Terms and Conditions
Welcome to our Clothing Carbon Credits website (the Site). Clothing Carbon Credits® (referred to as We, Us or Our) provides the services available on the Site to you subject to the following terms and conditions (the Terms and Conditions). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. These Terms and Conditions include any additional policies related to orders placed through this Site.
1. Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
2. About Clothing Carbon Credits®
Our business in Australia is operated by Fidium Pty Ltd (ACN 652 096 501).
3. Eligibility
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Australian law you must: (a) register your details on the checkout processes of the Site; and (b) be the holder of a valid debit/credit card or bank account.
4. Language
This contract is in English.
5. Products and product descriptions
Information on the Site
The Site has been designed to provide general information about Clothing Carbon Credits® and to offer the opportunity to purchase Clothing Carbon Credits® products and receive regular newsletters and updates on Clothing Carbon Credits® products. The information provided at the Site is not intended to provide environmental or sustainability or legal or other advice.
Products may not be available or as described
We endeavour to ensure that photographs, details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product and service descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free.
Information may be out of date
Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted.
6. Purchase Policies
Our right to cancel your order
If we reasonably believe, in our sole discretion, that the completion of your order may result in the violation of our Terms and Conditions or the product is out of stock or subject to some other form of recall from sale we may, with or without notice, to cancel or reduce the quantity of your order.
7. Prices
All prices indicated for products available via the Site are inclusive of sales taxes (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the checkout and delivery section of the Site.
8. Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Clothing Carbon CreditsÒ Site by clicking on the submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, and either an invoice for payment or confirmation that payment for your order has been debited to your credit/debit card. This is not an order acceptance from Clothing Carbon CreditsÒ.
Unless we have notified you that we do not accept your order or you have cancelled your order if permitted by the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require any information regarding your order(s) please contact Customer Services at admin@clothingcarboncredits.com.au.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
9. Payment
You many pay using any of the methods specified in the payment section of this Site. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
10. Title to goods
We will retain the legal ownership of the goods until the later of dispatch of the goods to you (i.e. leaving our warehouse) and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
11. Risk of loss
Risk in the goods will pass to you upon dispatch to the postal service, courier or if purchased in person, you directly.
12. Delivery
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only and can vary significantly. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery or damage during delivery caused by any third party.
13. Acceptance of goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Terms and Conditions. If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date.
If the goods you receive are faulty or not what you originally ordered, we will be happy to replace the goods when the original item(s) are returned to us.
Please notify us immediately at admin@clothingcarboncredits.com.au and be sure to include your order or invoice number. This policy is only applicable to purchases made online; we are unable to process returns for purchases made at a stockist. Returns for purchases made online will not be accepted for return or exchange at a stockist.
14. Intellectual property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property Clothing Carbon Credits®, its affiliates, our partners or our licensors, and is protected by Australian and international copyright laws. The trade marks, logos, and service marks displayed on the Site (collectively, the "Trade Marks") are the registered and unregistered marks of Clothing Carbon CreditsÒ, its affiliates, licensors or partners, in Australia and other countries, and are protected by Australian and international trade mark laws.
All other Trade Marks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. None of the content, the Trade Marks, and any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
15. Limited licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its content other than personal use; (iv) create any derivative work based upon either the Site or its content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trade Marks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trade Mark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in these Terms and Conditions without prejudice to any other remedy provided by applicable law.
16. Your obligations and responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You must act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you inadvertently or wilfully breach any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Clothing Carbon Credits®, our affiliates, partners or licensors.
The IP in any content posted by you on our Website is irrevocably assigned to us and may be used by us on the Website and other platforms and mediums. You agree that you will adhere to all laws, customs and standard ethical practices when posting on the Website. If we locate any content that breaches our ethical standards (for example, is a review of a product you have not tried; makes false claims; or contains factually incorrect statements) then we reserve the right to remove your content and ban you from use of our Website. This is in addition to any other rights we may have against you at law.
17. Third party links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
18. Limitation of liability
No representations or warranties
To the extent permitted by law, we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
The information and reference materials contained on Our Site and any blog are intended solely for the general information of the reader. The information contained on this Site is for discussion purposes only and is not intended as advice.
Exclusion of loss caused by certain things
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any
(a) interruption of business;
(b) access delays or access interruptions to the Site;
(c) data non-delivery, mis-delivery, corruption, destruction or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the Site;
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party sites;
(f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
(g) events beyond our reasonable control.
Exclusion of certain types of loss
To the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (or any lost profits) related to the Site and our products regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Cap on liability
In no event shall our maximum aggregate liability exceed one hundred dollars as applicable or the value of the goods ordered, whichever is greater.
21. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable lawyers' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or our products. You also agree to indemnify us for any loss, damages, or costs, including reasonable lawyers' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
22. Complaints
If you wish to complain about any matter please contact Customer Services at admin@clothingcarboncredits.com.au.
23. Disputes
Your use of this Site and any purchase by you of any goods from Clothing Carbon CreditsÒ will be governed by Australian law and the parties submit to the exclusive jurisdiction of the Australian courts.
24. General
Entire agreement
You acknowledge and agree that these Terms and Conditions, including the receipt and information on or in the product, are the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications.
We may amend these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No agency or partnership with you
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
A failure to enforce is not a release of rights
Our failure to require your performance of any provision of these terms and conditions will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Rights are cumulative
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
Time not of the essence
Time is not of the essence of these Terms and Conditions with regard to any of the times, dates and/or periods mentioned herein.
If a term is unenforceable
In the event that any provision of these Terms and Conditions are unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
25. Discount codes
If you have a discount code, you code needs to be entered at the checkout. These terms and conditions apply to all discount codes or promotions where you must redeem a promotional code to obtain the promotional offer:
- The promotional code is valid for a limited time only.
- Each promotional code can be used only once, unless otherwise specified.
- Each promotional code applies only to qualifying items as specified in the offer.
- The promotion is subject to all restrictions set forth in the offer.
- The promotional code is not transferrable and may not be resold.
- If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.
- Promotional codes may not be combined with other offers.
- There is a limit of one promotional code per customer.
- Promotional codes must not be published online or disclosed to any third party, you will be liable for any loss occurring as a result of such conduct.
- If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply.
26. Use of Electronic Addresses
All electronic addresses of Clothing Carbon Credits and its employees published on the Site, in any email or in a newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by Fidium Pty Ltd and its employees to receiving unsolicited commercial electronic messages not directly related to the Site, the newsletter or the Clothing Carbon CreditsÒ business.
27. Spam
By purchasing Clothing Carbon Creditsproducts online or subscribing to our electronic communications you are consenting to receive electronic communications from Us regarding Clothing Carbon Credits’ products, offers and services. You can withdraw your consent by unsubscribing at any time simply by click "unsubscribe" or "manage subscriptions" from the electronic communication.
28. Feedback
While We are pleased to receive feedback, comments and ideas from visitors to the Site, any information that you submit through the Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to Us. Your use of the Site constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Site or to Clothing Carbon Credits email addresses, you hereby grant Us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that We are free to use them for any purpose.
29.Online returns and exchanges
We hope that you are happy with your order. However, if there is a fault with the product or it is not the product that you ordered, you may return the product within 7 days of delivery and we will provide a replacement product of the same value at free of charge. Please be aware that postage will be at your cost.
Returns will be processed within 5 to 10 business days upon receipt. In the event that a refund (excluding the initial delivery charge) is given, it will be made against the original debit/credit card used.
We cannot accept returned goods that we believe have been used. In such circumstances, we will notify you that no refund will be available and we will return such goods to you. Please be aware that we do not provide exchanges or returns for a change of mind.
Returns process
- Email us at admin@clothingcarboncredits.com.au with your invoice / receipt and all details of why you would like to return your product.
- Return the goods to us in their original condition within 7 days of delivery. Please ensure that the parcel is properly padded, sealed and secured and ensure our email correspondence is contained in the parcel along with all original invoice details.
- We will process the return within 5 to 10 business days of receipt then contact you via email or telephone.
30. Shipping and delivery
Shipping and delivery requirements
Deliveries are made during normal business hours. All imported goods are subject to assessment for import taxes and charges even if you imported those goods for your own use. Any international taxes and duties are payable by you. We will select the best methods to minimise costs of taxes, duties, customs and freight wherever possible to make your experience in purchasing our product online as pleasant and convenient as possible. However, unfortunately We are unable to provide information relating to the cost of unexpected taxes or duties as these charges vary and are beyond our control.
Please note that once an order has been placed, the shipping option cannot be modified, and your order will be shipped to the delivery address you provided. Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed. Please also note that tracked deliveries that cannot be delivered because you are unavailable will be shipped again at your expense or cancelled. Please be advised that We cannot be held responsible for lost packages or delays although we will do our best to sort it out with the carrier.
We will accept and deliver orders within the limit of available stock. In case items are temporarily or permanently unavailable, we will send you an email so that you are informed. You will then have the option of modifying or cancelling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we undertake to give you a full refund as quickly as practicable.