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Terms & Conditions

Tom-Boi / Terms & Conditions

TERMS AND CONDITIONS:

These terms govern the use of Tom-Boi.com (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Tom-Boi Pty Ltd ABN 50 601 669 685 and apply to the ordering, purchase, fulfilment and delivery of goods from the Website. Please read the FAQ’s carefully before placing your Order as these contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy and Returns and Refunds Policy) set out the entire agreement between you and Tom-Boi and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations. 

AVAILABILITY:
Occasionally unforeseen demand or supply issues may result in stock being unavailable. We will contact you in a timely manner, and offer you the opportunity to wait for, cancel or change your order. Your credit card is not charged until your order is processed.

ACCURACY:
We do our best to represent all of our products as true to life as possible, however this may depend on the colour reproduction on your computer or mobile device.. If you find that the product is not as you expected, then please CONTACT US  and provide your order number, brief description of the issue and if possible a photo of the problem and we will do our best to rectify the problem. If it turns out to be a faulty product then we will refer to the faulty item clause (see below for more information)

GENERAL LIABILITY:
To the extent permitted by law, in no event shall Tom-Boi Pty Ltd, its proprietor, officers, servants, agents, successors and assigns be liable for any property damage, personal injury, loss of use, loss of product, or consequential, indirect or incidental loss or damage suffered as a consequence of use of this website, placement of an order or purchase of a product, howsoever arising. This cannot be included as it breaches a Consumer Guarantee contained within the Australian Consumer Law. If you have any other questions regarding our terms and conditions, please head to our CONTACT US page and let us know how we can help.

WARRANTIES:
Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by applicable law, we do not warrant the accuracy, adequacy or completeness of material on this web site. All information is subject to change without notice. We do not guarantee that this web site or third party web sites will be free from viruses, or that access to this web site or third party web sites will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.

INDEMNITY:
You indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Web Site Terms of Use.

AVAILABILITY OF THIS WEB SITE:

  1. As electronic services are subject to interruption or breakdown, access to this Web Site is offered on an “as is” and “as available” basis only.
  2. We may impose limits or restrictions on the use you may make of this web site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, we may withdraw this web site at any time and without notice to you.

COPYRIGHT AND TRADEMARKS:

  1. Copyright in this web site is owned by Tom-Boi Pty Ltd.
  2. Except where necessary for and incidental to personally viewing the material on this web site via your web browser, or as permitted under the Copyright Act 1968 or other applicable laws, no material on this web site may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our written consent.
  3. Tom-Boi and its logo is a registered trademark and may not be reproduced, copied or stored without permission.

GENERAL:

  1. The law applicable to this Web Site and to disputes arising out of this web site is the law of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
  2. Should any clause or part thereof of these terms of use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
  3. You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. “Right” means any right of Tom-Boi arising under or in connection with these terms of use or otherwise, and includes the right to rely on this clause. “Waiver” includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.

PAYMENTS:
All payments are to be made through our chosen payment gateways which include, Afterpay, Stripe or PayPal. You will be asked to provide details of your current and valid credit card, including:

  • Credit card type
  • Name on card
  • Credit card number
  • CSV# (Credit Card Security Number)
  • Expiry date

These details are taken by a third party and are never known to Tom-Boi Pty Ltd. Your payment security is important to us so we will always choose the safest payment gateways available.

RETURNS POLICY:
If you would like to return your purchase, please refer to the FAQ’s questions to guide you through this process. Refunds must be applied for within 7 days of your purchase being received and can be done by sending us an email through our CONTACT US page. Items must not have been worn and are to be in perfect condition (unless the product has a fault as it sometimes it needs to be worn to find a fault, thats fair enough!), with all tags and packaging intact to be eligible for refund .

Once the garment has been inspected and approved, the purchase amount will be credited to the purchaser’s original payment method or a replacement can be arranged with postage covered by us.

Tom-Boi will not reimburse or compensate for lost packages. We have the right to deny a refund if the merchandise returned does not meet our return policy requirements.

SALE:
No further discounts apply to any sale item unless specifically stated by Tom-Boi Pty Ltd for a particular sale item.

FAULTY ITEMS:
Each item is carefully inspected before an order is sent, however should a garment arrive in less-than-perfect condition, it will be refunded free of any extra postal charge.

If Tom-Boi Online deems the item to be faulty, we will refund the total cost of the item as well as any postage fees. Refunds will be made within 10 days of receiving the faulty item. Please be mindful that if our quality control team deems the item not to be faulty or to have been tampered with, it is the responsibility of the purchaser to arrange the return of the item.

Provided that nothing within these terms in any way seeks to limit or oust the operation of any consumer guarantee contained within the Australian Consumer Law. For any questions, feedback or concerns, please get in touch with us via our contact us page.

INCORRECT ITEM:
Firstly we are sorry that you received the wrong item (totally our bad!), we know how excited you get when your Tom-Boi product arrives! If we get the order wrong then we will happily exchange the item and will ensure all costs associated with returned goods, including delivery, is at no expense to you. Please get in touch with us via our CONTACT US page and provide us with:

  • Your name
  • The order number
  • A brief description of the problem you are experiencing

We will do our best to rectify the issue as soon as possible. If the product replacement is out of stock or discontinued we will offer a complete refund (for this item only and not the entire order) through the original payment method used.

SHIPPING:
Shipping/delivery prices are subject to change without notice. All delivery times provided in this website are estimates only provided by Australia Post. Tom-Boi Pty Ltd will not be held responsible for deliveries that are late, lost or damaged. Customers bear all the risk of loss and damage associated with the order as of the time it has been cleared from our premises.

ORDERS:
Products displayed on this website may be out of stock or discontinued. You will be informed via email within 48 hours if this occurs. The order confirmation created after an online sale together with these Terms and Conditions is the final binding agreement between us and you on the matters stipulated by these Terms and Conditions.

WHOLESALE-SPECIFIC:

WHOLESALE PRICING:

All prices are listed in Australian dollars and don’t include shipping fees. Prices are subject to change without notice.

OPENING ORDERS:

In establishing new clients there is some flexibility in primary order quantities, however minimum orders start at 100 units.

CHANGES TO ORDERS:

Any changes or cancellation to orders must be emailed to info@tom­boi.com within 24 hours of the order being placed.

METHOD OF PAYMENT:

Western Union, direct bank transfer and PayPal, are all accepted forms of payment.

DELIVERY & SHIPPING:

Though your shipment will likely go out sooner, please allow up to 2 weeks for your order to be shipped or 8 weeks if your order is larger than our warehouse supplies. Shipping/handling charges will be calculated and added to your order once we know the final order quantity. We reserve the right to use our discretion as to the carrier to be used on any shipment. Your preferred carrier may be used if you agree to assume any additional transportation charges.

DAMAGES / DEFECTS:

Please inspect all shipments immediately upon arrival. Please contact info@tom­boi.com within 5 days of receipt of damaged or defective shipments. Returned merchandise will be replaced with new merchandise. Returned merchandise will not be accepted if it is held for more than 14 days after receipt.

RETURNS / EXCHANGES:

Wholesale merchandise may not be returned or exchanged. We only accept returns in the case of defective merchandise as noted above.

CONSIGNMENT:

At this time, we are not able to do consignment, however there may be exceptions to this so drop us a line at info@tom­boi.com and we can chat.