Terms & Conditions

 

 

 

LAWFUL PURPOSE

You agree to use hgcollective.com only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of hgcollective.com by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to hgcollective.com.

You must not post or transmit via hgcollective.com any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

DISCLAIMER

Your use of hgcollective.com does not:

• affect or reduce any obligation owed to You by any Agency;

• reduce any obligation You owe to any Agency. hgcollective.com is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to Your particular circumstances.

CONTENT

Comments on hgcollective.com are provided by, and are the responsibility of, the person or people who made such postings. We do not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any the comments posted on hgcollective.com or endorse any of the opinions expressed.

We take reasonable care in linking to other websites but we have no direct control over the content presented in those websites or the availability of those websites.

We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.

We do not endorse or recommend any links to external websites, or third party content, including products and services offered by, from or through those websites or their content.

SECURITY

The development and management of hgcollective.com is coordinated by us.We strive to protect comments and information you provide on hgcollective.com. We will use all reasonable endeavours to ensure that your comments and information are not compromised. However, we cannot guarantee that no Harmful Code will enter hgcollective.com

You should be aware of the risks associated with using websites.We recommend that you use appropriate and up­to­date firewall and anti­virus software to protect your computer systems.

PRIVACY

For more information about how we protect your privacy and personal information, please see our Privacy Statement.

In order to participate in, and contribute to, hgcollective.com you may be required to register and provide an email address.

We will only use and disclose your personal information to a person, body or other Agency: to provide you with a service that you have requested;as authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user.

GENERAL

All contracts and dealings between Home Grown Collective and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Home Grown Collective’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Home Grown Collective to the Customer through the website hgcollective.com(‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Home Grown Collective from time to time.

DEFINITIONS

Harmful Code – Any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware.

You and Your means the user of govspace.gov.au and hgcollective.com.

Our, Us and We means the Commonwealth of Australia represented by Home Grown Collective.

VARIATION

Home Grown Collective has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.

WEBSITE ACCESS

Access to the Website is permitted on a temporary basis, and Home Grown Collective reserves the right to withdraw or amend the Services without notice. Home Grown Collective will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Home Grown Collective may restrict access to some parts or all of the Website without notice.

PRICE & STYLE INFORMATION

Prices are subject to change without notice. All merchandise will be shipped at prices effective at time of invoicing. Home Grown Collective reserves the right to change or discontinue styles, colours, sizes or fabrics.

INTELLECTUAL PROPERTY

By placing an order for any Goods on 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 Home Grown Collective with respect to the supply of the Goods in accordance with these Terms.

All Orders are subject to availability of the Goods and confirmation of the Order price.Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Home Grown Collective will not be responsible.

The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and noncommercial use.

In order to contract with Home Grown Collective the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Home Grown Collective.

Home Grown Collective reserves the right to accept or reject an Order for any reason at any time.

When placing an Order the Customer undertakes that all details that are provided to Home Grown Collective are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

TERMS OF SALE

All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Home Grown Collective.

The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and noncommercial purposes only. Such content must not be modified or altered in any way.

The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Home Grown Collective. Such consent may be withheld by Home Grown Collective at its absolute discretion.

The Customer must not remove any copyright or trade mark notices from the content found on the Website.

Home Grown Collective makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

PRICE

The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).

Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.

Home Grown Collective reserves the right to change or alter the Prices 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.

In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

Home Grown Collective will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

CANCELLATION, REFUND; EXCHANGE POLICY

Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Home Grown Collective. The Customer will, however, be able to return Goods in accordance with Home Grown Collective's returns policy.

Home Grown Collective may accept returns within 14 days for Australian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in its original purchase condition with the tags still attached.

Goods for return must be posted at the Customer’s expense to:

PO BOX 504
CHADSTONE CENTRE
VICTORIA 3148 AUSTRALIA

The customer must include their Tax Invoice; completed returns form within their return parcel.

Any Goods which Home Grown Collective has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Home Grown Collective.

Upon accepting the goods, Home Grown Collective will issue the customer with a Gift Voucher in order for the customer to purchase their alternate size/style.

Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note. For any queries on this please contact us at [email protected]

DAMAGED OR FAULTY GOODS

All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

If the Customer discovers that a Good is faulty or damaged, the Customer must notify Home Grown Collective within 14 days of purchase or within a reasonable time frame thereafter either by returning the goods with return slip and explanation, or via email at [email protected] along with a description of the product, fault, size and style and the customer’s preference for a refund, replacement, exchange or repair. If Home Grown Collective inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).

Home Grown Collective will meet the packaging and postage costs associated with the Customer returning a faulty or damaged Good.

Customers are liable for any delivery costs if the Good is found not to be faulty.

PRE-ORDER

A Pre-order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The date of delivery will be displayed under the description in each Good.

LIMITATION OF LIABILITY AND INDEMNITY

The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. 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, Home Grown Collective makes no warranties or other representations in relation to the supply of Goods. Home Grown Collective's liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Home Grown Collective, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.

Home Grown Collective does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.

Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Home Grown Collective against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Home Grown Collective retakes possession of the Goods in accordance with clause 9.

WAIVER

The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.

The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.

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.

FORCE MAJEURE

If the performance of Home Grown Collective’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Home Grown Collective, Home Grown Collective will not be liable for any loss or damage suffered by the Customer or any other person and Home Grown Collective will give the Customer written notice if the force majeure event has continued unabated for 30 days.

GOVERNING LAW JURISDICTION

These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

SEVERABILITY

The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.

The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

INTELLECTUAL PROPERTY

All rights in respect of an invention, discovery, trade secret, secret process, know­how, concept, idea, information, process, data, formula, or work product is owned by Home Grown Collective. Unless specifically stated all illustrations and designs created by Home Grown Collective cannot be used in any other way other by another company or website. If you would like to utilise any of the artwork or illustrations depicted on hgcollective.com you must have authorisation from the owners of Home Grown Collective. Home Grown Collective  have the right to refuse the use and repurpose of their intellectual property.

ENTIRE AGREEMENT

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 and may only be altered in writing signed by all parties.