Terms & Conditions
OVERVIEW
These terms and conditions set out the legal terms to apply to your use of our website www.tobarwynandback.com (the “Website”).
Please read these Terms & Conditions carefully and make sure you understand them before using the site. In the following paragraphs, we will cover the use of this site, limitations of liability, customer service dealings, shipping/delivery, return and refund policies, and copyright protection. By using this site, you acknowledge that you have read and understood the Terms & Conditions, and agree to be bound by them.
To {Barwyn} and back ® may amend the Terms & Conditions from time to time, and any amendment will be effective immediately. Please review this agreement regularly to ensure you are updated as to any changes. To continue to use www.tobarwynandback.com after changes are posted means you agree to be legally bound by these terms as updates and/or amended.
When we refer to “we”, “us” or “our” in these Terms & Conditions we mean to {Barwyn} and back ® and wherever we use the terms “you” or “your” we mean you, the person using the site.
If you have any comments or questions, you can contact us at hi@tobarwynandback.com.
SECTION 1 - ABOUT US
The to {Barwyn} and back ® website is owned and operated by to {Barwyn} and back ® ABN 1432 062 7393. We are a registered Australian business and registered as a trademark in classes 9 and 25 by IP Australia, trademark no. 1796411 on 14th September 2016, under the Trade Marks Act 1995.
The trademark is also registered for the following goods and/or services as specified by IP Australia;
Protective helmets including bicycle helmets; reflective clothing for prevention of accidents, reflective articles for use by cyclists for prevention of accidents; protective eyewear including sunglasses; mobile phone covers being goods/services in Class 9 and Apparel; clothing including t-shirts, sweatshirts, rainwear, vests, trousers, shorts, dresses and skirts; sports clothing including clothing for cyclists; shoes including cycling shoes; headgear including caps, visors and beanies; socks including sport socks being goods/services in Class 25.
SECTION 2 - USE OF THIS SITE AND COPYRIGHT
All material on this site is the property of to {Barwyn} and back ® unless otherwise stated.
Unless content carries a ‘share’ icon you may not copy, reproduce, download, post, make available to the public or otherwise use tobarwynandback.com content in any way except your own personal, non-commercial use, unless you have sought permission from us, which you can do by contacting hi@tobarwynandback.com.
You agree to use tobarwynandback.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person or transmitting obscene or offensive content.
All of the content that appears on our site, including all text, logos, buttons, icons, images, audio and video are subject to Australian copyright protections and are the intellectual property of to {Barwyn} and back ® and may not be reproduced without our permission.
SECTION 3 - OUR SERVICES
The services we offer allow you to search through this site and purchase goods under the brand to {Barwy} and back ®. We are proudly accredited by Ethical Clothing Australia and as such our clothing is produced considerately, where workers are treated and paid fairly and legally.
We also provide information to you about the brand to {Barwyn} and back ® and provide information and opinions via our online blog ‘Clippings’ which is also distributed via an e-newsletter.
We attempt to display our products as accurately as possible, taking care to ensure all fits, styles and colours are shown on the site as realistically as possible, however, we cannot guarantee that all the colours shown on the website exactly match the actual products. If you require more information or desire to see the garment in the flesh – get in touch at hi@tobarwynandback.com.
These garments are designed in Brunswick East and produced either in Thomastown by Kaplan Group or in Brunswick by CGT. The people who have worked on the garments have shown me great support, kindness and dedication, and taught me many valuable lessons. I have no doubt they’ve both gone beyond their professional duties as manufacturers to support me and taken risks working with new fabrics, unusual styles and details. These garments are streetwear items and are not intended for intense or extended exercise. While the label has a view to eventually provide highly durable cycle-commuter garments, these garments are fashion items made from technical fabrics. With better access to local skilled technicians and more funding, the products will develop. However, the current collection, released May 2017, was made under best possible conditions and is not intended for marathons and such.
All tobarwynandback.com orders are protectively wrapped prior to posting or handing over to Momentum Messenger.
