Terms & Conditions
- These terms and conditions apply to all supplies of products (Products) by LD Innovations Pty Ltd ACN 617 126 726 t/as The Original Coat (The Original Coat) to you, the individual or company that is purchasing the Products made via The Original Coat’s website at theoriginalcoat.com (Website).
- By agreeing to these terms and conditions you represent that you are over the age of 18 or have a parent’s/guardian’s approval to enter into this agreement.
- These terms and conditions may be amended or varied by The Original Coat from time to time. You will be bound by the terms and conditions that were in force at the time you ordered the Products.
- You must comply with all warnings, prohibitions and other notices for use of the Products provided by The Original Coat in these terms and conditions, when the Products are supplied to you or as otherwise notified to you or posted on the Website from time to time.
- Only use the Products for the purpose for which they were made and in accordance with the specifications, weight loads and other information supplied to you with the Products. The Original Coat is not liable for any damage or loss you incur, directly or indirectly, from the misuse or abuse of the Products.
- From time to time items that are listed as in stock may in fact not be. If this applies to your order The Original Coat will contact you to offer a refund, or discuss placing the item on backorder for you, or suggest a suitable available alternative. The Original Coat will not be liable for any loss or damage that arises as the result of any Products you order no longer being in stock.
- The Original Coat may limit the sales of Products to any person, household, geographic region or jurisdiction. The Original Coat may exercise this right on a case-by-case basis.
- The Original Coat has made every effort to display as accurately as possible images of the Products as they appear in real life. The Original Coat cannot guarantee that your computer monitor’s display of any colour will be accurate.
- Every effort is made to ensure that the Products correspond closely to the descriptions and images displayed on the Website. Sometimes due to variations in production runs, colour differences or computer or device screens, differences may arise. The Original Coat is not responsible for slight variations in colour, embellishment or construction. Imperfections and variations should be appreciated and are consistent with our commitment to ethical, local and traditional production methods such as hand-printing with water-based colours.
- Your order for Products (Order) must contain your correct name, invoice address, delivery address, telephone number, email address, credit card details and any other details The Original Coat or its payment merchant requires to process and deliver your order. You must promptly update this information if it becomes out of date.
- By placing your Order with The Original Coat, you offer to purchase the Products specified in the Order subject to these terms and conditions. The Original Coat may accept or reject any Order.
- You must not order Products for the purpose of re-selling or re-supplying them to third parties. The Original Coat may limit or refuse Orders that, in in its sole judgement, appear to be placed by dealers, resellers or distributors. If you would like to buy any of the Products in order to resell or re-supply them, please contact The Original Coat directly at firstname.lastname@example.org
- The Original Coat may at any time cancel, vary or suspend all or some of the Orders you have placed without any liability to you:
- If you breach any of these terms and conditions in respect of an Order;
- The Original Coat has insufficient stock to fulfil your Order; or
- The Original Coat does not deliver to your nominated delivery address.
- If The Original Coat rejects an Order or cancels all or any part of an Order, you will be notified by email and The Original Coat will refund any amount you have paid in advance for the Order.
- While The Original Coat tries to be as accurate as possible with the information on the Website about Products, sometimes errors or omissions occur or The Original Coat has to change or update information about its Products. If The Original Coat corrects an error or omission or makes a change about a Product which may affect your Order, The Original Coat will try to notify you of the correct information and you may cancel the Order without any obligation within 48 hours from the time of the notice. If you do not cancel your Order within the notice period your Order will be processed as per the corrected information.
Price and payment
- The price payable for Products is set out on the Website and is in Australian Dollars (AUD). Your credit card will be charged in Australian dollars.
- The total price shown on the invoice will include all goods and services taxes and any other applicable taxes, delivery charges, insurance, customs charges and other charges affecting the price of the Products. You will be told about these additional costs and you will be given a total purchase price before you finalise your order.
- You must pay the full price for the Products you order at the time you place your Order. Payment must be made using the online ordering facility and via the methods The Original Coat offers on the Website.
- Orders that exceed your credit limit will not be processed.
- The Original Coat will deliver the Products ordered to the delivery address provided when you placed your Order.
