Terms & Conditions of Use
Please read these terms and conditions carefully before using foxandsoul.com.au (the website) to browse or buy items.
YOUR AGREEMENT
By using our website to buy or sell or browsing the website, you agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of our services and those visiting the website, without limitation.
Fox and Soul reserves the right, at its absolute discretion to ban anybody who is in violation of these Terms and Conditions or any other policies contained in the website from using the website or any of its services.
Fox and Soul reserves the right to amend these Terms and Conditions from time to time without notice to any party. All users of our services and those visiting the website are required to read and familiarise themselves with the Terms and Conditions that apply at that point in time.
ABOUT THE WEBSITE
Fox and Soul sells clothing and accessory items via its website. It is also a clothing wholesaler. We sell items that are owned by Fox and Soul and also provide third party sellers with a place to trade in or display and sell their merchandise on their behalf. Fox and Soul lists third party items for sale and will pay the third party seller a percentage of the proceeds when the goods do sell. Fox and Soul assumes ownership of all items displayed on or sold via its website except in instances where items have been designated as a consignment item or third party merchant product.
Fox and Soul is not affiliated with or endorsed by any third party designers, manufacturers, retailers or brands of the items that are for sale on Fox and Soul website.
By using our website to buy or sell or browsing the website, you agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of our services and those visiting the website, without limitation.
PERSONAL INFORMATION & PRIVACY
Fox and Soul will only use personal information in accordance with its Privacy Policy which complies with Australian Law and is available on the link below.
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
MEMBERSHIP
You cannot use any services on the website, including buying and selling items before registering as a member and creating an account. You may only register as a member if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old to register as a member. If you are under 18 and using our services, you must be under the supervision of a parent or legal guardian who is at least 18 years of age.
By registering as a member and creating an account, you confirm that all registration information you submit is accurate and truthful and that you are authorised to be bound or bind any other legal entity, such as a company or partnership, to these Terms and Conditions.
You agree that access to and use of the website is limited, non-transferable and allows for the sole use of the website by you as determined by Fox and Soul. You will not use the website or services for any illegal or unauthorised use and you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
By creating an account, you agree that you may receive communications from Fox and Soul, including, but not limited to, newsletters, promotions, special offers, account reminders and updates. You also understand that you can remove yourself from these communications by unsubscribing.
PURCHASE & SALE TRANSACTIONS
Fox and Soul sells fashion items via its website.
Unless otherwise stated, all fees and prices are quoted in Australian Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Fox and Soul, as displayed at the time of purchase, as well as all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the website. All such shipping costs and taxes that are not included in the listed price for any item made available on the website will be displayed to buyers before confirmation of any purchase.
To make a purchase via the website, you must have a valid payment method. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Fox and Soul may store and update your payment method on file.
The strikethrough price shown next to any item listed as for sale represents the recommended retail price of a comparable item of the same quality, construction and material offered by Fox and Soul or elsewhere. We aim to provide fair and accurate reference to prices but we do not guarantee or warrant that the strikethrough price is correct. We recommend that you do your price enquiry elsewhere if this is an important factor in buying an item from Fox and Soul.
The availability of items for sale and listing prices are subject to change at any time without notice. Fox and Soul reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer’s shopping cart. We strive for perfection but if an item is listed at an incorrect price or contains incorrect information we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
Fox and Soul reserves the right to cancel any promotion, discount, coupon or incentive prior to its stated expiry date without notice and at our sole discretion.
Fox and Soul does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product purchased from Fox and Soul is not as described, you should return it unused.
After you have paid for your items, Fox and Soul will issue you with a receipt to confirm that your payment has been received. We may record your purchase details for future use. By agreeing to pay for a transaction with your credit card, you authorise us to charge your credit card.
ACCOUNT INFORMATION & PASSWORD
You are responsible for all activity, liability, and damage resulting from your failure to keep your account information and password secure. You are solely responsible for any activities conducted through your account.
Your email address and password authenticate your identity as a member and Fox and Soul is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with your knowledge and permission. You agree to notify us in the event of any unauthorised use of your password or any breach of security.
Fox and Soul will not be liable for any loss or damage arising from your failure to keep your password secure. You must provide and maintain valid account and payment information such as a valid PayPal account or a valid bank account.
You may not transfer your account to any other party or allow another party to access or use your Fox and Soul account.
WARRANTY & RETURNS POLICY
Fox and Soul will replace or refund you if you purchase an item that represents a major failure or if the item does not match the description or quality strictly within 14 calendar days from the date of purchase. You will have to pay for postage to return the item to us. We DO NOT accept returns on items if you simply change your mind.
To lodge a claim under these Terms and Conditions, you must log into your account and complete the required information in the online link to the Resolution Centre.
