Terms and Conditions

This Website is owned and operated by Weareco Pty Ltd (ABN 41 010 579 343) trading as Wearitto of 26 Ross Street Newstead Queensland 4006 (“Wearitto”).

Your use of this Website is subject to the following terms and conditions (“Terms”). Wearitto may revise and update these Terms at any time and your continued usage of this Website means you accept those changes. Please refer back to these Terms from time to time so that you are aware of the current Terms.

These Terms apply to the ordering, purchase fulfilment and delivery of goods from www.wearitto.com.au.

1. Definitions

Account means your account accessible via the Website restricted by a username and password.

Business Day means a day on which banks generally are open for business in Brisbane other than a Saturday, Sunday or Public Holiday.

Goods means the goods made available for purchase via the Website and items requested by you in an Order.

Order means a request by you to purchase Goods from the Website in accordance with these Terms.

Non-excludable Condition means an implied condition, warranty or guarantee, including under the Australian Consumer Law set out in the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void.

Statutory Rights means your non-excludable rights provided under legislation including under the Australian Consumer Law set out in the Competition and Consumer Act 2010 (Cth), and include the rights described in clause 12.4.

Website means the website found at www.wearitto.com.au and associated pages.

2. Application of Terms

2.1 You agree to be bound by these Terms when you access or use the Website or submit an Order.

2.2 When Wearitto accepts your Order in accordance with clause 3.2, it represents a separate binding agreement between you and Wearitto for the supply of the Goods ordered in accordance with these Terms.

3. Orders

3.1 You may submit an Order through the order process on the Website. An Order may be submitted through your Account or as a guest.

3.2 Wearitto reserves the right to accept or reject your Order for any reason at any time.

3.3 If Wearitto rejects your order under clause 3.2 it will use reasonable attempts to notify you of that rejection within 5 Business Days. Except for Non-Excludable Conditions, Wearitto will not be liable to you for your loss or that of any third party for the rejection of an Order.

3.4 If you have made a payment for a rejected order Wearitto will use reasonable endeavours to process a refund of the payment relating to the rejected Order within 5 Business Days. Except for Non-Excludable Conditions, Wearitto will not be liable for any loss, damage, cost, expense or injury you or any third party incur due to any delay in processing a refund under this clause.

4. Accounts

4.1 You may set up an Account as permitted by the functionality of the Website.

4.2 You are responsible for maintaining the confidentiality of the Account username, password and any other security information relating to your Account.

4.3 You must immediately report any unauthorised use of your Account to Wearitto.

4.4 At its absolute discretion, Wearitto may offer a pre-paid Account facility for the purpose of ordering Goods on the terms and conditions set out in these Terms and as specified when you apply for the pre-paid Account. In the event of any inconsistencies between these Terms and the terms specified when you apply for a pre-paid account, the latter will take precedence.

4.5 For pre-paid Accounts:

(a) you must make an initial prepayment and keep the pre-paid Account in credit by making top up payments. Top up payments must be $20.00 or greater (or such lesser amount nominated by Wearitto from time to time). Top up payments will incur a processing fee of $0.29;

(b) you may authorise Wearitto to automatically make top up payments to your pre-paid Account from a nominated credit card when the pre-paid Account balance falls to a nominated level;

(c) if any payment on a pre-paid Account is dishonoured for any reason, Wearitto will debit the dishonoured payment plus any relevant dishonour fees against the pre-paid account;

(d) if a pre-paid Account falls into debit for any reason Wearitto may suspend the pre-paid Account, unless otherwise agreed by Wearitto; and

(e) you remain liable to pay any outstanding fees or charges in the event that the pre-paid Account balance is insufficient to meet all such fees and charges.

4.6 Wearitto may close a pre-paid Account or refuse to offer a pre-paid account at its absolute discretion.

5. Goods

5.1 You acknowledge that:

(a) images of Goods on the website are for illustrative purposes only and you should read the corresponding written description;

(b) the colour of Goods shown in the website may vary in shade; and

(c) any accessory featured with the Goods are for illustrative purposes only.

5.2 Wearitto reserves the right to withdraw any Goods offered for sale on the Website at any time without notice to you.

5.3 If you have made a payment for any Goods that have been withdrawn from sale Wearitto will use reasonable endeavours to process a refund of the payment relating to the withdrawn Goods within 5 Business Days. Except for Non-excludable Conditions, Wearitto will not be liable for any loss, damage, cost, expense or injury you or any third party incur due to any delay in processing a refund under this clause.

