1.1. These terms and conditions (the Terms) govern your use of www.brentwilson.com.au or any other affiliated websites (collectively, the Website) and your purchase of any suits, shirts, jackets, pants, shoes, ties or other products (the Products) from Brent Wilson (ABN 66 724 887 271) (Brent Wilson), whether through the Website, over the telephone or in an Brent Wilson store (Store).
1.2. You, being any entity who uses the Website and/or purchases the Products (you) acknowledge that you must also comply with Brent Wilson’s policies on the Website (the Policies), which will form part of these Terms, except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail (unless otherwise stated by Brent Wilson).
1.3. By using the Website and/or purchasing the Products, you warrant that you have read and understood these Terms and you agree to be bound by the Terms. These Terms (including the Policies) constitute the entirety of the terms and conditions applicable to your use of the Website and/or purchase of the Products, unless otherwise expressly agreed by Brent Wilson in writing.
1.4. Brent Wilson reserves the right to vary the Products, the Website, the Terms and/or the Policies, or any component contained therein, at any time in its absolute discretion and without notice to you. You agree that that your continued use of the Website and/or purchase of the Products constitutes an agreement by you to by bound by the Terms, as varied by Brent Wilson from time to time. If you do not agree to the Terms, you must not use the Website or purchase the Products.
You agree and acknowledge that:
2.1. Brent Wilson’s display of Products on the Website or in a Store constitutes an invitation to treat;
2.2. your placement of an order for any Products (the Order) constitutes an offer to purchase such Products;
2.3. your offer is not accepted by Brent Wilson until:
- Brent Wilson receives the full purchase price for all Products in your Order, plus postage costs; and
- Brent Wilson sends you a receipt for the Order, and
2.4. in the event that, after your offer is accepted, Brent Wilson advises that they are not able to provide certain Product/s, then:
- you may choose replacement Product/s, at the same value; and
- you release Brent Wilson from all claims and liability.
3. Pricing and Payment
3.1. In order to purchase a Product, you agree to pay Brent Wilson the price that Brent Wilson has allocated to that Product, plus any postage prices that are displayed on the Website or otherwise advised by Brent Wilson (collectively, the Price). You are also liable to pay any duties, taxes, government levies or other financial charges that might be added to your Order.
3.2. You must pay the Price for all Products in an Order upon submitting the Order.
3.3. Brent Wilson accepts payment via credit card, Paypal and direct credit (in circumstances authorised by Brent Wilson). Brent Wilson uses Stripe, who ensure that your information is kept safe and secure (third party processing fees may be payable by you in this regard). Brent Wilson also uses Secure Socket Layering technology to protect online transactions and to ensure that your payment information is never stored on the Website.
3.4. Brent Wilson reserves the right to vary the prices of the Products, in its absolute discretion and without notice to you. You agree that any varied prices will apply to all Orders made after such variation.
3.5. If you trigger a ‘chargeback’ through your card provider or elsewhere, or if you fraudulently use the payment details of another entity, Brent Wilson has no obligation to provide you the Products and may refuse to sell you Products in the future.
3.6. In the event that Brent Wilson agrees that you may pay a deposit to secure a Product or fabric, then:
- it will advise you of the deposit amount (Deposit);
- you must pay the Deposit to Brent Wilson;
- the Product or fabric is not secured until Brent Wilson confirms this in writing and receives the Deposit; and
- you must submit your Order (and pay the Price) for the applicable Product/s within a reasonable time of paying the Deposit, failing which Brent Wilson may cancel the arrangement.
3.7. Unless otherwise expressly stated by Brent Wilson, all prices for the Products are in Australian Dollars (AUD) and, unless otherwise stated, include GST.
3.8. You agree that Brent Wilson may apply or set-off any monies that it receives from you towards any amounts that you owe Brent Wilson under these Terms.
4. Shipping and Delivery
4.1. Subject to your compliance with these Terms, Brent Wilson will supply the Products in an Order to you.
4.2. Brent Wilson posts your Order to the address that you provide when submitting the Order. All deliveries will require a signature, unless you request otherwise. Upon the delivery of the Order to your nominated address, ownership of, and risk in, any Products in the Order pass to you.
4.3. Any delivery times displayed on the Website or specified in an email from Brent Wilson are estimates only. Dispatch and delivery times may vary depending on availability or factors outside of Brent Wilson’s control, and you release Brent Wilson from any liability relating to the timing of the postage or delivery of your Order.
4.4. In the event that you do not receive an Order within fourteen (14) days of the date when you receive Brent Wilson’s confirmation that the Order has been shipped, please advise Brent Wilson by email.
