORDERING AND PURCHASING OF GOODS AND SERVICES FROM THE WORKWEAR 4U WEBSITE STORE
These Terms and Conditions describe the legal implications and responsibilities relating to the Ordering and Purchasing of Goods and Services by the Customer and the processing, fulfilment and delivery of Ordered Goods by WorkWear 4U, as well as the limitations of liability of parties and must be read and understood by the Customer before an Order is placed on the WorkWear 4U Website Store.
These Terms and Conditions form a contract between the Customer (the entity placing the Order) and Workwear 4U Pty Ltd (ABN 42 153 473 084) and are relevant to the Ordering and purchasing of Goods from the WorkWear 4U Website Store “www.ww4u.com.au/store”, the fulfilment of the Order by WorkWear 4U and the delivery of purchased Goods to the Customer.
If these Terms and Conditions are not clearly understood, or if any aspect thereof requires clarification, WorkWear 4U can be contacted telephonically on 07 4953 2587, or by electronic mail at sales@ww4u.com.au for clarification.
1. DEFINITIONS
The following definitions apply to these Terms and Conditions.
Business Day means a week day, which is not a declared public holiday in Mackay, Queensland, Australia, or elsewhere in Australia where deliveries may be affected by public holidays. Weekend days are excluded, irrespective of WorkWear 4U possibly actively trading on weekend days.
Customer means the legal entity placing an Order and purchasing Goods from the WorkWear 4U Website Store.
Delivery Address means the address nominated on the electronic Order form submitted by the Customer, where the Goods that have been Ordered are to be delivered.
Delivery Agent means the third party delivery or shipping company engaged by WorkWear 4U for the delivery of Goods to the Customer.
Delivery Fee (also Shipping Fee) means the fee charged by the Delivery Agent for the delivery of Goods to the nominated address of the Customer.
Gift Cards means an electronic gift card purchased from WorkWear 4U, by means of which the bearer may make non-cash payment in full or in part for Goods acquired from WorkWear 4U.
Goods means the Items that have been Ordered and purchased by the Customer from the WorkWear 4U Website Store.
GST (Goods and Services Tax) has the meaning as defined in the Goods and Services Act of Australia applicable at the time of placement of an Order.
Items means the products and Services that have been listed for sale in the WorkWear 4U Website Store.
Law means Local, State, or Australian Law, in the Order of preference that may apply.
Member means a prospective Customer who has registered with WorkWear 4U to place Orders and make Purchases through the WorkWear 4U Website Store. In registering as a Member, the Customer is required to provide certain private information and details to facilitate the delivery of Goods to the Customer or his nominee, and to allow WorkWear 4U to improve its service and product range.
Order means a request for Goods and/or Services submitted electronically by the Customer to the WorkWear 4U Website Store in accordance with these Terms and Conditions.
Personal Information has the meaning as defined in the Privacy Act of Australia at the time of placement of an Order.
Price means the listed purchase Price of each item in the WorkWear 4U Website Store and includes GST.
Privacy Policy means the WorkWear 4U Privacy Policy found on the WorkWear 4U Website.
Purchase means completing a financial transaction for the acquisition of specific Goods and Services by the Customer from WorkWear 4U through direct payment, electronic funds transfer (EFT), telephonic payment, credit card, PayPal, cheque (after arrangement), issue of an official purchase order (after arrangement), or by any other means as may have been agreed to between the Customer and WorkWear 4U.
Terms for Deliveries & Returns means the WorkWear 4U Terms for Deliveries & Returns found on the WorkWear 4U website.
Services means the Services that WorkWear 4U has been instructed to perform in terms of the Order placed by the Customer, such as embroidery, screen printing, heat pressing and sewing.
Shipping Fee (also Delivery Fee) means the fee charged by the Delivery Agent for the delivery of Goods to the nominated address of the Customer.
Terms and Conditions means these Terms and Conditions, as amended from time to time.
Website Store means the WorkWear 4U website store at “www.ww4u.com.au”.
Website Terms means the Terms governing the use of the WorkWear 4U Website, in addition to these Terms and Conditions.
2. DECLARATION OF COMPLIANCE WITH TERMS AND CONDITIONS
2.1. By submitting an Order and/or making a purchase from the WorkWear 4U Website Store, the Customer has agreed to be bound by these Terms and Conditions.
2.2. Each Order submitted by the Customer will be a separate and binding agreement between the Customer and WorkWear 4U with respect to the supply of Goods and Services in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS AND SERVICES
3.1. The Customer may place an Order with WorkWear 4U through the WorkWear 4U Website Store by submitting the electronic Order form generated by the store.
