WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website
1.1. Welcome to usaerstwilder.com (the ‘Website’). The Website provides a platform for you to browse and purchase various goods, including but not limited to fashion accessories (the ‘Products’).
1.2. The Website is operated by Erstwilder Pty. Ltd. (ABN 64 603 063 320) and its related bodies corporate (collectively, ‘Erstwilder’, ‘us’, ‘our’ and ‘we’). Access to and use of the Website, or any of its associated Products or services, is provided by Erstwilder. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.3. Erstwilder reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Erstwilder updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Erstwilder in the user interface.

3. Registration to use the services
3.1. In order to access certain services on the Website, you may be required to register as a user. As part of the registration process, or as part of your continued use of the services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
(a) an email address
(b) a mailing address
(c) a telephone number
(d) a password
3.2. You warrant that any information you give to Erstwilder in the course of completing the registration process will always be accurate, correct, and up to date.
3.3. Once you have completed the registration process, you will be a registered user of the Website (‘User’) and agree to be bound by the Terms.
3.4. You may not use the services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Erstwilder; or
(b) you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services.

4. Your obligations as a User
4.1. As a User, you agree to comply with the following:
(a) you will use the services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Erstwilder of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;
(e) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content to substantiate such.
(f) you agree not to harass, impersonate, stalk, threaten another User of the Website (where interaction with other Users is made available to you);
(g) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Erstwilder providing the services;
(h) you will not use the services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Erstwilder;
(i) you will not use the services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(j) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. Appropriate legal action will be taken by Erstwilder for any illegal or unauthorised use of the Website; and
(k) you acknowledge and agree that any automated use of the Website or its services is prohibited.

5. Purchase of Products
5.1. In using the services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through one of the following third party payment providers:
(a) Stripe
(b) PayPal
(c) Apple Pay
(d) Google Pay
(e) Shop Pay
(collectively, the ‘Payment Providers’)
5.3. In using the services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Providers.
5.4. Following payment of the Purchase Price being confirmed by Erstwilder, you will be issued with a receipt to confirm that the payment has been received and Erstwilder may record your purchase details for future use.

6. Warranty, Returns and Refunds
6.1. Erstwilder’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
6.2. If you are a consumer within the meaning of the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For significant failures with the service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You should ask us for further details on the specific warranty applying to our goods and services, or visit the consumer affairs website.
6.3. To claim under the Warranty, you must contact us. You will be required to provide details of the Product, a description of the fault, and proof of purchase. Erstwilder will then provide instructions on how to return the Product. You will bear the cost of returning the Product if the fault is not a major failure as defined by the Australian Consumer Law.
6.4. Erstwilder may, at its sole discretion, provide a refund or replacement for a Product if it determines that the Product is faulty or does not comply with the Warranty. Please refer to our Returns & Refunds Policy available on the Website for more information.
6.5. For Products that are damaged in transit or are deemed to be faulty upon receipt, you must notify us within a reasonable time of discovering the issue. Erstwilder will cover the cost of return shipping for Products that are faulty or damaged on arrival.
6.6. For change of mind returns, Erstwilder offers a 30-day return policy from the date of purchase, provided the Product is returned in its original, unworn condition with all original packaging and tags attached. You will be responsible for the cost of return shipping for change of mind returns. Sale items may not be returned for change of mind unless required by law.
6.7. To initiate a return, please log into your account on the Website and follow the instructions, or contact us for assistance. Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain number of days.

7. Delivery
7.1. You acknowledge that all Products purchased are subject to availability. Erstwilder does not guarantee that all Products displayed on the Website will be available at all times. If a Product is unavailable, Erstwilder will notify you and provide a refund for any amount paid for that Product.
7.2. You acknowledge that the services offered by Erstwilder integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
7.3. You acknowledge that despite reasonable efforts by Erstwilder, the performance of the Delivery Services remains within the control of the Delivery Service Providers, and Erstwilder cannot be held responsible for failures or delays in delivery caused by the Delivery Service Providers.
7.4. In the event that an International Delivery Service Provider is used, you, as the receiver of the Products, may be subject to additional taxes, duties, and fees which are imposed once the Products reach the destination country. Payment of any such taxes, duties, and fees is your sole responsibility. Erstwilder has no control over these charges and cannot predict their amount. Please contact your local customs office for further information.
7.5. You are responsible for providing accurate and complete delivery information. Erstwilder is not liable for Products lost or delivered to an incorrect address based on the information you provided.

8. Copyright and Intellectual Property
8.1. The Website, the services and all of the related products of Erstwilder are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) and the Products are owned or controlled for these purposes, and are reserved by Erstwilder or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Erstwilder, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Erstwilder does not grant you any other rights whatsoever in relation to the Website or the services. All other rights are expressly reserved by Erstwilder.
8.3. Erstwilder retains all rights, title and interest in and to the Website and all related services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
8.4. You may not, without the prior written permission of Erstwilder and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy
Erstwilder takes your privacy seriously and any information provided through your use of the Website and/or services is subject to Erstwilder’s Privacy Policy, which is available on the Website.

10. General Disclaimer
10.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Erstwilder will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these Terms (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3. Use of the Website and the services is at your own risk. Everything on the Website and the services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Erstwilder make any express or implied representation or warranty about the services or any products or services (including the products or services of Erstwilder) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the services, or any of its services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the services or any of the products of Erstwilder; and
(d) the services or operation in respect to links which are provided for your convenience.

11. Limitation of Liability
11.1. Erstwilder’s total liability arising out of or in connection with the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Erstwilder is the resupply of the services to you.
11.2. You expressly understand and agree that Erstwilder, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. You acknowledge and agree that Erstwilder holds no liability for the actions of any third-party Delivery Service Providers or Payment Providers.

12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Erstwilder as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) providing Erstwilder with notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Erstwilder has made this option available to you.
Your notice should be sent via the contact details on the Website.
12.3. Erstwilder may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Erstwilder is required to do so by law;
(c) the partner with whom Erstwilder offered the services to you has terminated its relationship with Erstwilder or ceased to offer the services to you;
(d) Erstwilder is transitioning to no longer providing the services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the services to you by Erstwilder is, in the opinion of Erstwilder, no longer commercially viable.
12.4. Subject to local applicable laws, Erstwilder reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Erstwilder’s name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Erstwilder have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity
You agree to indemnify Erstwilder, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.

14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
14.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction
The services offered by Erstwilder are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.