Terms + Conditions

PURCHASES

You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Charcoal is not obliged to re-send the order to the correct address at our own expense. 

Charcoal reserves the right to refuse or cancel an order at any time giving fair reason (eg. not for personal use, technical error, fraudulent activity etc.).

PURCHASE PRICE

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST. Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.

PAYMENT

Charcoal Clothing accepts payment via credit card (Visa/Mastercard) and Paypal.

After you make payment for your order, we will email you an invoice, which confirms receipt of your order.

SECURITY

We recognize that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.

We use the highest strength Secure Sockets Layer (SSL) encryption to transmit your personal and credit card details. This means absolute security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our website servers.

Our Security Certificate is provided to us by VeriSign, the leading provider for online security and is verified by the VeriSign Trust Seal™.

We do not store your credit card details at any time so consumer confidence and satisfaction is assured. 

CONSENT

By agreeing to these Purchase and Shipping terms, you also consent to receive further electronic communications from us in relation to the Charcoal business, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. 

PROCESSING OF ORDERS

 
We process purchases on business days, which are Monday to Friday and exclude public holidays in Queensland.

We will provide you with a tracking number once we have shipped your order to you.

SHIPPING

Within Australia:

Shipping will be via Australia Post Express.

Orders placed on a business day before 10am AEST are usually shipped that same day. We cannot guarantee delivery times, however, you should receive your delivery within 1-3 days.

International:

We ship to all international destinations.

International delivery times are 1-3 weeks. If you have not received your ordered items within this timeframe, please email us your full name and order number and we will investigate on your behalf.

CANCELLATION OF ORDERS

Charcoal may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation. 

RETURN OF PRODUCTS

Any return of Products to us by you will be governed in accordance with our Returns Policy. 

GOVERNING LAW

The laws of Queensland, Australia govern these Purchase and Shipping Terms.

PRIVACY POLICY 

We will take all reasonable steps to ensure that all information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by our authorised personnel.

Please note that no information transmitted over the Internet can be guaranteed to be 100% secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

Accessing, correcting and updating your information

You have the right to access the information that you provide to us.

We reserve our right to modify or amend this Privacy Policy at any time. Should any significant amendments occur, notification would be provided by publication on the Website. For further information about privacy, please refer to the Australian Privacy Commissioner’s website www.privacy.gov.au.

Spam Statement 

Charcoal is committed to observing and complying with its obligations at all times under any relevant Spam legislation and regulations in any subject country.

For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our website.

We assure you that:

• we have crafted an internal policy to educate staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;
• you may at any time unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to unsubscribe from the mailing list, please send an email advising us of your wish to unsubscribe; and
• we will not use address-harvesting software for any reason whatsoever.

To assist us to combat spam, we request your assistance with the following:

• If you receive an unauthorised commercial message, which appears to originate from a Charcoal email address, please assume that it has been sent in error and notify us immediately on the above contact details;
• Please ensure that you unsubscribe from any of the Charcoal mailing lists if you decide that you no longer wish to receive electronic commercial messages from Charcoal or its contracted third parties; and
• Please notify us of any changes to your personal details or cancellation of your email address so we can update our records.

Terms of Use

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Our services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

Prohibited conduct

In relation to the Website, you must not:

• use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
• use the Website to send unsolicited email messages;
• in any way tamper with, hinder or modify the Website;
• knowingly transmit any viruses or other disabling features to the Website or via the Website; or
• attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Charcoal and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• reproduce or use any of the material on the Website for commercial purposes, including sale;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third party links

The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

• all material on the Website is provided to you without warranties of any kind, either express or implied;
• we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
• we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
• we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of goods supplied or offered by us:

• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the costs of replacing the goods or acquiring equivalent goods; or
• the payment of the costs of having the goods repaired.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous 

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

MOBILE MESSAGE SERVICE TERMS AND CONDITIONS

The Charcoal Clothing mobile message service (the "Service") is operated by LB Creative Pty Ltd (“LB Creative Pty Ltd ” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to LB Creative Pty Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service and promotional messages, including updates, alerts, and information (e.g. order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of LB Creative Pty Ltd via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with LB Creative Pty Ltd. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to any mobile message sent from us. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other LB Creative Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email info@charcoalclothing.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our privacy policy.