All customers (whether ordering online, in the shop, via email, via fax, via Purchase Order or via the telephone) are subject to the Terms and Conditions as shown below.
" We or us" means “East Bay Pty Ltd trading as United Uniforms”
"Customer or you" means the person(s), individual, sole traders, company, or any of its principals or employees, organization, club, business, school, government department or other ordering the goods the subject of this contract." Goods " means the goods supplied by East Bay Pty Ltd.Reference to “website” means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
If you do not accept these terms, you must refrain from using this website.
We may, from time to time, add or remove information, products or services from this website without notice. We reserve the right to amend these Terms at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these terms will survive.
Our website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained.
We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or of any information, products or services referred to on those third party websites unless expressly stated.
You link to these websites at your own risk and should make your own inquiries as to the privacy policies of these third parties.
We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this website without written permission.
Should you require permission to link to this site please contact the related person through the contact page on this site.
PRICES, PRODUCTS & SERVICES
Prices shown on the all or any East Bay Pty Ltd web site(s), printed materials or quotes for goods, branding, freight and additional charges are subject to change without notice and goods will be invoiced at the price ruling at the date of dispatch.
East Bay Pty Ltd reserves the right to adjust the final invoice to include freight expense and any additional fees not shown on this site.
All endeavors will be made by East Bay Pty Ltd to keep the prices current. Customers will receive an Invoice to show correct amounts and freight fees before the order will commence.
All trademarks shown on any product is the property of their respective owners.
Prices of goods described on this website and offered for sale by East Bay Pty Ltd staff or stores may be higher than prices in this website.
Orders shall only be processed by East Bay Pty Ltd on the basis of payment of the order being made at the time the order is processed.
East Bay Pty Ltd has the sole legal right to determine to refund,back order or supply new or replacement items on any order that is delivered with missing or incorrect items.
East Bay Pty Ltd will always endeavor to deliver all goods as requested on time but are not responsible or legally liable for any delays in delivery to the Customer.
If goods are ordered in especially for an order no returns, changes or cancellations will be accepted.
CHANGES & CANCELLATIONS
If the ordered quantity or product from the Customer is altered after quoting, the price is subject to change.
All costs involved in production of an order will be charged if the order is cancelled. This includes any Paypal fees as paid by East Bay Pty Ltd
If order is already in production it cannot be changed in any way or be cancelled.
If goods are ordered specially and manufactured to customer specifications and supplied to these specifications the above mentioned goods cannot be returned for credit.
East Bay Pty Ltd reserves the right to adjust or amend prices in accordance with any alteration of changes to tax legislated by the Australian Government.
Goods may only be returned to East Bay Pty Ltd subject to the conditions as follows,
Returns will not be considered unless accompanied by a written “Authorization Form” from East Bay Pty Ltd.
East Bay Pty Ltd shall not accept the return of goods unless such goods are returned to East Bay Pty Ltd within 7 days of the receipt by the Customer.
Goods returned must be accompanied with a copy of the relevant invoice number.
Customer shall be responsible for all charges and costs incurred in the return of goods unless East Bay Pty Ltd determines otherwise.
Goods decorated are not eligible for return under any circumstance.
Goods sent as ordered are not returnable under any circumstances unless incorrect style, incorrectly sized or damaged goods have been received by the Customer.
Goods returned must be in the original condition as sent, items must be in original packaging and not worn, laundered, soiled, altered, damaged, labelled or personalized or they will not be accepted for credit.
In the case where a Credit is applied, the customer agrees to redeem the Credit within 12 months from the return date of the Returns Authorization.
Refunds will not include shipping charges or express fees. Exchanges will incur additional shipping charges.
All garments being returned for exchange, credit or refund, will incur a $15 per order re-stacking fee.
This fee is to cover the costs involved with providing this service.
East Bay Pty Ltd at times capable to carry out urgent orders, but any additional expenses will be passed on to the Customer for payment before the order can be processed.
East Bay Pty Ltd is not in any way legally liable for any goods not arriving at any destination on a due date.
SMALL ORDERS REQUIRING BRANDING
We do permit customers to order less than 10 units with embroidery, however all orders requiring embroidery will be charged a small order fee of $50.
Payment is required prior to any orders being processed or dispatched unless in writing from East Bay Pty Ltd in the form of Credit Application Approval.
The Customer must pay for goods supplied according to payment terms on this website. All deliveries may be suspended or held should these terms not be met at any time.
Our payment terms are that payment shall be made by the Customer to East Bay Pty Ltd for all goods, branding and freight before dispatch or unless dispatched on goodwill by East Bay Pty Ltd or that the Customers annual spending is significant enough to permit credit terms being provided to the Customer.