3.2. An Order submitted by the Customer is a binding offer to purchase the nominated Goods and Services for the listed Prices (which are inclusive of GST) plus any Delivery Fees that apply at the time of Order. An offer cannot be withdrawn by the Customer without the written consent of WorkWear 4U.
3.3. The Customer carries the responsibility to provide complete and accurate information to enable WorkWear 4U to fill the Order and the Delivery Agent engaged by WorkWear 4U to deliver the Goods. WorkWear 4U and its Delivery Agent will not be liable for any delay or costs that may be incurred by any party as a result of incomplete or inaccurate information provided by the Customer.
3.4. The Customer carries the responsibility to provide complete and accurate information in relation to Gift Cards purchased from WorkWear 4U for third party beneficiaries. It is the responsibility of the Customer to obtain the consent of the recipients of Gift Cards before providing their personal details to WorkWear 4U for the issue of such cards.
3.5. The Customer carries the responsibility to review every Order prior to finalising the transaction through the WorkWear 4U Website Store. Once submitted, cancellations of, or changes to, the Order may only be effected by agreement with WorkWear 4U, unless otherwise required by Law. The Customer will be allowed to return the Goods in accordance with the WorkWear 4U Terms for Deliveries & Returns.
3.6. Separate Orders for Goods and Services will not be consolidated into one, due to administrative constraints. Each Order will attract a separate Delivery Fee in terms of Clause 7 and will be delivered in separate packaging.
3.7. Large Orders may be delivered in separate packaging at the discretion of WorkWear 4U and in terms of weight limitations imposed by Delivery Agents.
3.8. An automatic Order number will be generated upon submission of an Order through the WorkWear 4U Website Store. The Order number will serve as a reference number for all enquiries and communications relating to the Order.
3.9. The minimum legal age of Customers to place Orders with the WorkWear 4U Website Store is 18 years.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1. WorkWear 4U reserves the right to accept or reject an Order received from a Customer at any time and for any reason.
4.2. When an Order has been accepted, an agreement has been entered into by which WorkWear 4U is to supply the Customer with the Goods and Services in terms of the Order that has been placed and in accordance with these Terms and Conditions.
4.3. In the event that an Order is rejected by WorkWear 4U, the Customer will be notified of that rejection and the reason for such rejection via email within five (5) Business Days. WorkWear 4U will not be liable to any party for any loss as a result of such rejection of an Order.
4.4. In the case of payment of an Order that has been rejected already having been processed, WorkWear 4U will refund the amount that has been processed in respect of that Order and will endeavour to process the refund within five (5) Business Days. WorkWear 4U will not be liable to any party for any loss, expense, damage or injury as a result of any delay in processing such refund.
4.5. If WorkWear 4U were unable to contact the Customer in relation to an Order that has been placed in terms of these Terms and Conditions using the contact details provided by the Customer, the Order will be rejected in terms of this Clause 4.
5. AVAILABILITY OF GOODS
5.1. The Customer acknowledges and agrees that Items listed in the WorkWear 4U Website Store may be out of stock or unavailable at the time of placement of an Order and that WorkWear 4U may not be able to fill all or part of the Order. In the event that this occurs, WorkWear 4U will notify the Customer within five (5) Business Days to reach an agreement with the Customer on the anticipated delivery date, or to arrange a full or partial refund. WorkWear 4 U will endeavour to process the refund within five (5) Business Days. WorkWear 4U will not be liable to any party for any loss, expense, damage or injury as a result of any delay in processing such refund.
5.2. WorkWear 4U reserves the right to suspend or withdraw from sale any item listed in the WorkWear 4U Website Store at any time and without any notice. WorkWear 4U will not be liable to any party for any loss as a result of a suspension or withdrawal of any item.
5.3. In the case of an Order being affected by an error in the listing of an item in the WorkWear 4U Website Store, such as Price, description, technical features, image, or any other aspect, WorkWear 4U will reject that part of the Order that is the subject of the error in accordance with Clause 4 of these Terms and Conditions. Any balance of the Order will be filled in accordance with these Terms and Conditions. Should the Customer not be satisfied with the partial filling of the Order, the Order may be returned to WorkWear 4U in terms of the WorkWear 4U Terms for Deliveries & Returns.
5.4. The Customer acknowledges and agrees that the images of Goods and Services displayed in the WorkWear 4U Website Store are for illustration purposes only and that actual sizes, dimensions and colours of Items may vary slightly.
