BARELY DRESSED RECORDs
TERMS & CONDITIONS
The Barely Dressed website located at http://www.barelydressedrecords.com/ (the “Website”) is owned, controlled and operated by Look Out Kid Pty Ltd T/A Barely Dressed Records (ABN 51 167 194 541) (“Barely Dressed”, “we”, “our”, or “us”).
The terms & conditions below (the “Terms”) shall apply to any person who uses and/or purchases goods off the website.
By using this Website, you (the “Customer” or “you”) agree to comply with and be legally bound by the Terms.
Barely Dressed has the right to amend, remove or vary the Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to the Terms and by continuing to use and visit the Website, the Customer agrees to be governed by the Terms as varied from time to time.
PURPOSE OF OUR WEBSITE
The purpose of this Website is to provide information to you about Barely Dressed goods and services, provide contact details and information about our company, offer promotions and provide an online storefront for the purchase of our products (“Goods”).
RELYING ON OUR WEBSITE
We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. Barely Dressed will not be liable if for any reason the Website is unavailable at any time or for any period. You acknowledge and agree that your use of the Website is on an “AS-IS” basis and from time to time, Barely Dressed may restrict access to some parts, or the entire Website, without notice to you.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Barely Dressed own all rights, title and interest in the copyright and other intellectual property rights contained in the Website, in the structure of the Website as well as its look and feel (collectively the “Intellectual Property Rights”). All components of the Website including text, fonts, graphics, photos, logos, videos, domain names, service marks, trade marks, information, designs, source code and data (“Content”) have been specifically created by and/or for Barely Dressed and as such are our exclusive property. The Content must not be modified or altered in any way.
You are authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. However, you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of this Website or the Content for any other purpose.
TERMS OF SALE
By placing an order for any Goods via the Website (“Order”) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Barely Dressed with respect to the supply of the Goods in accordance with these Terms.
Barely Dressed reserves the right to accept or reject an Order for any reason at any time.
All Orders are subject to availability of the Goods.
The Customer acknowledges that all Orders made are for personal or domestic use as opposed to commercial use.
The Customer must be over 13 years of age and possess a valid credit or debit card issued by a bank acceptable to Barely Dressed.
PRICING & FEES
The price of all Goods are specified on the Website (“Price(s)”). The Prices listed on the Website are exclusive of any shipping fees (see below).
Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are inclusive of goods and services tax (“GST”). Any fees and charges (e.g. delivery fees) imposed by these Terms also include GST where applicable.
Barely Dressed reserves the right to change or alter the Price of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
The Barely Dressed online storefront (“Online Store”) is hosted on Bandcamp. Bandcamp provide us with the online e-commerce platform that allows us to sell our Goods to you.
Your use of the Online Store to purchase Goods is subject to our Shipping Policy (outlined below) and our Returns Policy (outlined below), both of which are incorporated into the Terms by this reference.
Barely Dressed’s estimated delivery time within Australia is 7 business days following placement of an Order, depending on the Customer’s location and availability of the Goods. Estimated delivery time for any international orders is between 10-20 business days.
Any period or date given for shipping of an Order by Barely Dressed is intended as an estimate only and is not a contractual commitment. Barely Dressed will use its best reasonable endeavours to meet any estimated shipping dates but Barely Dressed will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date. Shipping of any Order may also be subject to delays resulting from postal delays or force majeure for which Barely Dressed will not be held responsible.
Barely Dressed will accept no cancellations, changes to Orders, or returns for ‘change of mind’ unless provided for under the Terms or otherwise agreed. Customers therefore need to make sure their Orders are accurate before submitting to Barely Dressed.
If the Customer discovers that the Goods are faulty or damaged, the Customer must notify Barely Dressed within 14 days of purchase either by returning the goods or via email at firstname.lastname@example.org.
If Barely Dressed inspects the Goods and confirms that there is a fault, the Customer will be entitled to a full refund (including postage costs), replacement (if available), exchange or credit.
Customers are liable for any delivery costs if the Goods are found not to be damaged or faulty.
Title in the Goods for each Order will not pass to the Customer until the Customer has paid Barely Dressed all monies owing to the Barely Dressed under these Terms for that Order (including without limitation the purchase Price of the Goods and shipping fees).
The risk in the Goods passes to the Customer when the Goods leave the Barely Dressed’s premises to be shipped to the Customer.
Barely Dressed will not be held responsible for any occurrence that may happen following the shipping of an Order, including theft or damage if a Good is delivered to an unattended address.
THIRD PARTY LINKS
The Website may contain links to other websites (including users and affiliates of Barely Dressed) over which Barely Dressed have no control. The Customer agrees that those links are provided for your convenience only, and Barely Dressed is not responsible for the availability of, and content provided on, third party websites.
Barely Dressed make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
You must not access or use the Website:
a. In a way that violates these Terms;
b. For unlawful activities or purposes;
c. In a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
d. In a way that violates any applicable law (including, without limitation, applicable privacy laws);
e. In a way that infringes the rights (including the Intellectual Property Rights, as defined below) of any other person OR
f. Via the use of automated scripts, scrapers or ‘bots’.
LIMITATION OF LIABILITY
The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other rights, in relation to the quality for purpose of consumer goods sold in Australia. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws, which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Barely Dressed makes no warranties or other representations in relation to the supply of Goods. Barely Dressed’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
The Customer’s use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content. The Customer agrees that they are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website.
You agree to indemnity and hold Barely Dressed harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Barely Dressed by you or any third party due to or arising out of, or in any way connected to your access and/or use of the Website or purchase of the Goods.
Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it.
OUR CONTACT DETAILS
Barely Dressed Records
PO BOX 609
Northcote VIC 3070