Overview

These terms and conditions set out the legal terms to apply to your use of our website 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 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 fulfilment

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 BARWYN 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.

Section 1 - Introduction

to {Barwyn} and back ® collects customer information in an effort to enhance and personalise your shopping experience, and communicate with you about your orders or enquiries, and our offers, products and services.

We’re committed to keeping your information private, and complying to the Privacy Act 1993 and the Australian Privacy Principles, and therefore we composed this Privacy Policy for the purpose of communicating the following; the type of information we collect, how we collect and store it, how we use it, if we disclose it to anyone, and information about cookies and other tracking tech.

We hope to be clear in our explanation, however if you have any questions after reading please contact us on hi@tobarwynandback.com.

The privacy policy (“Privacy Policy”) described below covers the entire to {Barwyn} and back ® website (“the Site”, “we”, “us”, or “our”). Phrases such as “you”, “your” and other similar expressions refer to our customers, or the specific users of this Site.

By visiting and using this Site, you accept the practices described in this Privacy Policy. It is at our sole discretion to modify this Policy to better serve our customers.

Please check frequently for current and updated policies.

Section 2 - Visitors

You may access and explore this website and all content contained on it without providing any personal information.

Section 3 - Information we collect

When you place an order or subscribe to the mailing list, to {Barwyn} and back ® collects your personal information. This information generally includes your email address, postal address, name and if you are making a purchase or pre-order, we may collect your payment information (credit card numbers and bank accounts). Please not however, that your payment details for online purchases are not handled or stored by us, they are captured and used directly by third party providers, including Paypal, and only these entities see your card details.

Section 4 - How we collect the info

The information that we collect will be stored online via a Shopify database, and backed up physically via an internal tBab harddrive.

We use cookies, Google Analytics, and Shopify Analytics tools to collect information about traffic patterns and site use, to help us improve the design of our website, the products we make and services we offer.

As you navigate our site, your preferences are remembered through the temporary use of “session” cookies. These enable our system to gather information about your browser as well as monitor the patterns you take while on the site. You have the option to accept or disable cookies at any time through your browser. Please note, if you disable your cookies, your user experience may be limited.

Analytics programs assist us to understand patterns and trends related to our products, such as where traffic is coming from, navigation, drop off points, and global location of users. However, this collected data does not personally identify specific Site users. We do not pass on this information to any third-parties.

At to Barwyn and back ® we understand that we must maintain and use customer information responsibly.

Section 5 - How we use the information we collect

We will use your information online to process and fulfill your order. Additionally, we may use your information to contact you regarding an order, or if you have subscribed to the e-newletter, to send you this. You may, at any time, unsubscribe to these via a link at the bottom of the email. We will not disclose this information to anyone, and promise not to spam, or sell or rent your information to other parties.

Additionally, we maintain a record of your purchase history and correspondence that might enable us to improve your shopping experience.

We do not share this information with any third parties, other than for the purpose of processing orders, or to provide our messenger service to contact you for a delivery. While we will take all reasonable care to keep the details of your order secure, to Barwyn and back cannot be help liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.

Please note: You are not required to submit any information to our site. However, without providing the requested information you may not be able to access some of the services we provide on the Site such as purchasing products.

Section 6 - Social networking

In engaging with tBab via social networks, you are subscribing to the policies of each respective network (ie. Facebook, Instagram) and their cookies and data they collect via this engagement is out of our hands and separate to your use of this site. You can access these policies and setting through each relevant social network.

Section 7 - Links to other websites

You may click a link in various sections of our site that connect you to other websites for information, further reading, shipping companies we use etc.. When you leave out site, you enter into other policies held by respective sites. Please not that we do not have any control over these and cannot be held responsible for the protection of information you share with these sites.

How you can access this info / how you can contact us

If you have any amendments or require access to your personal information, or unsubscribe from our mailing list, please contact us at hi@tobarwynandback.com. Please also contact us at this address if you would like to complain about a breach of the Australian Privacy Policy and we will correct this immediately.