Terms and Conditions

CUSTOMER TERMS AND CONDITIONS OF SALE

These are the Terms and Conditions of Sale of TAKEN Online Pty Ltd, trading as TAKEN Online (ABN 58 638 762 446) (“TAKEN Online”, “we”, “us”) on our website located at www.takenonline.com.au, which is owned and operated by us takenonline.com.au. These Terms and Conditions also incorporate our Terms of Use, any special conditions applicable to discount codes, Disclaimer and Privacy Policy, all of which can be found on our Website.  Please read these conditions carefully, as they apply to all transactions between us on our website and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

E-Commerce

While we take every care to make sure our e-commerce platform is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).  Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

E-commerce Platform

TAKEN Online is an e-commerce platform where designers sell products through their online profile. In order to make online shopping easier, we encourage you to register for an account by providing your personal details and creating a username and password.   

Payment

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Unless otherwise stated, all prices are in Australian dollars (AUD) and inclusive of GST, if applicable. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website. You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full. If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement. We currently use Stripe to process payments through our Website and accept all major credit and debit cards. We may add or remove payment methods in our absolute discretion. You acknowledge and agree that the platform may charge you a merchant fee to make a payment, which will be payable in addition to the purchase price. Merchant fees are non-refundable. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly. Please note that if TAKEN Online suspects suspicious or fraudulent activity (in its sole discretion) in making the order (for example, unauthorized use of a credit card), TAKEN Online may refuse to accept the order and deny acceptance of the Customer’s payment.

Discounts and Coupon Codes 

We may offer discounts or coupon codes from time to time. Such discounts and coupon codes are subject to conditions stated on the Website and the conditions set out in this clause. The conditions relating to the specific discount code on the Website prevail to the extent of any inconsistency. Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).  Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first). Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.  Coupon codes are non-transferable and are not redeemable for cash under any circumstances.  We reserve the right to revoke any discount offer or coupon code at any time without notice.

Store Credit 

We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement and applicable legislation. To the extent of any inconsistency, the terms provided for in applicable legislation prevail where we are not permitted to vary the terms by agreement. Where legislation provides that we may vary the terms by agreement, the terms of this agreement prevail.  Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.  Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded. Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

Postage and delivery

We deliver our digital and physical products to you using trusted delivery service partners. 

Rates

You agree to pay to us postage fees as calculated at checkout. You acknowledge that you will also be charged for any applicable local custom fees and that these are not the responsibility of TAKEN Online. We reserve the right to make changes to our shipping policy at any time.  As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order). Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

Dispatch Timeframes

We endeavour to process all orders within 2-5 business days of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders to our delivery service partner within 2 Business Days of order notification. Longer dispatch times may apply where the Designer has given the Customer express prior notice of such longer dispatch times (for example, on the product or checkout page). We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.  You acknowledge that we’re not liable for any delay in dispatch of your order.

Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, you may expect to receive your order within 5 to 10 business days, unless otherwise stated on the Website or in a communication to you. Please feel free to consult us for indicative delivery times to your delivery address, at [insert email].  

Delivery Address

It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund (less delivery fees) in accordance with this agreement. 

Orders Lost in Transit

We make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law. 

Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person. If tracking indicates that a product was lost in transit, you may make a written claim for a refund or replacement in accordance with these terms. For products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to our investigation and sole discretion. If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

Events beyond control

TAKEN Online will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

Disclaimer 

We make every effort to ensure products are displayed correctly online, however, in some circumstances, products may vary in their appearance (such as colour) on the website. All product measurements are an approximate and may vary. Handmade items and products made from leather and other natural materials will vary, and imperfections are seen as character features individual to each product and are not considered defects

Use of products

Products sold on our Website are for use by persons in accordance with the product instructions. Unless a product is specifically identified as suitable for use by children, they should be kept away from babies and children to avoid any risks associated with choking and to avoid any unintended use or malfunction.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law; however, we do exclude all other terms, guarantees, conditions, representations and warranties to the maximum extent permitted by law. Except as set out above, to the maximum extent permitted by law. We also specifically exclude liability for negligence where possible under applicable civil liability legislation.  Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to: 

  • replacement of the product;
  • repair of the product; 
  • payment of the cost of having the product repaired; or
  • such other fair and reasonable remedy as we are ready and willing to provide.

We won’t 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 to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with our products, the Website or these terms and conditions (including as a result of not being able to use or access the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If for any reason the ACL doesn’t apply to an order you place with us, then we exclude all liability to you however arising, including by negligence, and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.  To make an ACL-related claim, please contact us via email at [insert email] within 14 days of receiving your order. We will require proof of purchase (order number) and evidence of the fault (such as a photograph) or, in some circumstances, we may require you to return the product to us at our nominated address in order to process your claim.

Returns and Refunds Policy

If a good purchased on our Website fails to meet a consumer guarantee under the ACL, please submit an ACL-claim by emailing our team at team@takenonline.com.au. We will provide you with a remedy in accordance with our obligations under the ACL. Return requests must be received within a reasonable time of delivery, which we’ve determined based on the nature of the goods to be 14 days.  We also offer returns in exchange for store credit if you change your mind within 14 days of delivery. To be eligible for a change of mind return, you must email us at team@takenonline.com.au.  We will provide you with instructions on where to send the item. Please note that your item must be unused and in the same condition that you received it. It must be in its original packaging, including any boxes or garment bags. The original tags, including any hygiene labels must also be attached. Please note that for hygiene reasons, we do not offer change of mind returns on jewellery. You will be liable for all postage costs. Risk in the item remains with you until we take delivery of it, so we suggest registered and insured post.  Please do not contact individual sellers for returns as they are unable to process your request. We will not be liable for damage that occurs as a result of the use of the product otherwise than in accordance with our instructions.

Intellectual property

All content on our Website (including all text, images and code) is protected by copyright and associated laws. You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

Promotion

You understand and agree that we may reproduce or publish any works in which we own the intellectual property rights to market and promote our business and the fact that we are the creator of the works, including by exhibiting the works in a portfolio.  If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our Website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us. If you do share images or videos (or any other depiction whatsoever) of our products on your social media, you provide to us your express and unconditional consent to share your posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.  

Dispute resolution

If you have a problem with a product or seller, we ask that you contact us directly at [insert] and not the individual seller. If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us at [insert email] in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales, Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so. Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief). 

Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted. 

 Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

 Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

 Jurisdiction

As we are based in New South Wales, Australia, these terms will be governed by the laws of New South Wales. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them. This document was last updated: 5 July 2020