2. ONLINE ORDERS AND TRANSACTIONS
Orders are made at our online Store at www.the5th.co via secure e-commerce payment platform provided by Shopify Inc. Payment can be made by Visa, Mastercard or Paypal. Shipping to online customers is available world-wide. For delivery information see our shipping information page.
Certain Products may be available exclusively online through the Website. These Products may have limited quantities.
We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction or to otherwise limit the quantities of any Products that may be purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise any of these rights on a case-by-case basis.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In the event it is necessary to issue you with a Store Credit, we will provide you with instructions and a redemption code.
All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Some Products may not be available outside Australia.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
3. PRICING AND SHIPPING
All prices for Australia and New Zealand customers are displayed and charged in Australian dollars (AUD) and unless otherwise stated, are inclusive of GST (where applicable).
All prices for International customers are displayed and charged in United States Dollars (USD).
Prices are inclusive of worldwide shipping. For further details see our shipping info page. Risk in the Products passes to you upon shipping.
Refunds and returns are subject to our Return Policy.
4. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases of Products made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Store Passwords are issued to 5TH Fam only. It is your responsibility to keep your Store Password safe, secure and not to disclose it to anyone else. For more information visit our FAQ’s page.
5. ALTERATIONS TO ORDERS
Generally, orders are not able to be canceled once they have been placed. However, in some situations, we may be able to cancel your order and create a new one. Any requests to substitute an order should be submitted via our FAQ’s page “Cancellations”
We reserve the right to refuse alterations and amendments.
6. Complaint Policy
In the unlikely event that your Product has been damaged during shipping or is otherwise defective please see our Returns Policy. The 5TH provides warranties in addition to your rights under the Australian Consumer Law.
The 5TH uses reputable third-party distributors. Whilst every care is taken to ensure accurate and safe shipping, we cannot provide warranties against unforeseen circumstances, such as damage or delay that results in a parcel not arriving at a certain time or place. We will work with you to assist in resolving any issues that may be a result of a third-party failure. For more information see our FAQ’s page.
The 5TH complies with its obligations in relation to your privacy and personal information. For more information about how we handle your personal information or view our Privacy Statement.
8. USE OF OUR WEBSITE – SPECIFIC WARNINGS
Any party engaged in illegal activities involving the Websites will be subject to civil and criminal sanctions and prosecution.
The 5TH does not guarantee that it will be able to prevent any illegal or inappropriate use of its Website, nor that it will give notice of any illegal or inappropriate use of its Websites.
It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.
a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or
b) commercialise any information, products or services obtained from any part of our Website, without our written permission.
All trademarks appearing on our Website belong to their respective owners.
11. RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to our Website only for your personal use. You may not without our written permission on-sell information obtained from our Website.
12. LINKED WEBSITES
Our Website may contain links to other websites (linked websites). 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 websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
14. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
15. TERMINATION OF ACCESS
Access to our Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
16. FORCE MAJEURE
The 5TH is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond The 5TH’s control.
17. LIMITATION OF LIABILITY
Other than to the extent prohibited under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Website or purchase or consumption of any of our Products. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Website or sale of our Products be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or purchase or consumption of our Products, or any websites linked to our Website (including the materials, information or services contained on such sites) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with our Website or any content, you agree that your sole remedy is to cease using our Website.
In the event of any defect with Products that you have purchased on or through our Website, your remedies will be as prescribed by Australian Consumer Law, and our liability will be limited to replacement of the Product in question, or refund to the value of that Product, or as otherwise prescribed by Australian Consumer Law. If the Products are goods not ordinarily acquired personal, domestic or household use or consumption for the purposes of Australian Consumer Law, our liability shall be limited to the re-supply of the Products or refund of the cost of supplying the Products.
19. AMENDMENTS TO TERMS AND CONDITIONS
20. GOVERNING LAW
Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
By using this Website and/or purchasing any Products, you agree to submit to non-exclusive jurisdiction of the courts of the State of Victoria