Should goods be dispatched to the Customer on
goodwill, the Customer agrees to pay the invoice in full within 7 days or
return the items within the same time period of 7 days. Should the Customer not
return the sent goods on goodwill within 7 days, the Customer is therefore
deemed to have accepted the goods and payment in full is expected immediately.
East Bay Pty Ltd shall be entitled to charge to the Customer all costs and expenses reasonably incurred in the recovery of any money owing by the Customer to it including all legal fees, process severs charges and collection agents expenses as well as the time reasonably spent and incurred by East Bay Pty Ltd in such recovery.
For invoices still outstanding after 60 days, it is the procedure of East Bay Pty Ltd to submit in writing an application to the Small Claims Tribunal with the intention of recouping monies owed and out of pocket expenses.
If you do not accept these Terms, you must refrain from using this website.
This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by East Bay Pty Ltd.These intellectual property rights are protected by Australian and international laws.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately.
Discontinued or Clearance stock items are not eligible for return under any circumstances.
If you do not accept these Terms, you must refrain from using this website.
Risk in the goods shall pass to the Customer at the date of dispatch and the Customer shall if deemed necessary insure all goods that are at its risk.
East Bay Pty Ltd accepts no risk liability on any order sent to a third party, embroidery or printing business.
Clerical errors are subject to correction without notifications.
SUPPLIER APPROVED REFUNDS
Refunds or Credit on Authorized Returns will not be given prior to East Bay Pty Ltd supplier(S) approving the return and crediting East Bay Pty Ltd the monies which were originally paid for the goods, by East Bay Pty Ltd to fulfill the Customers order.
Claims on faulty goods will be considered within 7 days from date of supply. If it is considered that the faulty good is the responsibility of East Bay Pty Ltd or a supplier which East Bay Pty Ltd , in its sole judgment and discretion considers to be faulty then at the discretion of East Bay Pty Ltd may either replace the goods or the customer may be reimbursed.
East Bay Pty Ltd may, from time to time, issue guidelines for the return of items claimed by the Customer to be faulty & will not entertain any claim in respect of goods claimed to be faulty not made in accordance with such guidelines.
East Bay Pty Ltd reserves the right to change such guidelines without notice.
RESERVATION OF TITLE
Notwithstanding that Risk in the goods shall pass to the account holder Customer as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with East Bay Pty Ltd absolutely, until the whole of the monies due under the invoice are paid for in full.
Unless East Bay Pty Ltd shall otherwise specify in writing, each item sold by East Bay Pty Ltd to the Customer shall be and remain the property of East Bay Pty Ltd until the Customer has paid all that is owing to East Bay Pty Ltd for the goods.
Until the date of payment the Customer is required to store the goods in such a way that it is clearly the property of East Bay Pty Ltd
Should the Customer default in payment, by adopting whatever lawful means may be necessary where ever such goods may be located and East Bay Pty Ltd shall have the right themselves or by their servants, employees, agents, or authorized representatives to enter the Customers premises and retake possession of and permanently retain any unpaid goods and revoke all liability of East Bay Pty Ltd to the Customer on the sale and delivery of such goods.
The account Customer hereby acknowledges that East Bay Pty Ltd have a lieu over all goods in possession of the account holder Customer which belong to and are owned by the account holder Customer to secure payment of any monies due to the suppliers. In the event of resale of the goods, including any mixed goods, by the Customer to a third person, all goods are sold as agents of East Bay Pty Ltd and the Customer shall account to East Bay Pty Ltd for any money received
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
We make no representations that the content of this website complies with the laws of any country outside Australia.
The only contractual terms which are binding upon East Bay Pty Ltd are those set forth herein or otherwise agreed to in writing by East Bay Pty Ltd and those which are imposed and cannot be excluded by law.
All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on East Bay Pty Ltd are to the extent permitted by law hereby expressly excluded and negated.
All products advertised or displayed on this site are subject to the manufacturer’s warranty. The term of this warranty is subject to the individual manufacturer.
East Bay Pty Ltd are resellers of products on behalf of the manufacturer and do take any responsibility for the performance of these products.
In the case of apparel, if there is a problem within the first 30 days of purchase the customer must send back the garment(s) and all packaging to East Bay Pty Ltd so that the garment(s) can be sent back to the appropriate manufacturer or service centre to be assessed.
Once assessed, if the garment(s) is determine to have a manufacturers fault it will be repaired under warranty.
If the garment(s) is determined to have a fault caused by the customer, return costs will apply.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchant ability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).