Terms & Conditions

Last updated on 28 May 2020

The Someday Co Pty Ltd

ABN 63 640 081 483

TERMS AND CONDITIONS

FOR BUYING PRODUCTS

AND JUST BROWSING

 

Welcome to The Someday Co.

In these terms, we also refer to The Someday Co as “our”, “we, or “us”.

And you are you!

 

What are these terms about?

These terms apply when you use this Website, being www.thesomedayco.com and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase our products, including apparel, clothing, accessories and other items, through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [insert link].

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products (applies when you buy)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to buying and browsing)

 

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

I’ve returned to your shop, do I need read these terms again?

Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

PART A

FOR WHEN YOU BUY PRODUCTS…

  1. SUBMITTING AN ORDER
    1. By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      2. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  2. PRODUCTS
    1. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    2. Until the price of your Products is paid in full, title in those Products is retained by us, or the original supplier of the Products (Supplier), as applicable. Risk in the Products will pass to you on delivery in accordance with clause 4. Delivery must not be refused by you.
  3. PAYMENT
    1. All prices are:
      1. per unit (except where indicated);
      2. in the currency shown on the site at the time of placing an Order; and
      3. subject to change prior to you completing an Order without notice.
    2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    3. (Taxes) Unless otherwise indicated, amounts stated on the Website do not include GST or any customs or import taxes that may be applicable on international orders (Tax). In relation to any Tax payable for a taxable supply by The Someday Co, you must pay the Tax subject to The Someday Co providing a tax invoice.
    4. (Card surcharges) The Someday Co reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
    5. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  4. DELIVERY AND SHIPPING
    1. (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    2. (Delivery Details) The Someday Co may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      1. delivery is to the delivery point specifically accepted by The Someday Co; and
      2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    3. (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
    4. (International Orders) The Someday Co reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
  5. CHANGES TO YOUR ORDER AND REFUNDS
    1. CANCELLATION BY US
      We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
    2. CANCELLATION BY YOU
      Once you have placed an Order, that Order cannot be cancelled. However, if your Product is delivered faulty within the meaning given in clause clause 5.5, our returns process will apply.
    3. RETURNS
      1. We do not offer change of mind returns.
      2. We will provide a full refund of the price paid for the Products if we determine that:
        1. the Products you have ordered were not received by you solely due to failure by us;
        2. the Products provided to you are not substantially the same as the Products you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
        3. the Products are faulty, in accordance with clause 5.
      3. EXCHANGE OF SIZE
        • If you would like to exchange the size of the Products you have ordered for a different size, within 14 days of receipt of the Products and subject to any other exchange process set out on our website, please:
          • let us know by email the details of your order and your requested size exchange; and
          • post the new and unused Products (at your expense) in their original packaging to the postal address we direct you to return the Products to.

      4. We will then arrange for your requested size of the Products to be sent to you (at our expense).

    • If the Products are not new, unused and/or in their original packaging, or clause 4(a) is otherwise not complied with, we reserve the right to send the Products back to you at your cost and will not refund the Products.
    • Swimwear and underwear must be returned with their original inner protective lining. We reserve the right to reject exchange requests for swimwear and underwear that do not comply with this clause.
    • FAULTY PRODUCTS

    The following process applies to any Products you believe to be faulty.

