1 About these Terms and Conditions of Sale
This website is operated by Active Creatures Pty Ltd (ABN 45 926 695 340) (us, we, our).
These Terms and Conditions of Sale set out the terms by which we will agree to supply you with the products advertised on this website from time to time. Whenever you purchase a product via this website, you must first agree to these Terms and Conditions of Sale.
We reserve the right to amend these Terms and Conditions of Sale at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of this website will be deemed to constitute acceptance of the new Terms and Conditions of Sale.
2 Use of this website
You must not use this website to purchase products if you intend to on-supply them to other parties in trade or commerce (see our corresponding right regarding order cancellation in section 8 below). If you wish to enquire about being supplied with commercial quantities of our products for you to on-sell them, please go to our reseller website.
You must not purchase products via this website if you under 18 years old (although your parent/guardian may be able to do so).
3 Purchasing products
As an individual intending to acquire products for personal, domestic or household use, you may use the features and functionality offered on this website to purchase products.
(a) Adding products to your cart
(b) Submitting your order & checking out
(c) Your invoice
You will receive an email notification containing your invoice within 1 to 3 working days from the time you place your order.
4 Prices and descriptions of products
All prices on this website are displayed in Australian currency and are subject to change without notice.
Prices in Australian dollars include GST.
GST is excluded from the invoiced price of products for delivery outside of Australia.
Prices include standard parcel delivery within Australia.
Prices are exclusive of delivery charges to all destinations outside of Australia.
We only accept payments by credit cards from Visa, MasterCard and American Express and payments by PayPal.
Depending on your location, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer or PayPal. If you are outside Australia, you may also be liable to pay import duties, levies and taxes. All costs associated with exchange rates and import clearance must be borne by you and we will not be liable for any such costs.
This website uses Secure Sockets Layer (SSL) technology software for information transmission. Information submitted through this website (including your credit card details) is encrypted using the same 128-bit security commonly used by banks. For your protection, purchases made using your credit card may be delayed slightly to allow us time to check your billing information with your financial institution.
Despite these security measures, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by you as a result of any fraudulent or unauthorised use by another person of your payment method details (including your card details).
5 Dealing with your order
All products in your order that are in stock will be processed and dispatched from our warehouse within 1 to 3 working days. If any products in your order are temporarily or permanently out of stock, we will contact you to arrange a refund, exchange or credit note for those products. If applicable, we may also give you the option of waiting for us to ship the products once new stock arrives.
Online orders for delivery within Australia are usually dispatched via Australia Post. You should allow 3 - 5 working days for delivery within Australian metropolitan areas and 21 days for delivery to regional locations within Australia.
Shipping is free for all orders within Australia.
You can track your order for an estimated delivery time from Australia Post website http://auspost.com.au/track/
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
You should allow 8 - 10 working days for delivery to international destinations.
Shipping is charged at a flat rate of $20.00 to all destinations outside of Australia.
We deliver to street postal addresses (not PO Boxes) in many locations throughout the world.
We deliver only by our nominated carrier(s). We may change our nominated carrier(s) from time to time without notice.
Depending on the carrier applicable to your circumstances, we may provide tracking details when we confirm your order has been dispatched.
Our nominated carrier(s) will generally require a signature from you before you take delivery of your products.
If there is no-one at the delivery address when the carrier delivers your products, the carrier will leave a card giving you the information necessary to contact the carrier. You must then liaise directly with the carrier to arrange re-delivery of the products or delivery to an alternative address.
Delivery times will vary depending on your delivery location. Please note that while we take all reasonable steps to ensure your product is delivered in a timely manner, delays may occasionally occur as a result of our carrier which we have no control over. If any delay is caused by an event out of our reasonable control or foresight (including delay caused by us receiving an incorrect delivery address), we will not be liable for any loss or damage incurred by any person as a result of such delay.
You will be solely responsible for arranging import clearance into your country for delivery of all products you order via our website.
You will be importing goods into your destination country and, as the importer of goods, you are legally responsible for any and all taxes, duties, and charges imposed by your Government.
