Terms & Conditions
Current as of 16 October 2020
- Underworks Pty Ltd is an Australian owned company owned by Velador Pty Ltd. & Jamone Pty Ltd (ABN 66 301 349 411) (“we”, “us”). We own and operate the website www.underworks.com.au (the “Website”).
- The Website functions as an online retail platform.
- By accessing the Website, you agree to be legally bound by the following terms and conditions (“Terms”). If you do not accept these Terms and our Privacy Policy, please do not access and/or use the Website.
- We may change the Terms at any time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms as amended.
- All prices on the Website are quoted in Australian Dollars (AUD) and include GST.
- All prices are correct at time of publication, however we reserve the right to alter prices for any reason. If you have already placed an order at a certain price, there will be no change in the price you are required to pay.
- Every effort has been made to portray the colours and shades of our products that appear on this Website as accurately as possible. However, because the actual colours you see depend on the monitor, Underworks cannot guarantee that the colour and shade will be the same in real life.
- You acknowledge that where we provide sizing or other measurements in the descriptions of our products, it is your responsibility to ensure that the actual size of each item is suitable for your purpose before you place your order.
- A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Unless we notify you in writing prior, acceptance of your order occurs when we:
- have received your full contact details including full name, email address, phone number, billing address, recipient’s full name, delivery address and delivery date;
- debit your credit card or PayPal account to process your order; and
- contact you, by email (or otherwise), confirming your order.
- You must be aged 18 years or over to place an order. If you are less than 18 years old you must have the consent of, or are being supervised by, a parent or legal guardian.
- You can place an order on the Website.
- To secure your order we require full payment of the purchase price and any delivery fees via MasterCard, American Express, Visa or PayPal. You warrant that you are an authorised user of the credit card or PayPal account used to complete the payment. Orders will not be processed until payment has been successfully processed and we have your full contact details.
- All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order. This includes the calculation for shipping orders placed outside Australia.
- Due to differences in customs policies between countries, international orders may be subject to local customs charges. Any customs, import duties or associated fees are the responsibility of the customer. If customs entry information is required from Underworks due to goods exceeding a country’s threshold limits, there may be an additional administrative fee for assisting in the customs clearance. For further information about your specific country’s policies, please contact your local customs office.
- We may refuse to accept your order or reverse your order in the event that:
- the selected product is not available; or
- we cannot obtain authorisation for your payment.
- In the event that we refuse or reverse an order, we will notify you of that decision and the reason for it via email within five (5) business days from the placement of your order.
- Where we reverse an order after payment for the goods have been processed, we will refund any money paid to us relating to that order. We will endeavour to process the refund within five (5) business days.
- You acknowledge and agree that:
- Underworks cannot guarantee that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Underworks is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
- We will deliver the goods to the address provided by you during the order process. If you require multiple delivery addresses, you will need to submit separate orders for goods.
- Upon delivery, you must inspect your goods and check that the goods delivered match your order. If there is obvious damage to the goods due to transit, you must contact our Customer Service team as soon as practicable. If the goods are not as ordered, you may return the goods to us in accordance with the Returns & Refunds Policy. In accordance with our Returns & Refunds Policy, we note the exception for returning Underworks underwear after it has been worn, due to hygiene reasons.
- Your right to use this Website is personal to you. You may not authorise others to use this Website and you are responsible for your own use of this Website.
- You are provided with access to this Website only for your personal and non-commercial use.
- You may not download, modify, transmit, or otherwise use any material from this Website for public or commercial purposes.
- You agree not to disrupt, modify or interfere with this Website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others' use of this Website. You further agree not to alter or tamper with any information or materials on, or associated with, Underworks and/or this Website.
- You may not cause or launch any programs or scripts for the purpose of indexing, scraping, surveying or engaging in any form of data mining on the Website.
- You may not use the Website for any illegal purpose or in any manner that is inconsistent with the Terms.
- Underworks will take reasonable steps to protect the personal information held about you in accordance with our privacy policy published on the Website.
- Our Privacy Policy sets out how we’ll use your personal information.
- You are solely responsible for your online account registration. It is your responsibility to maintain the confidentiality of your password. You are responsible for any consequences resulting from the use of your account, use of your account by others or any unauthorised use of the account.
- You must notify us immediately if you become aware of any unauthorised use of your account.
- We provide no warranty to you that the Website will be uninterrupted, error-free or virus-free. You are responsible for implementing sufficient security systems on your device.
- When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.
- This Website has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.
- This Website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.
- The Website contains cookies. When you visit the Website, our servers automatically record information about your usage of the Website through ‘cookies’. Cookies are a feature of Internet web browsers which are small pieces of information stored by your browser on your computer's hard drive or mobile phone. Cookies are used to maintain session information between your browser and our Website and identify things related to your use of the Website such as the time of your visit, its duration and the pages you visit. They enable our system to recognise your browser and provide features to you (such as ensuring that advertisements on the Website are most directly relevant to you). Many browsers can notify you when a new cookie is received or turn off cookies altogether. However, if you turn off the cookies, some features on the Website may no longer be available to you.
- We will only use information obtained via cookies to learn about your preferences to improve the Website and our services. Underworks may from time to time receive and store certain information relating to your use of, and behaviour on, the Website. This information is commonly referred to as ‘clickstream’ information. For example, Underworks may record information such as the areas of the Website you have accessed, the time, date and URL of the pages requested by you, your IP address and your browser software.
- Underworks is a trademark of Underworks Pty Ltd.
- You may not use any trade marks appearing on the Website without the written permission of the trade mark owner.
- Copyright in this Website (including text, graphics images, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the conditions prescribed under the Copyright Act 1968 (Cth), you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this Website,
without our prior written permission.
- You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
- your use of the Website;
- your use of products purchased from us;
- your provision of incorrect information to us; or
- any breach of these Terms.
- If by reason of any fact, circumstance, matter or thing beyond our reasonable control, including but not limited to lockout or other interference with work, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, unavailability or delay in availability of equipment or transport, we are unable to perform any obligation under this agreement, we are relieved of that obligation to the extent that we are unable to so perform and are not be liable to you in respect of such inability.
- Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
- your use of the Website;
- any loss arising out of your use of, or reliance on or failure to act, on any information contained in or accessed through the Website, including any information that may be inaccurate;
- errors, mistakes or omissions on this Website; and/or
- goods supplied pursuant to an order placed on this Website.
- Our liability to you for loss or damage of any kind arising out of these Terms will be limited to any one of: supplying again or paying the cost of supplying again goods in respect of which the breach occurred. Such liability will be limited to the extent (if any) that you cause or contribute to the loss or damage.
- This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement of goods, resupply or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.
- Nothing in these Terms excludes, restricts or modifies your statutory rights or guarantees including those under the Australian Consumer Law and the Consumer Guarantees Act 1994.
- We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
- If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.