TERMS OF USE OF WEBSITE

GENERAL

This website ("Site") is owned and operated by CWM IP Pty Ltd (ABN 93 755 956 924) trading as Creswick Woollen Mills Pty Ltd ("Creswick").

By accessing, browsing or using this Site, you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully before using this Site. These Terms of Use are in addition to the specific Terms and Conditions of Sale that apply to the provision of the goods and services offered by Creswick. If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Site. We will not be liable if for any reason this Website is unavailable at any time or for any period.

Creswick reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

PRIVACY

These Terms of Use incorporate our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy pageBy using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.:

LINKS TO OTHER SITES

You will be able, through hypertext or other computer links, to gain access to other Sites operated either by Creswick or other third parties ("Linked Sites"). Unless otherwise specified, the Linked Sites are not under Creswick's control.

The Linked Sites may have different terms of use and privacy requirements. Unless otherwise specified, Creswick is not responsible for the content of any Linked Sites, or any changes or updates to such Sites. Creswick provides these links for your convenience only. You link to any such Linked Sites at your own risk. Creswick is not a party to any transaction between you and a Linked Site. Unless specified, Creswick does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

You acknowledge and agree that all content, coding, graphics and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws. No part of the information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Creswick's prior written consent. However, you may download and print these Terms of Use and the Terms and Conditions of Sale for your personal non-commercial use.

SPAM

The publication of Creswick's email addresses on this Site is to facilitate communications relating to the goods and services supplied by Creswick. It must not be inferred as consent by Creswick to receive unsolicited commercial electronic messages.

MEMBERSHIP AND MEMBER INFORMATION

You may be prompted to register for Membership of the Site and to submit certain information in order to fully utilise the services and facilities provided ("Member Information"). The Member Information may include, but is not limited to, your name, email and contact details. Upon becoming a Member, you will create a Member ID and password. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Site which occur under your Member ID and password. Membership is non-transferable. Creswick may terminate your Membership at any time. You may terminate your Membership by written notice to Creswick.

You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information. You must indemnify Creswick for any losses, costs, expenses or damages that Creswick may suffer or incur if any of the Member Information provided by you is not correct.

MEMBER SUBMISSIONS

From time to time, you may be able to post reviews and/or comments regarding the goods and services featured on this Site ("Member Submissions"). You irrevocably grant to Creswick a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Creswick all moral rights in any jurisdiction. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Creswick for any losses, costs, expenses or damages that Creswick may suffer or incur as a result. Creswick reserves the right - but not the obligation - to review, edit or delete any Member Submissions that Creswick deems to be illegal, offensive or otherwise inappropriate.

TERMS AND CONDITIONS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, changes to colour or size, or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

(b) Pricing & Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

(c) Payment and Security

All transactions are processed in Australian Dollars. When purchasing from Creswick, we accept payment via Paypal, Afterpay, MasterCard, Visa and AMEX for orders delivered in Australia and MasterCard, Visa and AMEX for orders delivered Internationally. In all instances, your financial details including the information you enter in relation to your credit card payments are transacted and are passed through a secure server using the latest 256-bit SSL/TLS encryption technology. Card data is not hosted by Creswick after processing. Once your credit card has been validated, upon clicking “PLACE ORDER” we will debit your credit card immediately for the full order amount.

(d) Discount/Promo Codes

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site. The conditions of use relating to any discount code will be specified at the time of issue. Coupons may only be redeemed on the Site, and are not redeemable for cash. You must enter the Coupon during the ordering process in order to redeem the percentage discount or free gift. Creswick reserves the right to vary or terminate any Coupon program at any time.

(e) Returns

Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or don’t perform as advertised.

(f) Delivery

Creswick will arrange for the delivery of the goods to You to a nominated delivery address within  Australia and Internationally. You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of despatch of the goods to the point of delivery.

 

Creswick will designate the method of delivery for the goods. If You require a more costly method of delivery, You must reimburse Creswick for the extra cost involved.  Delivery of goods will occur within an estimated 7-10 working days. Any period or date for delivery of goods stated by Creswick is intended as an estimate only and is not a contractual commitment.

 

Creswick will use its reasonable endeavours to meet any estimated dates for delivery of the goods.  A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods. You may be required to provide photo identification at the time of delivery of the goods. You indemnify Creswick against any loss or damage suffered by Creswick as a result of delivery, except where caused by Creswick's negligence.

 

(g) Cancellation

If, through circumstances beyond Creswick's control, it is unable to affect delivery of the goods, then Creswick may cancel Your order (even if it has already been accepted) by notice to You.  No purported cancellation or suspension of an order or any part of it by You is binding on Creswick after that order has been accepted and payment confirmed.

DISCLAIMER OF LIABILITY

The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. Creswick and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Creswick's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

RISK AND INSURANCE

The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to You immediately on the goods being despatched from Creswick's warehouse. You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of Your use or possession of any of the goods sold by Creswick.

INDEMNITY

You agree to indemnify, defend and hold harmless Creswick, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

FORCE MAJEURE

Creswick shall have no liability whatsoever under or in any way related to the sale of the goods or otherwise for any failure to fulfil any obligation hereunder to the extent that such fulfilment is prevented by circumstances beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts of terrorism, or acts of war. Should an event of force majeure occur Creswick may terminate the Contract by giving You written notice.

VARIATION

Creswick shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at. info@creswickwool.com.au

WAIVER

If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Creswick.

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

SEVERABILITY

Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.

ENTIRE AGREEMENT

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Creswick.

May 2020