Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from https://www.gormanshop.com.au/.

www.gormanshop.com.au is owned by Factory X Pty Ltd.

Please read the following Terms and Conditions carefully before Sell and Buy. These Terms and Conditions contain important information about the selling, ordering, processing, fulfilment and delivery of goods, including limitations of liability. These Terms and Conditions constitute a contract between the Customer/Seller (You) and www.gormanshop.com.au/

1. Agreement

1.1 In these Terms and Conditions We, Our or Us means www.gormanshop.com.au and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the Purchase Products or services through the Website.

1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

2. Website Use

2.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2 You must ensure that Your access or use of the Website is not illegal or prohibited by laws which apply to You.

2.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

3. Pricing

3.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 5, the price of the Product cannot be varied except:

1.by agreement between You and Us in writing or by email; or

2.in accordance with clause 6.4.

3.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

3.3 The prices may display incorrectly due to internet issue or system update issue. Our company reserves the right of final interpretation for the price changes.

4. Product Specifications

4.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

4.2 All weights and dimensions of Products described in the Website are approximate.

5. Orders

5.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the subject of Your Order (Purchase)

5.2 Orders will be deemed to have been received by www.gormanshop.com.au at the time www.gormanshop.com.au sends an Order confirmation to Your nominated e-mail address.

5.3 www.gormanshop.com.au is an online ecommerce shop and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

5.4 www.gormanshop.com.au reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

5.5 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

5.6 www.gormanshop.com.au does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

5.7 www.gormanshop.com.au shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of www.gormanshop.com.au (or its affiliates), and www.gormanshop.com.au shall be entitled to a reasonable extension of time for the performance of such obligations.

5.8 www.gormanshop.com.au recommends customers provide a secure delivery address, for example your place of employment. www.gormanshop.com.au is not responsible for lost/stolen parcels.

6. Payment

6.1 You may provide Your nominated credit card during the purchase process described on the Website.

6.2 Payment for Orders will be processed immediately upon confirmation of Your Order.

6.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

6.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order.

7. Delivery and ownership of the goods

7.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. www.gormanshop.com.au does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

7.2 www.gormanshop.com.au aims to dispatch orders within 1 - 3 business days.

7.3 www.gormanshop.com.au will not deliver Products to PO Box addresses.

7.4 The couriers or postal services nominated by www.gormanshop.com.au will deliver Products during local business hours of 9am to 5pm, Monday to Friday.

7.5 www.gormanshop.com.au is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by www.gormanshop.com.au (as notified to the Customer) in relation to date and time of delivery. www.gormanshop.com.au shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery. www.gormanshop.com.au does not take any responsibility for lost parcels during transit.

7.6 Faulty or damaged goods. www.gormanshop.com.au will repair, replace or refund faulty or damaged Products in accordance with Your rights under the Australian Competition and Consumer Act 2010.

8. Refunds and returns

8.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

8.2 All refunds may take up to 10 business days to be finalized.

8.3 Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

8.4 In order to facilitate a return under the Returns Policy, please contact Us through Our Contact Us Page.

8.5 The Customer must comply with directions from staff to facilitate a return.

8.6 Returned Products, under the Returns Policy must be returned in their original secure condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Competition and Consumer Act 2010, you may be able to return the Product without its original tags.

8.7 It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost/damaged in transit.

8.8 Sale & promotional items including flash sale styles can be returned for an online credit (valid 3 years) or an exchange where product is available.

8.9 For Final Sale / Non-refundable products returned due to change of mind, or does not meet theAustralian Competition and Consumer Act 2010 criteria, the products will be returned to the sender via the marked address or via the details of the original purchase order where the parcel is un-marked.

8.10 Hi-bye/Online Exclusive items can be returned for an online credit (valid 3 years) or an exchange where product is available.

8.11 Gorman Playground can be returned for an online credit (valid 3 years) or a refund if full price. Online orders can be returned and exchanged through Gorman Online returns or at a store location stocking Gorman Playground. Sunsuits cannot be returned or exchanged.

Note: Returned item(s) must be unworn, unwashed, unused, in original condition with all labels/tags attached and returned within 14 days of receiving your product. For health reasons, we do not accept returns on the purchase of face masks, bathers or earrings unless exhibiting a genuine manufacturing fault. During sale periods, returns may take up to 10 days to process upon receipt.

Gorman Online do not accept postal returns on items purchased in store.

In-store returns: Gorman Online orders are able to be returned instore, excluding sale, promotional and ''hi-bye'' products. Customer's have 14 days to return purchases. A printed copy of the order email is required when requesting a refund. The refund will be process back to the method of payment

9. Intellectual Property

All Intellectual Property in any Material on the Website is the property of www.gormanshop.com.au unless expressly authorized under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

10. Privacy

By placing your Order or otherwise contacting www.gormanshop.com.au, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. If any data held by us concerning you is incorrect, we will correct it on your written request.

11. Miscellaneous

11.1 www.gormanshop.com.au reserves the right to make changes to the www.gormanshop.com.au Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

11.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

11.3 A failure or delay by www.gormanshop.com.au to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by www.gormanshop.com.au does not preclude its future ability to exercise that or any other power or right.

11.4 Insofar as they apply to the ordering, purchase, fulfilment and delivery of products from www.gormanshop.com.au, Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of Victoria Australia and the parties submit to the jurisdiction of the courts in that Country.

11.5 No www.gormanshop.com.au employee or agent has the authority to vary any of the Terms and Conditions governing any sale.