Thank you for visiting our website. This website is owned and operated by The Unnamed 144 964 766 49. By browsing, accessing and/or using this website and ordering a Product, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://theunnamed.com.au/pages/terms-conditions) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. In these Terms, 'us', 'we' and 'our' means The Unnamed.
1. Registration
1.1 You may need to be a registered member to make orders on our website.
1.2 When you register and activate your account, you will provide us with personal information such as your name and email address, telephone number and postage address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy here https://theunnamed.com.au/pages/terms-conditions.
1.3 When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
1.4 If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
1.5 We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
2. Collection Notice
2.1 We collect personal information about you in order to respond to your enquiry, process your registration and for purposes otherwise set out in our Privacy Policy at https://theunnamed.com.au/pages/privacy-policy
2.2 We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia.
2.3 Our Privacy Policy explains:
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
- how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at hello@theunnamed.com.au.
2.4 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Accuracy, completeness and timeliness of information
3.1 The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
3.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
3.3 We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. Promotions and competitors
4.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
5. Purchases and orders
5.1 In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
5.2 When making a Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
5.3 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any unless otherwise stated all charges are in Australian Dollars.
5.4 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
5.5 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact The Unnamed at hello@theunnamed.com.au immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
5.6 When you place an Order, you will receive from us a Confirmation of Order by email. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
5.7 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
6. Delivery
6.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
6.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.3 We will aim to leave the Order at the address advised by you at the time of purchase. If the delivery company deems the area unsafe your Order will be redirected to a collection point, where available redelivered in the next delivery run or returned back to our Fulfillment Centre.
6.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
6.4.1 charge you for our reasonable storage fee and other costs reasonably incurred by us; or
6.4.2 no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
6.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
6.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
6.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
7. Cancellation
7.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
7.2 If you wish to cancel your order, please contact The Unnamed at hello@theunnamed.com.au. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and returns are only availble in line with the Returns Policy specified in clause 8.
8.0 Returns Policy
8.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact hello@theunnamed.com.au as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
8.2 In addition to your rights in relation to defective Products in clause 8.1, you can return any Product:
8.3 Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 8.1 or 8.2, we will, at your request:
8.4 However, we will not be able to refund any delivery fees that you have paid at purchase to have the Product shipped to you or returned to us. If the return, in our reasonable opinion, is not in compliance with clause 8.1, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us.
8.5 Nothing in this clause is intended to exclude any rights in clause 5 or any of your statutory rights as a consumer under Australian Consumer Law.
9.0 Linked sites
9.1 Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
10. Intellectual property rights
10.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
10.2 Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
10.3 Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
10.4 All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
11. No commercial use
11.1 This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
12. Unacceptable activity
12.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
12.2 If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
13. Warranties and disclaimers
13.1 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
13.2 We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14. Liability
14.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
15. Jurisdiction and governing law
15.1 Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.