T&Cs

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The small print
Ordering
Product availability
Delivery
Security, privacy and risk
Intellectual property
Website information
Product warranty
Liability
Indemnity
Force Majeure
Notices to you
Entire agreement
Applicable law
Privacy Policy

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The Small Print

 

  1.  www.thewmcollection.com is operated by Coolhand Factory Pty Ltd. 

  2. The following Terms & Conditions of Use together with our privacy policy (collectively, Terms) form the agreement between You and Us in relation to Your use and access of this website and the supply of goods ordered by the website.

  3. By accessing this website, You acknowledge that You are 18 years or older and have read and understood the Terms and that You agree to be bound by the Terms. If You do not agree to the Terms or have not reached 18 years of age then you must not use this website.

  4. From time to time We may vary the Terms and You must accept the Terms on each occasion You access the website.

  5. “Our”, “We”, and “Us” means Coolhand Factory Pty Ltd and “You” and “Your” means the customer having an account with Us or placing an order with us.

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Ordering

 

  1. The delivery address supplied by You must be in Australia. 

  2. By placing an order with Us You are confirming that You are 18 years or older.

  3. When You give Us Your credit or debit card details You are confirming that You are either the cardholder, or that You have permission from the cardholder to use the card for the purpose of ordering from Us.

  4. The delivery address supplied by You must be in Australia. 

  5. No payment will be taken from Your card until the goods You have ordered are dispatched from Our warehouse.

  6. We reserve the right to cancel any orders We cannot fulfill for any reason. If Your order is canceled We will contact You to inform You of the cancellation and refund any money You have paid Us for that order.

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Product availability

  1. Products offered by Us are displayed on Our website(s) in ‘real time’. Any product may be withdrawn from offer without notice at Our discretion.

  2. We reserve the right to limit sales to retail quantities if we reasonably deem that the order is not within a reasonable retail quantity. 

  3. In order for a return or exchange to be accepted, the product needs to be unused, unworn and in its original condition. 

  4. Where provided, all original packaging is to accompany the returned product- including but not limited to boxes, dust bags, authenticity & care cards- must be included when returned. Items received that do not meet these standards, unfortunately, will be sent back to the customer at their own cost.

Delivery

  1. We ship all domestic orders via Australia Post which offers a 1-3 business days service. 

  2. All orders within Australia are complimentary shipping.

  3. All orders are shipped the following business day including after the weekend or a public holiday.

  4. If Your order is undeliverable we will contact you to arrange for re-delivery. We may charge you a fee for any re-deliveries.

  5. Risk of damage, loss or deterioration to the product passes to You on delivery.

  6. Title to the product remains with Us until we receive the full price of the product from you in cleared funds.

 

Security, Privacy and Risk

 

  1. For Your own safety We reserve the right to contact Your card issuer for the purposes of carrying out security checks.

  2. We take Your privacy very seriously and will only pass Your delivery details to 3rd parties when necessary to fulfill your order i.e. to warehouse operators, carriers and other third parties contracted to dispatch your order to You. Please read Our Privacy Policy on our website.

  3. You must not upload any type of virus or computer malware onto the website and must ensure that Your computer remains safe and does not infect Our website whilst You are on the website.

  4. We may provide links on Our website to third party products and/or services. We do not promote or recommend these products and/or services to You. If You access these links You do so at Your own risk.

  5. We expressly disclaim all liability for Your use of this website. Each time You access this website You acknowledge that Your use of this website is at your sole risk and you are solely liable for any damage, loss or expense You incur from using the website.

 

Intellectual Property

All content displayed or comprising the website, including without limitation the images, brand names, trademarks, commentary, website layout and software are subject to intellectual property protection in Australia and internationally. You do not have permission to modify the content on this website, permit unauthorized users to access it (whether intentionally or otherwise) or transmit it to third parties. Any misuse of Our intellectual property rights and/or Our partners’ intellectual property rights will result in immediate termination of Your account and You may be liable for damages.

 

Website Information

 

The information contained on our website is uploaded regularly. We cannot guarantee the information to be correct, current or complete as there are a number of factors which affect this information. We accept no responsibility or liability for any inaccuracies or typographical errors on our website.

 

Product warranty

 

We warrant that the product supplied by Us is of merchantable quality when delivered to You. To the extent permitted by law We expressly disclaim all express, implied, statutory warranties, guarantees and representations. In accordance with clause 9 of these terms and conditions, Our warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected product to You or a refund of the cost of the product, at Our discretion.

 

Liability

You acknowledge that We are not liable to You under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits)You may incur from using our website. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective then our aggregate liability to You under these Terms for all exclusions referred to above for all and any causes of action (collectively) shall be limited to AU$50.

 

Indemnity

You agree to indemnify, defend and hold Us, Our officers, employees, partners, suppliers, agents and contractors from and against all losses, proceedings, charges and costs (whether direct, indirect, special, exemplary or consequential) of every kind made against Us due to Your use, misuse or access to Our website

 

Force Majeure

We shall not be responsible to You if we are unable to deliver Your order or if we are prevented from performing our obligations under these Terms due to circumstances beyond our reasonable control. We will notify you of any delays to your delivery. However, if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel Your order and provide a refund or credit to the value of the cancellation without further liability to You.

 

Notices to you

We may contact you via the contact details provided by you including your email address. You must maintain Your contact details as current at all times.

 

Entire Agreement

These Terms contain the entire agreement between You and Us for the use of Our website to purchase product. All and any other understandings, agreements and representations are hereby expressly excluded.

 

Applicable law

These Terms are governed by the laws of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales.

 

Privacy Policy

 

When you shop with thewmcollection.com, we collect personal information about you to enable us to process and deliver your order. This information may include your name, date of birth, contact details, credit card or bank account information and other information relevant to your services.

By registering on our website, you consent to Coolhand Factory PTL LTD maintaining, recording, holding and using the personal data we collect about you. All data is collected lawfully and maintained in accordance with Australian privacy law.

We may also collect your personal information from you when you order, enter into one of our competitions or otherwise interact with us (such as through social media). This may include information such as preference information and other usage data. We may also collect your personal information from third parties where you have agreed with them that your information may be disclosed.

In addition, we collect information regarding activity on our website and other services, such as the number of visitors to the website or application, the date and time of those visits, the number of pages viewed, navigation patterns and, where relevant, the websites visited before visiting the website.

On our website, your visits are associated with cookies which are unique identifiers. This information may be collected on OUR behalf by web analytics companies. This information provides us with statistics that we can use to analyse and improve our websites and our products and services. The information we collect may also be used to allow US to send you offers which we feel will be of interest to you. If you would prefer not to receive these e-mails please go to the “Change my details” section of the “My Account” screen where you can update your e-mail preferences.

We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties. We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including secure storage. Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided.

Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold.

We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to e.g. to our delivery company to deliver your order.

If you opt-out of emails, you will only be contacted by us regarding service issues such as, without limitation, order confirmation and delivery confirmation, significant changes to terms and conditions and non-marketing e-mails.

If you have any questions relating to this policy, contact us by clicking above