Terms of Service

1. GENERAL

The following terms and conditions relate to the use of The 5TH Watches website (www.the5th.co), together with the purchase of any products or associated services featured on that website via our online store (“Website”) (“Products”) (“Store”) (“Terms of Use”). These Terms of Use constitute an agreement between The 5TH View Pty Ltd ABN 12 601 372 105 trading as The 5TH Watches (“Fifth Watches”) (“us”, “we”, “our”), the owner and operator of the Website, and you (“you”, “your” or “user(s)”), a user of the Website and/or purchaser of any Products.

By accessing, browsing or using this Website, or purchasing any Products, you agree to these Terms of Use. If you do not agree to any of these Terms of Use, then you must not access or use this Website. We may amend these Terms of Use from time to time. Any amendment is effective immediately.

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

Contact Details

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

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.

7. PRIVACY

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

You must not access or use our Website (a) in a way that violates these Terms of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our Website or any linked website. Whilst we have no reason to believe that any information contained on our Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. Responsibility for the content of advertisements appearing on our Website (including any hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

9. FRAUD

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.

10. COPYRIGHT

Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:

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.

13. DISCLAIMER

This disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our Website. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms of Use.

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.

18. INDEMNITY

You agree to indemnify us and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Website or purchase of Products by you or your officers, employees, agents, contractors or consultants

19. AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on our Website. Your continued use of our Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

20. GOVERNING LAW

The use of the Website and these Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia.
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

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Why only 5 days?

On sale June 5

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Next months 5th : LTD piece will be on sale from 8am AEST / 3pm PT / 6pm ET on the 5TH of June. Stock is limited to 100 pieces, and only available to VIPs so sign up now to make sure you don't miss out.