Terms and Conditions
Firstly ‘Thank You’ for purchasing some EsoThreads. We will do everything in our power to ensure that you are satisfied with your purchase.
These terms and conditions regulate the business relationship between you and us.
By using Our Website in any way, or by buying from us, you agree to be bound by them.
We shall accept your order by e-mail confirmation. That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall dispatch your order.]
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
The nominated currency used for all transactions on www.esothreads.com is Australian Dollars (AUD$) and includes a 10% GST (Australian Goods and Service Tax). This is applicable to all orders containing an Australian address. When Australian goods are exported (sent to a delivery address outside Australia) then the GST component of the price will be removed and the export price will be exclusive of GST. This will adjust automatically at your checkout when your address is entered.
If you have changed your mind and would like to cancel or make any amendments to your order, you will need to do so within 24 hours. This is due to all our clothing being custom made and the production of your order will begin within 24 hours.
It takes 10-15 working days to make your purchase. Each item purchased has to be printed, cut and then sewn up by our amazing team of craftsman, so this doesn’t happen over night.
If we ourselves are not able to deliver your Goods within [20] days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
For defective items: Please email us photo evidence within 5 days of receiving your items.
If you are not satisfied with your purchase in any way, we will be more than happy to assist you with the return. Please note that all our products are CUSTOM MADE and our policy lasts 30 days. If 30 days have gone by since your delivery, unfortunately, we cannot assist you.
Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
Exactly what is the fault;
The date, if relevant, when the fault became apparent;
To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty.
Kindly send us an email to info@esothreads.com, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
The Goods must be returned to us as soon as any defect is discovered.
So far as possible, Goods should be returned.
With both goods and all packaging as far as possible in their original condition.
Securely wrapped.
Including our delivery slip.
At your risk and cost.
If you do not follow this procedure, we may be unable to identify you as the sender.
There are certain situations where only partial credit may be granted. Any item not in its original condition, is damaged or not due to our error, or you contacted us 30 days after delivery is not eligible for a credit.
For all orders that are returned to our warehouse as a result of the order being ‘Returned to Sender’ by the post office, we offer the option for the recipient to:
Receive a refund, less shipping costs and the restocking fee or,
Receive store credit, less the shipping costs.
With the exception of if you decline to pay duties and taxes due to the carrier upon delivery of your order (or you may have failed to pick-it up within the allowable time frame), the package may be considered abandoned, destroyed, or returned to our distribution center (at an extremely high cost charged to us). Under these circumstances, we, unfortunately, cannot consider requests for refunds or replacement shipments.
If we do not receive a response from the recipient within 7 days, we will automatically provide store credit to the recipient.
We do not accept refunds or exchanges on any orders shipped outside of Australia. If the product was purchased on sale , we do not accept returns unless for a size exchange. If the item is defective or damaged, we will honor a return, in store credit or send a replacement.
The following Items not accepted for exchanges or refunds due to hygiene are:
Sports Crops
Swimsuits
Bikini Bottoms
Board Shorts with Brief
Products must be unused and in a brand new condition. If the product is used or damaged, we will not accept it back. This includes visible signs of use including stains, perfume, scents, etc. We will not reimburse you for shipping fees.
If the return is due to an error of ours, we will accept responsibility for the shipping costs related to the return. If the return is not due to an error of ours, the buyer accepts full responsibility for all shipping costs.
If you still have not received your credit after 5 working days of us receiving your items, please contact us at info@esothreads.com
Refund / Exchange / Return Request
We review each case individually and If you would like to request a return, please email us info@esothreads.com your full name, the purchase number and the reason why you would like to exchange/ refund.
Include a Printed copy of your Order confirmation or your packing slip in your return package that lists your items that were ordered. Unfortunately the returns and exchanges only apply to domestic orders. International exchanges are exempt.
Disclaimers
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
The adequacy or appropriateness of the Goods for your purpose.
The truth of any Content on Our Website published by someone other than us.
Any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used.
Compatibility of Our Website with your equipment, software or telecommunications connection.
[Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.]
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
The above two sub paragraphs do not apply to a claim for personal injury.
Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data,
and software).
We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your email address
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for. any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that. arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
Your Material
If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in in any medium and for any purpose.
You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that:
You own the rights to all of the Material that you post;
Any fact stated in your Material is accurate;
System Security
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Miscellaneous provisions
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.