Terms & Conditions
TERMS & CONDITIONS
All contracts and dealings between Public Enemy Pty (First Gear Distribution) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Public Enemy’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Public Enemy to the Customer through the website publicenemy.com.au(‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Public Enemy from time to time.
Public Enemy has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
Access to the Website is permitted on a temporary basis, and Public Enemy reserves the right to withdraw or amend the Services without notice. Public Enemy will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Public Enemy may restrict access to some parts or all of the Website without notice.
- All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Public Enemy.
- The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
- The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Public Enemy. Such consent may be withheld by Public Enemy at its absolute discretion.
- The Customer must not remove any copyright or trade mark notices from the content found on the Website.
- Public Enemy makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Public Enemy with respect to the supply of the Goods in accordance with these Terms.
- All Orders are subject to availability of the Goods and confirmation of the Order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Public Enemy will not be responsible.
- The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
- In order to contract with Public Enemy the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Public Enemy.
- Public Enemy reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Customer undertakes that all details that are provided to Public Enemy are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
- Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- Public Enemy reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- Public Enemy will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
CANCELLATION, REFUND AND EXCHANGE POLICY
- Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Public Enemy. The Customer will, however, be able to return Goods in accordance with Public Enemy’s returns policy.
- Public Enemy may accept returns within 14 days for Australian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in its original purchase condition with the tags still attached.
- Goods for return must be posted at the Customer’s expense to: FIRST GEAR (RETURNS) 7 Wilson St, Newtown Qld 4305 AUSTRALIA
- The customer must include their Tax Invoice & completed returns form within their return parcel.
- Any Goods which Public Enemy has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Public Enemy.
- Upon accepting the goods, Public Enemy will issue the customer with a Gift Voucher in order for the customer to purchase their alternate size/style.
- Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note. For any queries on this please contact us at email@example.com.
DAMAGED OR FAULTY GOODS
- All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
- If the Customer discovers that a Good is faulty or damaged, the Customer must notify Public Enemy within 14 days of purchase or within a reasonable timeframe thereafter either by returning the goods with return slip and explanation, or via email at firstname.lastname@example.org along with a description of the product, fault, size and style and the Customer’s preference for a refund, replacement, exchange or repair. If Public Enemy inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).
- Public Enemy will meet the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
- Customers are liable for any delivery costs if the Good is found not to be faulty.
- Any period or date for delivery of Goods stated by Public Enemy is intended as an estimate only and is not a contractual commitment. Public Enemy will use its best endeavours to meet any estimate delivery dates but Public Enemy will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
- Public Enemy reserves the right to amend delivery methods without notice.
- All deliveries of Goods purchased by the Customer will be made by registered courier (Star Track) and are delivered with authority to leave (‘ATL’) without signing where no one is in attendance at the delivery address.
- If the Customer believes their nominated delivery address will be unattended at the time of delivery, Public Enemy suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Star Track) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).
- Public Enemy will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and Public Enemy will not offer a replacement Good or refund a Customer for any lost or damaged Goods
- In the event the Customer does not receive their Order within 5 business days of dispatch, the Customer should contact email@example.com obtain their tracking number.
- Delivery of Orders placed on the weekend will not be processed until the following Monday
- Public Enemy offers free delivery Australia-wide on all Orders over $150.00. For any under $150.00, a flat fee of $10.00 (inclusive of GST) will apply.
- Public Enemy does not deliver Orders to Post Office boxes.
- Once the Customer’s online purchase is complete the Customer will receive an Order confirmation.
- International deliveries will be made by Registered Post or Pack & Track (via Australia Post).
- Orders will be dispatched within 3 days from the date of the Order. Estimated delivery time for international orders is between 5-20 business days.
- In the event the Customer does not receive their Order within 20 business days of placement, the Customer should contact firstname.lastname@example.org to obtain their tracking number.
- International delivery cost is a flat rate delivery fee of $22.00.
- International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Public Enemy has no control and will not be responsible for any duties or taxes.
- In accordance with Australian export regulations, customs require Public Enemy to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The date of delivery will be displayed under the description in each Good.
LIMITATION OF LIABILITY AND INDEMNITY
- The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Public Enemy makes no warranties or other representations in relation to the supply of Goods. Public Enemy’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Public Enemy, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
- Public Enemy does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
- Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Public Enemy against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Public Enemy retakes possession of the Goods in accordance with clause 9.
LINKING TO THIS WEBSITE
- The Website may provide links to websites and access to content from third parties, including users and affiliates of Public Enemy.
- The Customer agrees that Public Enemy is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
- To the fullest extent permitted by law in no way will Public Enemy, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
- The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
- The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
- Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
If the performance of Public Enemy’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Public Enemy, Public Enemy will not be liable for any loss or damage suffered by the Customer or any other person and Public Enemy will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW AND JURISDICTION
These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
- The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
- The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.