Terms & Conditions

These terms and conditions apply to the use of this web site, including the purchase of goods or services over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

TERMINOLOGY

In these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to E-Commerce Apparel Pty Limited t/as The Mens Shop.com.au (ACN - 153 053 528) owner and operator of the www.TheMensShop.com.au http://www.TheMensShop.com.au website.

AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

ORDERING PROCEDURE

• You may offer to purchase goods or services described on this web site for the price specified on this web site.
• Your order must contain your name, email address and any other ordering information specified on this web site.
• Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
• You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
• We are not required to give reasons for rejecting your offer to purchase.
• If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
• If we have not responded to you within seven days, your offer will be deemed to be rejected.
• We give no undertaking as to the availability of products advertised on this web site.
• Delivery of the goods or supply of the services to you will be effected in the manner described on this web site.
• Title in the goods does not pass to you until payment has been received in full.
• Risk of loss or damage to the goods passes to you upon dispatch.
• Payment must be effected in the manner described on the web site. Prices are exclusive of GST. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services and delivery charges. You are liable for all these charges. We will invoice you for any delivery charges.
• The goods and services are offered for sale only to persons who can make legally binding contracts.
• Coupon codes may be used to discount an order or add a free ‘gift with purchase’ item to an order. Please read terms and conditions carefully before applying a coupon code.
• Only one coupon code can be redeemed per order.
• If a coupon code is used to redeem a free ‘gift with purchase’ item and the original qualifying order is returned and no longer qualifies, the free item must be returned in saleable condition. If this item is not returned, it will be charged to the customer’s credit card at the advertised recommended retail price.

Your receipt of any form of order confirmation (electronic or otherwise) does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

TheMensShop.com.au reserves the right at any time from the receipt of your order to accept or decline your order for any reason. TheMensShop.com.au reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Orders placed with TheMensShop.com.au must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. This method may include, but is not limited to requested photo identification, before any order is accepted.

CANCELLATION DUE TO ERROR

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

DISCLAIMER

This disclaimer set out in these terms and conditions 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 this web site or any linked web site, 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 this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and (c) if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, 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 goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

SPECIFIC WARNINGS

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site 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 this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

We make no warranty that goods or services acquired from us over this web site will meet your requirements.

Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

COPYRIGHT

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to 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 and conditions, you may not in any form or by any means:

• adapt, reproduce, communicate to the public, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
• commercialise any information, products or services obtained from any part of this web site; without our written permission.

TRADE MARKS

This web site includes registered trade marks owned by us, our licensors, and our partner suppliers.

You must not use any of our trade marks or the names The Mens Shop, www.TheMensShop.com.au http://www.TheMensShop.com.au or E-Commerce Apparel Pty Limited:

• in or as the whole or part of your own trade marks or business name or company name;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this web site).
• You must not authorise or assist any person to do any of the acts specified above.

RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

LINKED WEB SITES

This web site may contain links to other web sites ("linked 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.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

PRIVACY POLICY

We undertake to comply with the terms of our Privacy Policy.

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.

TERMINATION OF ACCESS

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

GOVERNING LAW

These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

$20 SIGN UP OFFER

The Mens Shop.com.au $20 introductory offer is valid with any minimum order to the value of $50 or more and can only be redeemed upon signing up to themensshop.com.au newsletter. This single use code applies to the total transaction amount and cannot be redeemed for cash. To receive the offer, customers must enter their email address on The Mens Shop website, upon which they will receive an email with coupon redemption details. Only one coupon code may be used per order.

$20 discount will be spread proportionally across all items in order. If order is refunded, $20 coupon will no longer be valid and value will not be added back to coupon code. If order is partially refunded, customers will receive a refund amount which factors in the portion of discount applied to those products in original order by using $20 discount coupon.

By submitting your email address you agree to receive themensshop.com.au newsletter(s) with news, trends and updates on new arrivals. Please read our privacy policy for more details. Your personal data will not be disclosed to any third parties. You can unsubscribe from our newsletter at any time.

FREE GIFT WITH PURCHASE ITEMS

To add free item to an order, customers must fulfil minimum spend & category requirements, then apply applicable coupon code. If initial order is refunded, free item must be returned in a saleable condition, or item will be charged to customer's credit card at price listed on the website when free gift was first redeemed. Only one free item may be redeemed per order. Free items cannot be redeemed in conjunction with any other offer. Availability of free gifts is not guaranteed. Current free gifts can be found here: http://www.themensshop.com.au/Free-Gift-with-Purchase/

DISCOUNT COUPON REDEMPTION

To apply a discounted offer to an order, customers must fulfil minimum spend & category requirements, then apply applicable coupon code. If part of the initial order is refunded, all products purchased within the offer must be returned in a saleable condition, or the full price of the item will be charged to customer's credit card at price listed on the website. Only one discount coupon may be redeemed per order. Discount coupons cannot be redeemed in conjunction with any other offer. Availability of discount coupons are not guaranteed.

“LIKE US” DISCOUNT COUPON REDEMPTION

This coupon expires 11:59pm AEDT 13/3/2013. To apply a discounted offer to an order, customers must fulfil minimum spend requirements, then apply applicable coupon code. If part of the initial order is refunded, all products purchased within the offer must be returned in a saleable condition, or the full price of the item will be charged to customer's credit card at price listed on the website. Only one discount coupon may be redeemed per order. Discount coupons cannot be redeemed in conjunction with any other offer. Availability of discount coupons are not guaranteed. Expiry dates may be extended without notice.

HOW MUCH WILL SHIPPING COST ME?

Regular shipping via Australia Post is 100% FREE for Australian orders of $60 or more. If your order is under $60, regular shipping will set you back $4.95. If you prefer express shipping (1-2 days), you can select this at checkout for a charge of $9.95. Express orders are dispatched via express Australia Air Express delivery.

Parcels crossing the Tasman to New Zealand is charged a flat rate of $9.95.