5.5. The Customer acknowledges and agrees that the descriptions and technical details of Items Ordered from the WorkWear 4U Website Store have been read and understood.
5.6. The Customer acknowledges and accepts responsibility for ensuring that sizing and fitting guides and other measurements in the descriptions of Items are suitable for the intended purpose.
5.7. The Customer acknowledges and accepts that accessories featured with any item are for illustration purposes only and are not included with the item.
6. PRICE AND PAYMENT
6.1. The Price in respect of an item is listed with the item description in the WorkWear 4U Website Store in Australian Dollars, inclusive of Goods and Services tax (GST). Additional fees and charges defined in these Terms and Conditions, such as Delivery (Shipping) Fees, are also inclusive of GST.
6.2. Discounts offered by WorkWear 4U, whether in the form of a percentage off the price of items, or free items added to a minimum quantity of items ordered and purchased, or free items added after a minimum amount of Order of purchase, are in relation to the Recommended Retail Price and no further discounts will apply to prices that have already been discounted in any form. Discounts will apply as long as discounted stocks last and will expire when all discounted stock has been sold.
6.3. WorkWear 4U reserves the right to increase or decrease the Prices of Items listed in the WorkWear 4U Website Store without notice. Orders that have been placed will not be affected, provided that a pricing error is not discovered, in which case the procedure in Clause 5.3 will apply.
6.4. In respect of any Order or purchase, WorkWear 4U will debit the Customer and the Customer agrees to pay the Price of each item ordered or purchased at the time, as well as the nominated Delivery Fee.
6.5. Any one of the payment methods specified on the electronic Order form generated by the WorkWear 4U Website Store may be used by the Customer to make payment for Goods and Services ordered or purchased. This includes, but is not limited to MasterCard and VISA credit cards and PayPal. In paying by credit card, the Customer authorises WorkWear 4U to debit the card nominated at the time of submission of the Order.
6.6. The Customer acknowledges and agrees that payment in respect of an Order or purchase must be cleared by WorkWear 4U before the subject Goods will be dispatched. Failure in the processing of the payment will result in rejection of the Order by WorkWear 4U in terms of Clause 4 of these Terms and Conditions and the Customer will be notified of this development. It is the responsibility of the Customer to resolve any issues relating to the processing of credit card payments, or to effect payment by an alternative method for the Order to be filled.
6.7. The Customer confirms that in paying or attempting to pay for the Goods and Services, no fraudulent conduct or contravention of any Law has been committed.
6.8. A tax invoice will be emailed to the Customer by the WorkWear 4U Website Store when payment in respect of an Order has been processed.
6.9. WorkWear 4U uses an encrypted payment gateway and security certificate by a national Australian bank to secure payments and although all reasonable precautions are taken in this regard, WorkWear 4U cannot guarantee the security of any transaction.
7. DELIVERY
7.1. The Customer is referred to the Terms for Deliveries & Returns section of the WorkWear 4U Website Store for the Delivery Fee at the time of Order.
7.2. Indicative delivery time frames are set out in the Terms for Deliveries & Returns section of the WorkWear 4U Website Store.
7.3. WorkWear 4U appoints reputable Delivery Agents to deliver Ordered Goods and the Customer agrees to all necessary details, including the Delivery Address, being provided to the Delivery Agent by WorkWear 4U for the purpose of delivering the Goods.
7.4. The Customer acknowledges and agrees that notwithstanding any statement in these Terms and Conditions, or in the WorkWear 4U Website Store, that WorkWear 4U cannot guarantee that delivery will occur in the stated delivery time frames, that delivery time frames may change due to unforeseen circumstances and that WorkWear 4U is not liable to any party for any loss, expense, damage or injury as a result of any change in delivery times or delay in delivery.
7.5. Delivery of Goods will be made to the Delivery Address listed by the Customer during the placement of an Order. Multiple Delivery Addresses will require separate Orders to be submitted.
7.6. In the case of delivery of Goods not being practical or secure, a calling card will be left for the Goods to be collected from the Delivery Agent. It is the responsibility of the Customer to follow the instructions on the card within the nominated timeframe. Redelivery of Goods may attract additional payment, for which the Customer will be responsible.
7.7. Upon delivery, Goods must be thoroughly checked for damages and for matching with the Order. Damages to the Goods delivered or Goods not matching with the Order must be brought to the attention of WorkWear 4U as soon as possible and within 24 hours on 07 4953 2587 or by email on sales@ww4u.com.au. Corrective action will be taken in terms of the Terms for Deliveries & Returns at no cost to the Customer.
