Terms Of Service
Effective Date: March 16, 2019
Welcome to Local Threads and our Terms of Service. These Terms and Conditions are very important and will affect your legal rights when using our service. Please read carefully before subscribing to one of our Services. Know that you agree to be bound by these Terms and Conditions as they govern the relationship between Local Threads and our users. Local Threads reserves the right to change or modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the end of these Terms. We, therefore, recommend that each time you access the Site you read these Terms and Conditions and policies. Please understand that if you do not accept these Terms and Conditions, you will not be able to purchase any items from the site.
By browsing, accessing, using the Site or ordering a product, you agree to be legally bound by these Terms and Conditions. A breach or violation of any of the Terms will result in immediate termination of the services offered.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions:
- 'content' means information we publish or you post on www.localthreads.com.au
- ‘Local Threads’ refers to our Australian registered business name (ABN: 9879)
- 'our site' means our presence on the Internet;
- 'our', 'we' and 'us' means Local Threads and its employees
- ‘products’ or ‘items’ means the goods and/or services provided by Local Threads including but not limited to our selection of apparel and accessories products supplied on behalf of a range of independent brands
- 'seller' means the named brand, designer or individual on whose behalf we sell as
- 'user' means any user of our site
- 'you' and 'your' include any user of our site
- 'website' means www.localthreads.com.au
- ‘liability’ means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these
Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions
2.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
2.2 Orders will be charged to your nominated payment method.
It is your responsibility to ensure your accepted payment method details are valid and up to date. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
2.2 Storage of Collected Information.
Local Threads does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. These third-parties are secured payment gateways. Complete debit/credit card details cannot be viewed by Local Threads or any outside party.
2.3 Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes. If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred. In such instances, Local Threads will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts. In the event that payment re-attempts are unsuccessful, we reserve the right to recover the debt through alternative means, either directly or through a third-party. We reserve the right to suspend or terminate future deliveries when payments are outstanding.
2.4 If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
2.5 We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred. We reserve the right to terminate your order or accounts following this investigation.
3.1 The prices payable for the goods and/or services that you order are as set out in our website. If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, refuse to provide you with our goods and/or services. We need not provide you with advance notice in such circumstances.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation of sale.
3.3 Despite our best efforts, sometimes our products may be incorrectly priced. Where there is a discrepancy in price, and the stated price is less than the correct price for the products we will contact you for instructions before delivery or reject your order and notify you of such rejection. Where the stated price is more than the correct price, we will charge you the lower amount when making a delivery to you.
4. YOUR DETAILS
4.1 By providing us with your details to make a purchase you understand and agree that:
- You will provide us with truthful personal information about yourself and will keep this information accurate and current
- You will not create an account for anyone other than yourself without permission and you will not share your account details with anyone else or do anything else to jeopardise the security of your account
4.2 Local Threads will keep all your details private and secure
5. CHANGE OF DETAILS
5.1 You can update your account details on the Local Threads website.
5.2 Any changes to address details and/or delivery instructions must be communicated via email to firstname.lastname@example.org. Local Threads will determine whether late changes to the delivery address will be granted or rejected.
5.3 We are not liable for any charges you incur as a result of out of date payment information.
6.1 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice (including blocking IP addresses) and to decline to provide the service to any user that is in breach of these terms and conditions of use.
7.1 We have made every effort to make clear whether the quoted prices for items available through our site include any relevant tax and/or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example customs duties) imposed by the seller or by operation of law that is in addition to the price.
8.1 All orders are subject to acceptance and availability. Unless otherwise stated, items on the Local Threads website are in stock and available for delivery. Items will be sent directly from a Local Threads brand partner or from a physical Local Threads store location. All items, regardless of location, are sold on behalf of the designer named on the product page. Your transaction is between you and the seller, Local Threads simply acts only as an agent arranging the transaction.
8.2 We must receive payment of the whole of the price for the items that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. After this time, the order may still be rejected at our discretion or if the seller cannot fulfil the item for any reason. If your order is rejected or your item becomes unavailable we contact you as soon as possible to inform you and you will be offered a full refund.
8.3 We and/or the seller reserve the right not to accept your order or to refuse to process a transaction at any time at our discretion. Our acceptance of your order brings into existence a legally binding contract between you and us (on behalf of the seller) on these Terms and Conditions.
9.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order. There is no guarantee that this delivery time will be met as it is just a guide.
