Terms of service
The website available at www.cubsandco.com.au (Website) is owned and operated by us, D KIM INVESTMENTS PTY LTD (ABN 37 646 019 061) (Cubs & Co.).
In these Terms of Service (Terms), the expressions “we”, “us” and “our” are a reference to Cubs & Co.
These Terms, which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on our Website and your use of our Website. By browsing, accessing, using the Website or ordering a product (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Website. By continuing to use the Website you agree to be bound by such revised Terms. If you do not accept these Terms you must cease using this Website immediately.
2.1 You must only use our Website in accordance with these Terms and any applicable law.
2.2 You must not (or attempt to):
(a) interfere with or disrupt the Website or the servers or networks that host the Website;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
(c) interfere with security-related or other features of the Website.
2.3 To place an Order, you may either register for an account with us (“Account”) or purchase via the guest option on the Website. To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address.
2.4 To place Orders you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian.
2.5 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
2.6 If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us immediately at hello@cubsandco.com.au and take immediate steps to re-secure your Account (including by changing your password).
2.7 We do not warrant that the Website will be available at all times and without disruption.
3.1 The Website and its contents, including the advertised products, are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Cubs & Co.
3.2 You must not reproduce, transmit, copy, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website except as permitted by statute or with our prior written consent.
3.3 We do not represent or warrant that the information on our Website is reliable, accurate, complete or current and we accept no responsibility for errors or omissions. Any reliance on the material on this Website is at your own risk.
3.4 Prices for, and the availability of, products offered for sale on our Website are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any product advertised on it) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website or any product sold on the Website.
3.5 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on our Website.
3.6 We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
4.1 When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it.
4.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told at the checkout the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any shipping charges to have the products delivered to the address provided by you. Unless otherwise stated all charges are in Australian dollars.
4.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
4.4 When you place an Order, you will receive an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
(b) we suspect that you might on-sell our products to other consumers;
(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
(d) if there has been an error in the imagery, price or product description on the Site,
(e) for any other reason, at our reasonable discretion.
4.5 If we cancel your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
4.6 Please see our Returns Policy for details on when and how products can be returned once an Order has been made through our Website.
5.1 We will aim to have our third party delivery partner (Australia Post) deliver the Order to the address advised by you at the time of purchase within the estimated delivery timeframe for your location and type of postage nominated by you as detailed on the Website. We cannot make any absolute guarantees when your Order will be delivered and except no liability for any delay in your Order being delivered.
5.2 You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS or email prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
5.3 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use 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. We reserve the right to change the locations we deliver to at any time in our sole discretion.
5.4 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed due to an act or omission by you, 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.
5.5 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
7.1 You use our Website at your sole risk. Unless unable to be excluded by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of, or inability to use, our Website or your purchase of any products through our Website. You release and hold us harmless from any such loss or damage.
7.2 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our Website, any products or services we have provided, or in connection with any act or omission by us (negligent or otherwise).
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
9. TERMINATION OF ACCESS
Access to this Website may be terminated by us at any time by us without notice.
10.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Website.
10.2 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
10.3 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
10.4 Severability: If any part of these Terms is void, unenforceable or illegal, it will be severed and the remainder of these Terms of Service will continue to have full force and effect.
10.5 Governing law: These Terms are governed by and construed under the laws of New South Wales, Australia.
We’d love to hear from you. Send us an email at hello@cubsandco.com.au