6. Payment

6.1 Unless otherwise specified, all prices are in Australian dollars and are inclusive of goods and services tax (“GST”). Additional fees and charges, including delivery fees, imposed are inclusive of GST where applicable.

6.2 Wearitto reserves the right to change the prices of Goods on the Website without notice to you unless you have already submitted an Order, in which case the price applicable to that Order will apply.

6.3 When you submit an Order you agree to pay the price plus any applicable delivery fee.

6.4 You can pay by any methods specified on the electronic Order form on the Website.

6.5 When you place and Order via the Website, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding the security policy please contact Wearitto customer service using the contact details set out below.

7. Delivery

7.1 You or your nominated representative (including your child) may collect your Goods at your nominated school store by presenting your receipt.

7.2 Wearitto is not liable for loss of Goods once they have been collected by you or your nominated representative (including your child).

7.3 Alternatively, your Goods may be delivered to your nominated delivery address using a third party delivery agent. Wearitto will provide your details including your delivery address to the delivery agent for the purpose of delivering the Goods.

7.4 Delivery costs are calculated based on the size and weight of the Goods and your location. Exact delivery costs will be added to your Order before confirmation of the Order.

7.5 Delivery is available Australia wide.

7.6 Where goods are in stock, Orders will be dispatched within 5 Business Days. Delivery times are estimated at between 8 and 12 Business Days. Wearrito will use reasonable endeavours to ensure the above dispatch and delivery times are met and will use reasonable attempts to notify you within 5 Business Days if Wearitto is unable to dispatch your order for any reason.

8. Exchange / Returns and Order Cancellation

8.1 No cancellations or changes to orders will be accepted except as provided in these Terms.

8.2 In addition to your Statutory Rights, should you change your mind, Wearitto will provide an exchange or refund providing the following conditions have been met:

(a) the Goods with the original receipt are returned within 15 days of receiving the Goods;

(b) the Goods are in original condition as purchased, with all product labels/tickets attached; and

(c) the Goods have not been worn, washed or labeled.

8.3 To exchange or receive a refund for Goods ordered via the Website they may be returned to your nominated school store.

8.4 Alternatively, Goods ordered via the Website may be exchanged or returned by posting them along with a copy of your receipt. Please contact customer service using the contact details set out below to confirm the relevant refund/exchange address.

8.5 Wearitto will pay refunds by crediting your original method of payment, excluding delivery costs (unless Goods are returned in accordance with your Statutory Rights - for example if the Goods are faulty or not as ordered).

8.6 Unless you have requested an exchange in accordance with your Statutory Rights (for example if the Goods are faulty or not as ordered) standard delivery fees apply for the delivery of replacement items. Exchanges are subject to availability of Goods. If the Goods requested for exchange are not available, Wearitto will provide a refund in accordance with clause 9.5.

9. Intellectual Property and Trade Marks

9.1 Wearitto is the owner or authorised user of all intellectual property including but not limited to copyright, trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Wearitto in and associated with this Website (collectively “Intellectual Property”), and any improvements or modifications to such Intellectual Property. The use or misuse of any of Wearitto’s Intellectual Property is prohibited without the prior written permission of Wearitto.

9.2 Nothing contained in this website should be construed as giving you any right in, or licence to, any of the Intellectual Property on or associated with the Website except as specifically set out in these Terms.

10. Privacy

10.1 Wearitto will handle all personal information in accordance with Wearitto’s privacy policy which can be found on the Wearitto Website at www.wearitto.com.au.

10.2 By using this Website, you agree to the use by Wearitto of your personal information, in accordance with Wearitto’s privacy policy.

11. Disclaimer

11.1 You agree that your access to, and use of, this site is subject to these Terms and all applicable laws, and is at your own risk. Except for Non-excludable Conditions, Wearitto makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site.

11.2 Wearitto is not responsible for the accuracy, legality, decency of material or copyright compliance of any linked websites or services or information provided via any linked website.

11.3 Except for Non-excludable Conditions, Wearitto, its employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of the Website and any other site linked to the Website.

11.4 Wearitto’s Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

12. Jurisdiction

12.1 These Terms are governed by the law in force in the state of Queensland, Australia. The parties submit to the jurisdiction the courts of that state.

13. Customer Service Contact

13.1 If you have any queries or comments about the Website, the Goods or your Order please contact the Wearitto customer service at Customerservice@wearitto.com.au.