SECTION 4 - SHIPPING
We would love all of our orders to be dispatched through our mates at Momentum Messenger. It’s better for the planet, better for road congestion, better for you to receive your parcel from a local on a bike, and more often than not, you’ll get your parcel faster! For this service, we charge $10, and if your order is placed before noon, you will receive your parcel that afternoon or the following day. Unfortunately, this small business owner works a few part-time gigs and cannot always be home in the mornings to receive and dispatch orders. We will do our best to get your order to you as fast as possible. We realise cycle delivery isn’t always feasible. If you live outside these zones, we will have to dispatch your order via Australia Post. We charge $10 flat-rate shipping fee with Australia post for all Australian orders or $15 for express. Delivery times are based on their terms and can be accessed here.
If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.
SECTION 5 - INTERNATIONAL ORDERS
We will happily ship items overseas. Shipping costs range from $10-$20 for standard international postage, with a tracking code. You are also welcome to purchase insurance for your parcel. Due to varying costs between country and parcel size and weight, if you would like an item please get in touch and we will only charge you what we pay for shipping your order to you. Contact us at hi@tobarwynandback.com.
SECTION 6 - PICK UP
This option is not encouraged as we do not have an office space or 9-5 business location, and rather, operate from a bedroom between part-time gigs. However, if you would like to speak with us about a local pick-up in Melbourne, please email us at hi@tobarwynandback.com.
SECTION 7 - ORDER FULFILLMENT
Once your order has been placed you will receive an email confirmation stating the details of the transaction. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. We will endeavour to process and dispatch your order in no more than 2 business days. You will receive a follow-up email when your order has been handed over to the chosen delivery service provider, and you may receive a further email from us regarding feedback, as we are committed to improving and evolving our products.
SECTION 8 - PAYMENT METHODS
To {Barywn} and back ® displays all prices in Australian Dollars. Price includes GST unless indicated otherwise but exclude delivery charges and customers’ duty and other taxes, if applicable.
All prices are subject to change without notice.
www.tobarwynandback.com does not store or retain credit card details. We accept all major credit cards, Paypal and direct debit through Shopify.
SECTION 9 - CANCELLATIONS
If you wish to cancel or change your order please email hi@tobarwynandback.com and we will get to your order as quickly as possible. When an order has already been shipped, it cannot be cancelled.
SECTION 10 - RETURNS & EXCHANGES
In accordance with the ACCC, tobarwynandback.com does not issue refunds for ‘change of mind purchases’. However, if you believe your item has been damaged or is faulty, please email us and we will endeavour to resolve your issue.
Further, as customer satisfaction is our top priority, while we hope you are delighted with your order, if you are not perfectly satisfied with your goods we will do everything in our power to rectify the situation, on a case by case basis. Please contact us on hi@tobarwynandback.com if you have any issues with your order.
When possible, we offer an exchange for ‘incorrect size’ on full-priced items if the item is returned to use within 10 days of purchase, unused, and in original condition and packaging. Please contact hi@tobarwynandback.com as soon as possible if you would like to do this.
Please note returned items must be shipped at your expense and we cannot be held liable for missing parcels. We recommend you ship your returns to use using a registered, trackable and fully insured service. If the item is confirmed to be faulty or damaged, once we receive the return, we will issue a full refund for the item cost, including shipping costs, within 7 days of receiving the item.
Please ensure to email us before you return an item specifying why you are returning it.
If we cannot replace your return, we will provide a voucher for you to use on tobarwynandback.com to the value of your original item to use within six months.
SECTION 11 - THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other website links to or from tobarwynandback.com. Links appearing on the site are offered for convenience only and are not an endorsement by us. Your linking to other sites is at your own risk. We are in no way responsible for examining or evaluating any off-website pages, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites. It is your responsibility to carefully review all terms and conditions, and privacy policies of these off-website pages and other websites you visit.
SECTION 12 - LIMITATIONS OF LIABILITY
To {Barwyn} and back ® shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or inability to use, the materials and services on this site or the performance of any of its products.