4.5. If Brent Wilson determines that an Order was lost as a result of its delivery company, Brent Wilson will replace the Order. However, if you did not receive your Order as a result of you providing the incorrect address, or any other breach, act or omission on your part, then Brent Wilson has no obligation to replace the Order.
4.6. If there are multiple Products in an Order, you acknowledge that they might be sent separately, depending on availability.
5. Refunds and Returns
5.1. You agree that Brent Wilson’s Policies regarding alterations, remakes and returns apply.
5.2. You acknowledge that any postage costs you pay for the Order are non-refundable. Brent Wilson will not be liable for any costs that you incur, including but not limited to postage costs, in order to return any Product/s to Brent Wilson.
5.3. Brent Wilson must receive any returned Products in their original condition and they must not have been worn, washed, altered or otherwise used or changed in any way.
5.4. Please be aware that Brent Wilson monitors any potential misuse of its returns policy. If Brent Wilson determines that you are abusing or misusing its returns policy, Brent Wilson reserves the right to refuse your request and/or restrict or cancel your access to the Website or the Products.
5.5. Brent Wilson will process any returns or refunds once Brent Wilson has verified, in its discretion, that you have complied with the Terms and the Policies.
6.1. Brent Wilson reserves the right to cancel your Order at any time prior to ownership of the Products passing to you, in which event Brent Wilson will refund you any money that you have paid for those Products within fourteen (14) days.
6.2. If you wish to cancel an Order, you may email Brent Wilson requesting its consent to do so. Please note that if Brent Wilson has already posted your Order or commenced manufacturing your Products, you are not entitled to cancel the Order. In other circumstances, Brent Wilson may agree to cancel the Order, in which case Brent Wilson will refund you the price of the cancelled Products.
7. Promo codes
7.1. Brent Wilson may offer promotional codes from time to time, subject to any conditions or Products that Brent Wilson determines, in its absolute discretion (Promo Code).
7.2. Only one Promo Code can be used on an Order.
7.3. In the event that Brent Wilson determines that a Promo Code has been wrongly copied, distributed or otherwise misused, Brent Wilson reserves the right to cancel, modify or suspend the Promo Code in its discretion.
7.4. Brent Wilson makes no guarantees or representations regarding Promo Codes and is released from any liability arising in relation to them or their failure.
8. Gift cards
8.1. You agree that Brent Wilson’s Policy regarding gift cards applies.
8.2. Brent Wilson may offer gift cards for sale, at specified prices, to be used to purchase Products (Gift card). Brent Wilson reserves the right to impose any restrictions or conditions on Gift Cards.
8.3. Please note that:
- digital Gift Cards expire one (1) year after they are purchased; and
- physical Gift Cards expire on the date stated on the Gift Card (or, no date is stated, then one (1) year after the Gift Card is purchased).
8.4. The Gift Card may only be used towards the purchase price of Products; you will be liable for any postage charges.
8.5. In the event that the Product/s you purchase:
- exceed the value of the Gift Card, you will be liable to pay any additional amounts, in addition to postage charges; or
- are lower than the value of the Gift Card, then your Gift Card will contain the remaining value.
8.6. A Gift Card may not be used in conjunction with any Promo Codes.
By using the Website and/or purchasing the Products, you, at all times:
9.1. agree to provide accurate, current and complete information to Brent Wilson at all times;
9.2. warrant that you are over the age of 18 (or, if under this age, that you are supervised by a parent or guardian, who agrees to be liable under these Terms also);
9.3. confirm that you have elected to use the Website and/or purchase the Products of your own free will;
9.4. acknowledge that your use of the Website and/or purchase of the Products may result in data usage charges from your mobile or internet provider;
9.5. agree to maintain the security of any passwords and login information for the Website (and, in this regard, you agree that you are solely responsible and liable for any other entities who access the Website through your login account, regardless of whether you authorised such use);
9.6. use the Website and/or purchase the Products at your own risk and only for their intended purpose;
9.7. warrant that you are not allergic to, or otherwise unable to purchase or use any Products that you purchase; and
9.8. agree that, in the event that an account on the Website or for an Order is created in the name of a corporate entity, then these Terms are enforceable against that entity and the individual who creates the account and/or submits the Order on the entity’s behalf, which individual enters into these terms as personal guarantor for the corporate entity.