9.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
9.3 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
9.4 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
9.5 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
10.1 We may terminate the order if the selected product/s is not available for any reason. We will notify you if this is the case. You will receive a full refund of the payment you have made, usually through the same payment method.
10.2 If you wish to cancel your order, please let us know at email@example.com. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
11. FAULTY PRODUCT RETURNS
11.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us at firstname.lastname@example.org as soon as possible so we can guide you through the returns process (you may be required to send us images of the damage, defect or fault for preliminary assessment).
11.2 It does not constitute a defect, if, in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
11.3 You must request a return within 7 days of receiving your ordered items. If the item has been deemed faulty, then we will cover the shipping fee to send it back to Local Threads headquarters. Store credit up to the value of what was purchased will be put into the users account to spend on the Local Threads website.
12. EXCHANGE POLICY
12.1 You are able to exchange a product if all the following requirements are met;
- All tags are intact
- The product is in its original condition
- Proof of purchase is available
- Unwashed and free of stains/odours
Occasionally, some products may be excluded from the change of mind return policy. We will notify the user if this is the case.
12.2 If an exchange request is successful then the user must cover the shipping fees to send it back to Local Threads headquarters
12.3 The user will receive store credit up to the value purchased at checkout for the item/s. The initial shipping fee will not be refunded to the user. The user can use this credit to purchase any item on the Local Threads website.
13. LINKS TO OTHER SITES
13.1 Certain links, including hypertext links, in our site, will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
14.1 All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us, the seller or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods and/or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
15.1 All trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
16. ACCURACY AND VARIATIONS
16.1 We have taken care of the descriptions and specifications of our products and to reproduce colours and styles accurately on our website, although some variation may occur.
16.2 We reserve the right at any time without notice to revise the content of our site (including the goods and/or services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. Exclusions and Indemnity
17.1 You agree to indemnify and hold Local Threads Limited harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and Conditions by you or through a machine on which you access our website.
18. REFERRAL CODES AND DISCOUNTS
18.1 We currently offer social media promotional discounts, friend referral discounts, and other types of vouchers. The same terms and conditions apply to new customers who receive gift cards or other various discounts.
18.2 Social Media and Friend Referral discounts will be tracked by us and discounts will be applied by us.
18.3 We reserve the right to withdraw or deactivate any discount for any reason at any time.
18.4 From time to time, Local Threads offers its clients special offers and discount codes to be used with this website. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. If you successfully circumvent the software safeguards of this website in order to receive several free products or codes with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We, Local Threads, will not be liable for any failure to perform, or postponement, any of our obligations under a Contract that is caused by events we cannot control (Force Majeure Event). Events that are beyond our reasonable control that include the following:
- Impossibility to use proper roads and streets to deliver the items.
- Hurricanes, earthquakes, floods, explosions, fires, epidemics or any other natural disasters.
- Strikes, riots, invasion, attack, or threat and any other industrial/threatening action that prohibits us.
- Unavailability of items from suppliers
20. INTELLECTUAL PROPERTY RIGHTS
20.1 We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
20.2 If you post comments on the Products or Services to any website, blog or social media network you must ensure that doing so represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your words on the Site and in any advertising or social media outlets which we may create or contribute to. Local Threads reserves the right to remove any harming content at our sole discretion.
21. DISCLAIMER AND LIMITATION OF LIABILITY
21.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.
21.2 You acknowledge that the Products displayed on the Site are not an exact sample and are indicative only. You also acknowledge that the Products you receive may vary from those displayed according to seasonal availability.
21.3 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
21.4 If there is a failure to comply on our end we will be only liable for you, at most, the purchased price of the Product.
21.5 Local Threads holds no responsibility or liability for the ordered items. Local Threads is simply a bridge between brands and customers acting as a service.
21.6 Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our website is limited to the purchase price of the products you purchased. You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase goods and/or services through our site you will enter into a separate contract in each case.
22.2 We may use your contact information to send you newsletters from us and from our related companies.
23. CHANGING OF TERMS AND CONDITIONS
23.1 We reserve the right to modify and alter these terms and conditions.
23.2 We may alter these terms and conditions from time to time to manage the changes that occur in our business model due to changes in the market, technology, regulatory requirements, and relevant laws. When this occurs, the date of the terms will be updated.
Please contact us with any questions regarding these terms of service at email@example.com