Fox and Soul will at its sole discretion, either refund or substitute an item free of charge to you. Fox and Soul will pay for the standard delivery of the substituted item to you if your claim has been successful.
This is the only warranty offered by Fox and Soul.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
This warranty does not apply in the instance where the item has been damaged, defaced, or has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction after purchase.
COMMUNICATION
ou agree that all agreements, notices, disclosures and other communications that are provided to you electronically by Fox and Soul will satisfy any legal requirement that such communications be in writing.
RIGHT TO REFUSE SERVICE
Fox and Soul may, in its sole discretion, cancel unconfirmed or inactive accounts at any time and reserves the right to refuse service to anyone, for any reason, at any time.
LINKED SITES
The website may provide links to other websites or resources. You acknowledge and agree that Fox and Soul is not responsible for these external sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
INTELLECTUAL PROPERTY
All content on the Website, including but not limited to trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs is owned by or licensed to Fox and Soul. No-one may display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the website, and all such content is provided on an AS IS basis.
DELIVERY
Fox and Soul uses third party delivery companies to deliver items you have bought or shipping is arranged directly by a third party seller. You acknowledge that Fox and Soul is not the provider of these delivery and insurance services and only facilitates your interaction with these third-party delivery companies in respect to providing the delivery services.
If an item is lost or damaged during being delivered, you need to contact the relevant delivery company directly to request a refund or to claim on any insurance options available.
You also must contact us by sending an email to foxandsoul.au@gmail.com outlining whether the item was damaged in transit or lost. This will enable us to take steps to ensure that we use reliable third-party delivery companies.
LIMITATION OF LIABILITY
Fox and Soul will not be liable for any damages or loss of profits caused by action or omission to act whatsoever, that results from or relates to your use of or access to the website, including a third party’s visit or use of the website.
Everything on the website, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. Fox and Soul does not make any express or implied representation or warranty about the website or any items referred to on the Website. This includes (but is not restricted to) any loss or damage you may suffer due to accessing, using, purchasing or selling items via the website, regardless of the cause of such damage or loss of profits.
NO GUARANTEE
Fox and Soul does not guarantee continuous, uninterrupted access to the Website or Services.
LEGAL COMPLIANCE & TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the website and our services and you shall be responsible for paying all taxes applicable to any purchases or sales of items you make using our website.
TERMINATION OF CONTRACT
If you want to terminate your account and registration, you may do so by notifying Fox and Soul at any time and closing your by sending an email to foxandsoul.au@gmail.com
Fox and Soul may at any time terminate your account and registration if you have breached any provision of these Terms and Conditions or if we no longer provide our services to users in the country in which you are resident or if in our opinion, the services provided to you are no longer commercially viable.
INDEMNITY
You agree to defend, indemnify, and hold Fox and Soul and its affiliates, and their directors, officers, employees and agents harmless from and against all claims, demands, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from your use of its services or website or your breach of these Terms and Conditions, including any dispute with another user or claim from a third party.
GENERAL DISCLAIMERS
Fox and Soul makes no terms, guarantees, warranties, representations or conditions whatsoever regarding the items for sale other than provided for in these Terms and Conditions.
Fox and Soul. its affiliates, employees, agents and advertisers shall not be liable to you for any direct, indirect, incidental or consequential damages which may be suffered by you, however caused and under any theory of liability.
Fox and Soul is not responsible or liable for any content contained on the website or in connection with the purchasing or selling of items, regardless of its source.
You specifically agree that Fox and Soul does not provide delivery services to you and we will not be liable to you for any direct or indirect loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery service.
SEVERANCE
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
GOVERNING LAW
These Terms and Conditions are governed by the laws of Queensland, Australia.
DISPUTE RESOLUTION
If a dispute arises between Fox and Soul and any user of its services or because of anyone visiting its website for any purpose whatsoever, the party that claims the dispute must give written notice to the other party detailing the nature of the dispute and the desired outcome.
Following receipt of the dispute notice, the parties must endeavour in good faith to resolve the dispute by negotiation. If the parties are unable to resolve the dispute in this manner 30 days after receipt of the notice, the parties must either agree on the selection of a mediator or accept a mediator appointed by the President of the Australian Mediation Association.
Fees and reasonable expenses of associated with the mediation will be shared equally by the parties and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. Each party must pay their own costs associated with the mediation. The mediation will be held in Queensland, Australia.
All information and communication arising out of and in connection with this dispute resolution clause are strictly confidential and will be treated as "without prejudice" negotiations. The mediation will lapse if the dispute has not been resolved after 3 months from the date that the mediator has been appointed. Either Party may ask the mediator to terminate the mediation and the mediator must do so.
In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.