You must not, at any time:
10.1. use the Website or purchase the Products for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
10.2. use or attempt to use another user’s account without authorisation;
10.3. infringe a third party’s intellectual property, or other, rights;
10.4. harass, abuse, intimidate, stalk, threaten, bully, or otherwise offend any other customer in a Store or other user of the Website, or use the Website in a defamatory or offensive way;
10.5. make disparaging remarks or comments about, or do anything that may be detrimental to, Brent Wilson;
10.6. post, transmit or distribute anything which has the potential to cause technical damage to the Website (include a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful);
10.7. reverse engineer, decompile or dissemble any part of the Website;
10.8. hack into any aspect of the Website or Brent Wilson’s business and/or corrupt data (including by trying to access other user’s passwords, phishing, accessing hidden URL’s, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to);
10.9. send unsolicited advertising, promotional material or other content to Brent Wilson or any of its customers; or
10.10. assign your rights and obligations under these Terms, in whole or in part, without Brent Wilson’s prior written consent (in this regard, you agree that any unauthorised assignment shall be deemed null and void).
11. Brent Wilson
You agree and acknowledge that Brent Wilson may, at any time in its absolute discretion and without notice to you:
11.1. modify, suspend or terminate your access to a Store or Website, in whole or in part,
11.2. assign its interests outlined in these Terms; and/or
11.3. run advertisements and promotions on the Website, and in this regard Brent Wilson will not be a party to any dealings that you may have with any other entities as a result of such advertisements or promotions.
You agree and acknowledge that acknowledge that:
12.1. the colours, appearance, sizes and other aspects of the Products shown on the Website may vary slightly from the actual Product/s you receive;
12.2. you must follow the care instructions on each garment, including specialty dry clean only for certain pieces;
12.3. the Products have not been sold to you by way of sample;
12.4. you have not made any representations to Brent Wilson regarding the purpose for which you intend to use the Products; and
12.5. no representations have been made as to the fitness or suitability of the Products for any purpose.
In the course of purchasing the Products, you may request that Brent Wilson provide measurement and associated services (the Services) to you. In respect of the Services, you agree and acknowledge that:
13.1. Brent Wilson may elect, in its absolute discretion, to provide the Services;
13.2. in the event that Brent Wilson agrees to provide the Services, it will do so at a time nominated by Brent Wilson, and subject to any other conditions that Brent Wilson determines;
13.3. you must act in a polite, courteous and respectful manner and must otherwise comply with the reasonable requests of Brent Wilson’s employees and representatives;
13.4. in the event that you do not comply with these Terms, Brent Wilson may cease providing the Services and refuse you access to the Store; and
13.5. you release Brent Wilson from any claims, demands or other losses associated with your receipt of the Services and/or attendance in a Store.
14. Intellectual Property
14.1. The Products, the Stores, the Website and all components contained therein, including, without limitation, all trade marks, service marks, patents, designs, works, presentations, booklets, checklists, videos, films, graphics, photographs, scripts, sound recordings, images, documents, systems, platforms, databases, know-how, trade secrets, domain names, internet addresses, data, computer software and other materials (collectively, the Brent Wilson IP) are the property of Brent Wilson and its related entities, as defined in the Corporations Act 2001 (Cth) (Related Entities).
14.2. Brent Wilson owns all intellectual property rights in relation to the Brent Wilson IP which arise by operation of legislation, common law or equity, including, but not limited to, all present and future rights, title and interest in and to such works and other forms of intellectual property, irrespective of whether such items or rights are registered, or capable of registration. All goodwill accrued in relation to the Brent Wilson IP accrues to the exclusive benefit of Brent Wilson and its Related Entities.
15. Limited Licence
15.1. Brent Wilson hereby grants you a non-exclusive, revocable, limited, non-sublicenseable licence to wear the Products and/or use the Website to purchase the Products. In using this licence, you must not:
- use the Brent Wilson IP other than for its intended purpose;
- use or display the Brent Wilson IP in any way that indicates that Brent Wilson has endorsed or approved you or your products or services without Insitchu’s prior written approval;
- copy, adapt, reproduce, broadcast, store, transmit, distribute, display, print, publish or create derivative works from any of the Brent Wilson IP;
- imitate or use in the same or a deceptively similar fashion any of the Brent Wilson IP, in whole or in part, including the look and feel of the Products, the Website and/or the Stores;
- use any data mining, robots or similar data gathering or extraction methods with respect to the Brent Wilson IP;
- use the Website, the Brent Wilson IP or the Products in any way that could damage Brent Wilson, its reputation or the goodwill or other rights associated with the Brent Wilson IP (including by way of social media platforms, including Facebook, Instagram or Twitter); or
- use the Brent Wilson IP for a commercial purpose.