8. RISK AND TITLE
Risk and title in the Goods pass to the Customer on the date and time of delivery of the Goods to the Delivery Agent or upon collection of the Goods from WorkWear 4U by the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders by the Customer will be accepted by WorkWear 4U and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. It is the responsibility of the Customer to review the Order with due care and consideration before submitting same.
9.2. Goods may be returned to WorkWear 4U only in terms of the Terms for Deliveries & Returns that forms part of these Terms and Conditions. Returned Goods must be in the same condition in which they were received for the return to be processed. This includes packaging, wrapping, tickets or tags that are attached to the garment.
9.3. Any refunds to the Customer for Goods returned and accepted in accordance with the Terms for Deliveries & Returns will be made in accordance with these Terms and Conditions. WorkWear 4 U will endeavour to process the refund within five (5) Business Days. WorkWear 4U will not be liable to any party for any loss, expense, damage or injury as a result of any delay in processing such refund.
9.4. In Order to minimise the risk of fraudulent transactions with credit cards, refunds to the Customer by WorkWear 4U of payments made by credit card will only be made to the credit card used to make the original payment, or upon expiry of this card, the confirmed official replacement credit card.
10. PRIVACY
Contact details and other confidential information provided to WorkWear 4U by the Customer in the course of registration or in the course of placing an Order will be kept on record by WorkWear 4U and implemented in the processing and delivery of Orders in accordance with the WorkWear 4U Privacy Policy.
11. WEBSITE TERMS
The WorkWear 4U Website Terms form part of these Terms and Conditions.
12. OBLIGATIONS OF THE CUSTOMER TO WORKWEAR 4U
The Customer acknowledges and agrees to warrant to WorkWear 4U that he/she:
12.1. has reached the age of 18 years at the time of placing the Order;
12.2. has not contravened any Law in placing the Order;
12.3. has read, understood and agreed to these Terms and Conditions in placing the Order;
12.4. has provided all information, including Personal Information, contact details and Delivery Addresses correctly and completely and, where relevant, obtained the consent of nominated recipients of gifts for their Personal Information to be provided to WorkWear 4U;
12.5. has duly authorised any nominated representative to receive the Goods on behalf of the Customer.
13. OBLIGATIONS OF WORKWEAR 4U TO THE CUSTOMER
13.1. Subject to any rights the Customer has under Australian consumer protection Law, WorkWear 4U will not be liable to the Customer or any other party for any loss, expense, damage, injury, or any indirect loss such as loss of revenue, profits, interest, anticipated savings, goodwill or business opportunity, or injury to reputation as a result of any delay in contract, tort, under statute 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 the WorkWear 4U Website Store.
13.2. Subject to any rights the Customer has under consumer protection Law, WorkWear 4U excludes all implied terms and warranties relating to the WorkWear 4U Website and Website Store, or the subject matter of these Terms and Conditions, whether statutory or otherwise. The Customer is entitled to certain rights under consumer protection Law.
13.3. Liability to the Customer by WorkWear 4U 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 the Customer causes or contributes to the loss or damage.
14. TERMINATION
14.1. WorkWear 4 reserves the right to terminate access of the Customer to and use of the WorkWear 4U Website Store at any time:
a) for convenience;
b) immediately:
i) should WorkWear 4U have reason to believe that the Customer is in contravention of these Terms and Conditions, and that such contravention is unlikely to be remedied; or
ii) where the contravention is remediable and the Customer has been notified by WorkWear 4U of the contravention and has failed to remedy such contravention within 14 calendar days.
15. GENERAL
15.1. WorkWear 4U reserves the right at all times to amend these Terms and Conditions and any variations to these Terms and Conditions will take effect when posted on the WorkWear 4U Website. The Terms and Conditions which apply at the time of placement of an Order by the Customer define the contractual relationship with WorkWear 4U with respect to that Order.
15.2. WorkWear 4U reserves the right to give notice to the Customer by electronic mail and the Customer has the right to give notice to WorkWear 4U by electronic mail via sales@ww4u.com.au.
15.3. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.4. A failure or delay by WorkWear 4U to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by WorkWear 4U does not preclude its future exercise or the exercise of any power or right.
15.5. The Laws of Queensland, Australia govern this agreement and the transaction between the Customer and WorkWear 4U is deemed to have taken place in Mackay, Queensland, Australia.