General Conditions for use of this Website

In the context of this website, “we”, “our” and “us” means outware.net.au and “you” and “your” means you, the user or customer of this website.

The use of the term “product” includes the plural “products”.

Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Policy govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this web site you agree to the terms of the Contract of Sale.

If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Policy do not use this website.

We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.

Your Account

Ordering online

Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email. We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud. Upon processing your order and receiving payment we will send you a confirmation email which is your Tax Invoice.

We reserve the right to refuse service or supply of the products or to terminate the contract and/or your account at our sole discretion. If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout. By placing an order with outware.net.au, you declare that will not be on-selling the product(s) to another person(s) for financial gain.

In the instance that you need to cancel or edit your order; if you fail to notify us before your order has been dispatched, you could incur a return to sender delivery fee of $25. To avoid any fees associated when cancelling/editing your order, you’ll need to notify and receive confirmation from an Outware customer support team member before the order has been dispatched.

Product Descriptions

We do our very best to accurately photograph and describe our products. We photograph all of our Outware products where we can, under natural light conditions to best represent the actual colour of the fabrics we use. It is possible that the colours may vary slightly from that on your screen.

As we make each product by hand there will always be slight variations (which we think is the great thing about small scale hand made products). We predominately use cotton canvas that naturally creases, scuffs and gains character through its use. This process (we think patina) begins when we make the bag and means that every bag we make is unique.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Special Order Items

Products that are specially ordered non-stocked items, custom made, bulk quantity, or special/sale items cannot be exchanged/refunded. 

Contract of Sale

These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.

Payment

The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.

PayPal
We accept payment via PayPal through our online shopping cart.

Bank Transfer & Phone Orders
We are more than happy to facilitate these payment methods but they will not work via our auto webstore. Contact us.

You must retain your tax invoice as proof of purchase.

All orders are subject to pre-authorizations checks to ensure sufficient funds are available and to confirm the validity/security of the payment method.
 
All credit card payments are subject to fraud checks and are assigned a fraud score. Outware reserves the right to decline or refund an order we suspect to be unauthorised or from an untrusted source.

Product Reviews

We may provide specific opportunities for you to tell Outware and other Outware customers or users what you think about our products or services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g. if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures).

All Product Reviews are strictly the opinion of the user posting such reviews, and Outware does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews

Third Party Links

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Outware or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website.

Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website.

Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites.

If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Internet Communications

When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.

The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.

This website may:

• store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
• request your browser to transmit this data back to the web server; or
• request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.

Note. Cookies are small pieces of data stored on the web browser on your computer. By using cookies, web sites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Outware and our subsidiaries and affiliates, and our respective, directors, employees, independent contractors, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another.

Liability

Outware is not liable for any losses or damages arising from any website linked to or from this website that Outware does not control. We reserve the right to refuse any order without giving reason. Upon cancelation of an order we will make all reasonable attempts to contact you using the details provided. If an order is cancelled, all received monies will be refunded using the method received.

Disclaimers

Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied.

OUTWARE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

Outware does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Outware does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.

The Site Content, including, but not limited to, Outware videos and “Expert Advice” articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists.

Waivers, Remedies Cumulative

No failure to exercise and no delay in exercising any right, power or remedy in these Terms and Conditions by Outware operates as a waiver. Nor does any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.  The rights, powers and remedies given to Outware in these Terms and Conditions are in addition to, and do not exclude or limit, any right, power or remedy provided by law.

Copyright and Trademark Notice

This site is owned and operated by Outware. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Outware.

All software used on the site is the sole property of Outware or those supplying the software.

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.

No materials or images from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Outware’s prior written permission. 

All rights not expressly granted herein are reserved.

Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Governing Law

These Terms and Conditions are governed by the laws of Tasmania. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Contact Information

Questions about our Terms of Service should be sent to us at:
service@outware.net.au