- The Original Coat works hard to ensure that all orders are processed in a timely manner and within our stated policy. You will be sent an email with tracking details once your order has been sent.
- Australian deliveries: The Original Coat cannot deliver to PO boxes due to The Original Coat’s signature service.
- International deliveries: Selected countries may qualify for PO box deliveries.
- Unless you opt for express shipping and pay the additional fee, you should allow, from the date you place your Order, 5 to 7 business days for deliveries in Australia and approximately 15 business days for international deliveries. Delivery time will depend on the area and remote areas will take longer. Events such as holiday periods and weather may delay your delivery. If a suitable person is not available at the address specified when the delivery is attempted, your parcel will be returned to the courier’s dispatch centre and a card left with details of how to arrange a re-delivery. Such an event will add additional time to your expected delivery date.
- Any delivery times notified to you are estimates only and The Original Coat is not liable for late or non-delivery no matter what the reason.
- The Original Coat may, at your request, agree to postpone delivery of the Products to a time more convenient to you provided that you agree to pay to The Original Coat an additional amount in respect of such postponement and for storage charges.
- Title and the risk of loss or damage to the Products passes to you on delivery of the Products to the delivery address. The person who takes delivery must be an adult and available at the specified delivery address to carefully check the unwrapped Product, sign and acknowledge receipt in a satisfactory condition.
Return of Products
- The Original Coat will consider the return of products in the event they are deemed to be received in a damaged condition. The Original Coat will consider each return on a case by case basis. Products returned under this clause must be returned to The Original Coat’s return address, specified on the Website, within 10 days of email confirmation from The Original Coat that the return has been accepted. If The Original Coat is satisfied that the Products have been returned in their original packaging and condition and with correct proof of purchase, The Original Coat will give you a credit for the purchase price less any third party expenses The Original Coat incurred in supplying the Products to you.
- The Products must be accompanied by a completed The Original Coat Returns Form (available on request via email request to email@example.com and returned in or with their original packaging, with all original accessories and contents and a copy of the relevant tax invoice, sent via signature service, fully insured, post or courier service.
- The Original Coat reserves the right to refuse to accept delivery of mail articles relating to returns and exchanges that do not comply with the above stated terms, or Products that have been damaged by abuse, improper or abnormal usage by you or a third party, or Products damaged by a repair provided by a person not authorised by The Original Coat.
- The Original Coat does not take responsibility for Products damaged or lost in transit. Delivery charges relating to a returns or exchange process are your sole responsibility.
- Except where required by law or in accordance with this clause, The Original Coat is not obliged to accept any return of Products or pay the costs of their return. The Original Coat reserves the right to refuse to accept any returned Products marked “Cash or cheque on delivery” or “More to pay”. If The Original Coat does not accept the return of the Products, The Original Coat will contact you in writing.
- No refund will be payable to you until The Original Coat has inspected the returned Products and determined that the terms of this clause have been satisfied.
- Nothing in this clause affects your rights under the Australian Consumer Law which may not be excluded or varied by agreement.
Intellectual Property Rights
- Unless otherwise stated, The Original Coat owns the intellectual property rights in the Products and all materials related to or connected with the Products. Except as necessary for using the Products or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no materials provided to you may be reproduced, adapted, uploaded to a third party website, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of The Original Coat.
Liability and Indemnity
- To the maximum extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement or in a written warranty from The Original Coat are excluded. If The Original Coat is liable for breach of an imposed term, guarantee, warranty, representation or condition, The Original Coat’s liability is, at The Original Coat’s option, to the extent permitted by law, limited to:
- the replacement of the Products or the supply of equivalent Products;
- the repair of the Products;
- the payment of the cost of replacing the Products or acquiring equivalent Products; or
- the payment of the cost of having the Products repaired.
- To the maximum extent permitted by law, The Original Coat is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not The Original Coat was aware that such loss or damage may occur.
- You agree to indemnify The Original Coat, its employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties arising out of your use of the Products.
- This agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
- A notice given under this agreement must be in writing and sent to the recipient at the address specified above for The Original Coat or given by you when you placed or Order, or such other address as notified from time to time.
- If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of this agreement is not affected.
- This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.