    • If you believe your Products are faulty, please contact us using the details provided on our Website with a full description of the fault (including images if possible) within a reasonable time after you receive the Products. The Someday Co will not refund Products after more than a reasonable time after purchase.
    • If we determine that your Products may be faulty, we will request that you send the Products back to the Supplier (at the Supplier’s cost) for further inspection.
    • If the Supplier determines that the Products are faulty (either after receiving the description of the fault in accordance with clause 5(a)(i) or on receipt of the Products in accordance with clause 5.5(a)(ii)) we will let you know and you will either be refunded the full amount paid (including shipping costs) back to your original method of payment unless you request otherwise and we approve this request, or we will send you a replacement Product (at your discretion).
    • If the Supplier determines in its reasonable opinion that the Products are not faulty, or is faulty due to fair wear and tear, misuse, or failure to take reasonable care, we will let you know that the Supplier has refused your return and will send the Products back to you, at your cost.
    • If you fail to comply with the provisions of this clause 5 in respect of faulty Products, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such faulty Products.
    • Nothing in this clause 4is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
    1. INTELLECTUAL PROPERTY
      • The Someday Co retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
      • In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    2. THIRD PARTY SUPPLIERS
      • We may do any of the following:
        • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
        • procure materials and Products from third party suppliers;

    without further notice to or permission from you.

    • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or Products.
    1. PUBLISHING PHOTOS ONLINE / ON SOCIAL MEDIA

    You may publish photos of the Products online or on social media (or both), and we ask that you please provide accreditation to us by reference or hashtag. We reserve the right to require you to remove any posts that feature the Products or remove any accreditation to us.

    PART B

    FOR WHEN YOU BROWSE THIS WEBSITE…

    1. ACCESS AND USE OF THE WEBSITE

    You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

    1. YOUR OBLIGATIONS

    You must not:

    • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of The Someday Co;
    • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
    • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
    • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
    • use the Website with the assistance of any automated scripting tool or software;
    • act in a way that may diminish or adversely impact the reputation of The Someday Co, including by linking to the Website on any other website; and
    • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
      • gaining unauthorised access to Website accounts or data;
      • scanning, probing or testing the Website for security vulnerabilities;
      • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
      • instigate or participate in a denial-of-service attack against the Website.
    1. INFORMATION ON THE WEBSITE
      • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
        • the Website will be free from errors or defects (or both, as the case may be);
        • the Website will be accessible at all times;
        • messages sent through the Website will be delivered promptly, or delivered at all;
        • information you receive or supply through the Website will be secure or confidential; and
        • any information provided through the Website is accurate or true.
      • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
    2. INTELLECTUAL PROPERTY
      • The Someday Co retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
      • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from The Someday Co or as permitted by law.
      • In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    3. THIRD PARTY TERMS AND CONDITIONS
      • The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
      • The Customer agrees to any Third Party Terms applicable to any third party Products and services, and The Someday Co will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
    4. LINKS TO OTHER WEBSITES
      • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
      • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
    5. THIRD PARTY HOSTING
      • This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
      • To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
    6. SECURITY

    The Someday Co does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

    1. REPORTING MISUSE

    If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

    PART C

    LIABILITY AND OTHER LEGAL TERMS…

    1. LIABILITY
      • To the maximum extent permitted by applicable law, The Someday Co limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by The Someday Co to $100 AUD.
      • Claims for loss of or damage to Products in transit must be made against the carrier.
      • Products sold by The Someday Co, will have only the benefit of any warranty given, and insurance held, by the Supplier.
      • All other express or implied representations and warranties in relation to Products and the associated services performed by The Someday Co are, to the maximum extent permitted by applicable law, excluded.
      • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the Products or services we provide.
      • (Indemnity) You indemnify The Someday Co and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
        • breach of any of these terms;
        • use of the Website; or
        • use of any Products or services provided by The Someday Co.
      • (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Someday Co be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by The Someday Co (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
    2. GENERAL
      • GOVERNING LAW AND JURISDICTION

    This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    • WAIVER

    No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    • SEVERANCE

    Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    • JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    • ASSIGNMENT

    A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

    • COSTS

    Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    • ENTIRE AGREEMENT

    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    • INTERPRETATION
      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word "includes" and similar words in any form is not a word of limitation; and
      • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
    1. NOTICES
      • A notice or other communication to a party under this agreement must be:
        • in writing and in English; and
        • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
      • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
        • 24 hours after the email was sent; or
        • when replied to by the other party,

    whichever is earlier.