15.2. Nothing in these Terms should be construed as granting you any licence or right to use Brent Wilson’s business names or trade mark/s, registered or unregistered, at any time without its prior written consent.
16. Your Material
In the event that you are deemed the owner or author of any intellectual property (including any ideas, designs, photographs, know-how, techniques, questions, reviews, comments, messages or other content) (Your Material) that is derived from, or otherwise related to, the Brent Wilson IP, then you hereby:
16.1. grant Brent Wilson an irrevocable, perpetual, royalty-free, worldwide, transferrable and sub- licensable licence to use Your Material in any way, in its discretion and for any purpose;
16.2. at Brent Wilson’s election, you agree to assign to Brent Wilson the ownership in Your Material, in whole or in part (and you acknowledge that this provision constitutes an effective assignment of such intellectual property rights); and
16.3. warrant that such material does not breach these Terms and that you have the right to grant the above licence or assignment, as the case may be.
Brent Wilson is entitled to terminate the license in these Terms and/or your access to the Website, a Store and/or the Products, without notice to you, in the event that you breach the Terms.
18. Liability and Indemnity
18.1. Except as expressly stated by Brent Wilson, the Products and the materials contained therein are provided on an “as is” basis and without warranties of any kind. To the extent permitted by law, Brent Wilson expressly disclaims all other warranties, express or implied, relating to the Products, the Website and the Stores.
18.2. You waive, release and covenant not to assert against Brent Wilson or its Related Entities or associates any claims, demands or allegations of any nature, including but not limited to, in relation to:
- any errors, omissions, delays, interruptions or other matters relating to the Website, the Brent Wilson IP and/or the Products;
- any materials or content posted or otherwise transmitted by a third party on the Website or on other forms of social media; and/or
- any accident, loss or damage to property or death of or injury to any person of whatever nature or kind (in this regard, you warrant that you enter the Store at your own risk).
18.3. Without limiting the remainder of this clause 18, neither Brent Wilson or its Related Entities or associates shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind.
18.4. In no event shall the aggregate liability of Brent Wilson, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the Website, a Store or the Products, exceed the replacement amount of the applicable Products.
18.5. You agree to indemnify Brent Wilson and its agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from or relating to:
18.6. your fraud, misconduct, negligence or breach of these Terms; and/or
18.7. Your Material.
19. Third Party Links
The Website may include links to websites, platforms or other software operated by third parties. Brent Wilson has no responsibility or liability for the content and activities of such websites, platforms or software.
21. Applicable Law and Venue
You agree that all disputes, claims or other matters arising from or relating to your use of the Website and/or purchase of the Products will be governed by the laws of New South Wales, Australia. You agree that all claims arising from or relating to the Website or the Products will be heard and resolved in a court of competent jurisdiction located in New South Wales, Australia. All references to a time in the Terms is that time in Sydney, Australia.
If any provision of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that Brent Wilson has the right to send you certain information in connection with the Website and/or the Products and you hereby consent to receive communications from Brent Wilson electronically. Brent Wilson may send you this and any other information in electronic form to the e-mail address you specify through the Website or at a Store. Notices provided to you via e-mail will be deemed given and received on the transmission date of the email.
You agree and acknowledge that:
24.1. these Terms are for Brent Wilson’s benefit and may be waived in writing by Brent Wilson, in whole or in part, at any time in its discretion; and
24.2. in the event that a dispute arises as to the interpretation of a provision in these Terms, Brent Wilson’s interpretation shall prevail.
You agree that a failure, delay in exercise or partial exercise by Brent Wilson in enforcing any provisions of the Terms shall not operate as a waiver of its rights in relation to enforcement of those provisions. Any waiver by Brent Wilson must be in writing and signed by Brent Wilson.
In these terms, unless otherwise stated:
26.1. a reference to a person includes a natural person, a company or other entities recognised by law;
26.2. a reference to any legislation, statute, ordinance code or other law includes regulations and other instructions under it and consolidations, modifications, amendments, re-enactments or replacements of it;
26.3. a reference to a time is to that time in Sydney, Australia;
26.4. a reference to writing includes electronic communication;
26.5. an obligation, representation or warranty on the part of two or more persons binds them jointly and severally;
26.6. an obligation, representation or warranty in favour of two or more persons is to be construed for the benefit of them jointly and severally; and
26.7. use of the word ‘including’ or any similar expressions are not words of limitation.
27. Questions and Feedback
If you have any questions regarding the Terms, the Products, the Website and/or the Brent Wilson IP, or if you have any copyright complaints, please email Brent Wilson at email@example.com.