Welcome to the terms and conditions for using the exinfinitas.com website. By placing an order with us, you are agreeing to accept these terms and conditions (‘The Conditions’).
Our terms and conditions can potentially change at any time, and it is up to you to check them regularly before ordering products in case there are any changes. If you don’t agree with the terms and conditions set out below, you shouldn’t use or access this website.
If you have any queries about our terms and conditions, please contact our Customer Service Office at email@example.com
exinfinitas.com is a part of EX INFINITAS Proprietary Limited (‘EX INFINITAS’), registered in Australia, ABN 14 767 976 570
EX INFINITAS' total liability for any claim, however it arises, will not exceed the price of the goods supplied by EX INFINITAS to the customer, together with any postage costs incurred. EX INFINITAS will not be liable for any resulting customer loss, whether this arises from a breach of duty in contract or in any other way.
EX INFINITAS cannot accept any liability for a failure to comply with specific instructions stated in a catalogue or on the website. This statement does not affect customers’ statutory rights.
The terms do not affect your statutory rights.
WHAT YOU AGREE TO
- Your contract for purchases made through exinfinitas.com is with EX INFINITAS, and all goods ordered by you are for your own private and domestic use only and are not for resale.
- You must be eighteen years old or older. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site.
- All details you provide to EX INFINITAS for the purpose of ordering or purchasing goods must be true, accurate, current and complete in all respects; and the credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the product(s) ordered.
- You agree that email can be used as a long-distance means of communication.
NOT COMMITTING FRAUD
You will not use a false name or a known invalid credit card to order. This is a crime, and anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. EX INFINITAS tracks the electronic ‘fingerprints’ of every order placed on exinfinitas.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website.
OUR RIGHT TO END OUR AGREEMENT WITH YOU
EX INFINITAS Pty Ltd reserve the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you:
- if you fail to make payment to us when due
- if you breach any of our terms and conditions
- if, when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
- if we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on exinfinitas.com
You agree that if you break these Conditions, or if any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that EX INFINITAS or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).
You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Australian courts.
- When placing an order, you agree that any and all information given is accurate and complete.
- All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description.
- All prices listed on exinfinitas.com are correct at the time of entering the information, but we reserve the right to change prices of any product at any time. All prices for purchases in Australia include 10% sales tax.
- No contract for the sale of any product will exist between you and exinfinitas.com until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
- A confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost and usual delivery times. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
- If your order has not been accepted, you will receive an email from us telling you the reasons why.
- Discount vouchers are not available on exinfinitas.com
The delivery period is stated in the email that you will receive once your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in installments if certain items are out of stock.
If your delivery address is outside Australia, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance.
Please note customs policies vary widely from country to country. We recommend you contact your local customs office for further information. Please note international shipments may be subject to cross-border inspections by customs authorities.
In the event that your order does not arrive within the approximate delivery period stated we will do our best to assist in tracking your order. In the event of non-delivery of your order we are unable to process a replacement order until 21 business days following the original shipment date.
exinfinitas.com accepts most major credit/debit cards.
All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
CANCELLING AN ORDER
- If you haven’t submitted an order, you may clear a product in your shopping basket at any time by clicking the ‘Remove’ button next to it.
- If you have submitted your order and received a confirmation email from exinfinitas.com, you can still cancel your order as long as it is before 1pm on the day you placed the order. Please email your cancellation marked ‘URGENT CANCELLATION’ to the Customer Service team and list your name, address, product ordered and order code on the email.
- If you wish to cancel your order after 1pm on the day you placed your order, you will need to wait until you receive the product and then follow our Returns procedure. You’ll find more information about this in our Delivery and Returns page.
- Once we’ve heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 14 days of your order, provided the goods you return are in the same condition that they were in when delivered to you. You will be liable for any charges incurred when returning the goods to exinfinitas.com, unless the return is as a result of an error on our side.
- Due to the high volume of orders during sale times, it may not be possible for us to make amendments to your purchases once they have been ordered.
- All items must be returned unused, in their original condition and from the country that the order was delivered to.
You may return items sold by exinfinitas.com within 14 days from the date of delivery for a full refund, providing that the return tag remains attached to the garment and the item is in the same condition. For more information, please see our Delivery and Returns page.
We are happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped, through any circumstance that is in our error within 30 days from the date of delivery and if the item is in stock. For more information, please see our Delivery and Returns page.
EX INFINITAS will not pass on your personal, credit or debit card details to any third party without your permission.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your exinfinitas.com login details, please contact our Customer Service team immediately.
For more information, see our Privacy statement.
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on exinfinitas.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
DAMAGED, INCORRECT OR DEFECTIVE GOODS
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 30 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
THIRD PARTY CLAIMS
The products sold on exinfinitas.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from exinfinitas.com.
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed and for defective products under the Consumer Protection Act 1987.
All rights, including copyright, in the content of the exinfinitas.com web pages are owned or controlled by EX INFINITAS Pty Ltd In accessing exinfinitas.com web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the exinfinitas.com web pages for any other purpose whatsoever without the prior written permission of EX INFINITAS.
This website as a whole is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
THIRD PARTY AGREEMENT
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for EX INFINITAS products are those stated on the EX INFINITAS website, in EX INFINITAS catalogues or on other official EX INFINITAS material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The Conditions will be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.