All taxes, duties and charges are to be paid by you on delivery of order. Under no circumstance will we accept any goods returned because of your refusal or inability to pay for them.
7 Problems with your order
Contacting customer service
When you contact customer service by phone or email, please provide the following information so we can assist you as quickly as possible:
If you email us, we will investigate your enquiry and get back to you as soon as possible.
8 Our order cancellation policy
Once an order has been dispatched it may not be cancelled and the goods must be returned to us according to guidelines provided by the Customer Service Team via email firstname.lastname@example.org or via telephone on +61 1300 793 929
If your order is returned for refund and you received a promotional product or gift with the original purchase, the promotional product or gift must also be returned in original condition otherwise the retail price of same will be deducted from any refunded amount. If you wish to return purchased products but keep the promotional product or gift, we are happy to offer you an online credit note showing the retail price of the promotional product or gift being deducted from any refunded amount There is no warranty given or exchange available in respect of promotional products or gifts.
We reserve the right to cancel your order prior to delivery if:
9 Our refunds and exchange policy
If you take delivery of a product which is defective or was wrongly described on our website at the time of purchase, we will refund the cost of the product or exchange same at your request in accordance with the consumer guarantees provided under the Australian Competition and Consumer Act 2010 (Cth).
We understand selecting the right style and size online can be a difficult one. So, if you change your mind or if the goods delivered to you don’t comply with your order, we welcome an exchange, credit note or full refund on online orders within 30 days of purchase for Australian orders and 40 days for international orders, providing the tax invoice can be produced, the original tags are attached and items are returned in unworn condition.
The process for Australian orders is as follows:
We will reimburse you for the return shipping / postage on all goods that are defective or wrongly described on our website at time of purchase or don’t comply with your order, provided the goods are returned within 30 days of purchase.
We will reimburse you for the return shipping / postage on all goods returned within 30 days of purchase where you change your mind and reside within Australia. If you live outside Australia, the goods must still be returned within 40 days of purchase but the return shipping / postage is at the cost of you, the customer. Please contact us at email@example.com or telephone: +61 1300 793 929 initiative the return/exchange process.
In the case of an exchange, if the style you require is 'out of stock' an online credit note or refund will be issued.
For all returns under this section 9, enclose your merchandise and proof of purchase documents to:
We reserve the right to determine whether a product is defective and to conduct a production and quality check. If a product is deemed defective by us, a replacement item will be shipped where possible subject to stock availability or a credit note issued. Alternatively, if you have a requested a refund, we will make the necessary payment.
In the case of your returning goods for refunds or exchange, please note:
10 Questions and complaints
If you have any questions or feedback on any of the products advertised on this website, please complete our online query and feedback form [insert relevant email/hyperlink to online query form]. We greatly value our customers’ thoughts, which can help us to develop new and improved products for the future.
If you have a complaint regarding a specific order via this website, please complete our online complaint form by submitting a message on the Contact Us page.
11 General legal matters
General limitation of liability
Except as provided in these Terms and Conditions of Sale and to the extent permitted by law, we are not responsible for direct, special, incidental or consequential damages resulting from breach of any warranty or other provision of these Terms and Conditions of Sale (except in relation to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions).
These Terms and Conditions of Sale are governed by the laws in force in the State of Victoria, Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria including the Federal Court of Australia. This website is intended for access throughout the world. We make no representations that our website or any content, material or information on our website complies with the laws of any country which is not Australia. If you access our website from outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access our website.
Inability to carry out obligations
If we are unable to perform any or all of our obligations under these Terms and Conditions of Sale by reason of an event which is not reasonably within our control including without limitation omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.
None of our employees have the authority to vary any of these Terms and Conditions of Sale.
The provisions of these Terms and Conditions of Sale will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of this agreement.
Transaction by minors
If we suffer any damage or loss as a result of a person who is under 18 years old entering into (or purporting to enter into) a transaction via this website, we reserve the right to seek compensation from any parent/guardian of that person.
Any delay or failure by us to enforce any rights under these Terms and Conditions of Sale does not constitute waiver.