These are the terms of service on which we agree to supply to your products ordered on our website https://www.getthebag.com.au. Please read these terms carefully before you submit your order to us.
1. Contact
1.1 Who are we? We are Get The Bag, a business registered in Australia with Australian Business Number 93 151 416 809.
1.2 How to contact us. You can contact us at getthebagsales@gmail.com
1.3 How we may contact you. If we have to contact you, we will do so by telephone, email or (if necessary) by post, using the contact details you provided to us when placing your order.
2. Your order
2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because we have sold out of limited production run products, because we have identified an error in the price or description of the product, or we have identified your order as attempting to use methods generated by a script, macro, bot or through the use of other automated devices.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. Our products
3.1 Availability. We try to ensure that the website does not have any technical problems and that products displayed are available. However, as our product lines are typically produced in limited production runs and released on our website in product drops for which there is high demand, we cannot guarantee the availability of the website or that any products on the website will be available for purchase. In the event that your ordered items are unavailable we will notify you as soon as we can.
3.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Please note that colours on our website may vary slightly depending on how your monitor is calibrated and which operating system your computer or mobile device uses. We do our very best to make sure all our images are true to the actual product you are purchasing but we can’t guarantee a perfect match every time due to almost limitless variations in home monitor set ups and operating systems.
4. Delivery
4.1 When your order will be shipped. The estimated delivery times are set out on our website. Once we have dispatched your order, we will send you an email confirming that your order is on its way.
4.2 Delivery costs. The costs will be as displayed to you on our website prior to checkout.
4.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery (if possible) or collect the products from a local depot.
4.4 When you become responsible for the product. The product will be your responsibility once delivered to the address you gave us.
4.5 When you own products. You own a product once we have received payment in full.
4.6 Customs duties and taxes.
For customers outside of Australia: You will be responsible for any customs duties or taxes and any other customs requirements when importing products into a country outside of Australia. Any such customs duties or taxes may be significant and so please ensure you confirm the position before placing your order. We are not responsible for any such customs duties, taxes or requirements, nor are we responsible for any parcels returned for unpaid customs duties or taxes or non-compliance, and we will not issue refunds under these circumstances.
YOU WILL BE CONTACTED BY THE RELEVANT THIRD-PARTY LOGISTICS PROVIDER TO COLLECT PAYMENT OF ANY DUTIES, TAXES AND HANDLING FEES AHEAD OF DELIVERY.
4.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 8.2 will apply.
4.8 We are not responsible for delays outside our control. If our supply of products is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5. Price and payment
5.1 Paying for your order. The price of the order and delivery costs (which includes sales tax where applicable) will be in Australian Dollars and will be indicated during the order process. We accept payment for orders by Visa, MasterCard, American Express, PayPal, Afterpay, Zip Pay and Coinbase Commerce.
5.2 For customers based outside of Australia: The price of the order excludes any overseas customs duties or taxes and any other customs requirements when importing products into a country outside of Australia. Any such customs duties or taxes may be significant and so please ensure you confirm the position before placing your order. We are not responsible for any such customs duties, taxes or requirements, nor are we responsible for any parcels returned for unpaid customs duties or taxes or non-compliance, and we will not issue refunds under, these circumstances.
6. Queries and complaints
6.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at getthebagsales@gmail.com
7. Our responsibility for loss or damage suffered by you
7.1 Your legal rights. You have certain rights under the law, including that any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this website. Nothing in these terms and conditions will affect your legal rights.
7.2 Liability. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
7.3 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, loss of goodwill, business interruption or loss of business opportunity (and in each of these cases whether the losses suffered are direct or indirect). This is subject to paragraphs 7.1 and 7.4.
7.4 Loss and damage that is not limited by us. Nothing in these terms and conditions will have the effect of limiting or excluding our liability (i) for death or personal injury caused by our negligence, or (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be excluded or limited under applicable law, such as your legal rights referred to in paragraph 7.1 above.
8. Other important terms
8.1 We may change these terms and conditions from time to time.
8.2 We may transfer our rights and obligations under these terms to another organisation or deal with them in any other way that we consider appropriate.
8.3 You may only transfer your rights or your obligations under these terms to another person.
9. Specialty Releases
9.1 All 72-hour releases, 24-hour releases, DTG items are made-to-order items and are considered specialty releases. As the products are made-to-order, shipping of orders containing these products will occur once the product has been printed. Fulfilment of orders containing these products will occur as they are made available to dispatch. Shipping times of orders containing any of the above products are longer than standard timeframes.
9.2 Production timeframes for specialty release items can be 24 hours to 7 days depending on stock held, this will impact order fulfilment for any orders that contain these products. Once the items have been produced orders will be fulfilled from the earliest received.
9.4 Nobody else has any rights under these terms and conditions. This contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
9.5 If a court or relevant authority finds part of these terms are unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.7 These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Australian courts.
