Terms and Conditions of Sale

Acceptance of Terms
The services and products offered to you by Estowear Pty Ltd (hereafter referred to as ‘Estowear’), are subject to the following Terms & Conditions. These Terms & Conditions may be updated at any time by Estowear without notice, other than by an amended Terms & Conditions being contained and published upon this website. It is your responsibility to check for any amendments to these Terms & Conditions. By accessing or using this site in any manner, you agree to abide by the following Terms & Conditions.
Authority
By using this website and its associated services and/or products, you confirm that you are at least 18 years of age or - if you are under 18 years of age - you have the consent of a parent or guardian. All users must be legally competent to enter into the terms of service, conditions and warranties contained herein.
Invalidity or Unenforceability of Terms & Conditions and Terms of Sale
If any of the provisions, words, sentences or interpretations contained within the Terms & Conditions and Terms of Sale are found by a competent court or tribunal to be invalid or unenforceable, then that provision, word, sentence or interpretation only shall be deleted and the remainder of the Terms & Conditions and Terms of Sale shall continue to be binding on both Estowear and you.
Jurisdiction
These Terms & Conditions shall be governed by the law of the State of New South Wales and the Commonwealth of Australia respectively.
Description of Service
Estowear provides apparel, headwear and general fashion accessories, as well as other information and various services which may concern - but are not limited to only concerning - apparel, headwear and general fashion accessories.
Communication
Estowear reserves the right to communicate with you electronically (via email), by telephone or by any other means considered appropriate. By accepting these Terms & Conditions, you agree to receive communication electronically (via email) for information including agreements, disclosures, notices or any other communication which Estowear believes may be of benefit to you or your business.

Acceptable Use of This Site and Products & Services
You agree that your use of this site and any products and services which Estowear may provide you with - whether by Estowear directly or indirectly - will be in a manner that abides by all applicable laws and regulations. Additionally, you agree not to engage in activity using our products or services that in any way:

7.1	is unlawful, threatening, abusive, harassing, slanderous, violent, invasive of privacy, offensive to ethnic or minority groups, pornographic or in any way harmful to minors.
7.2	is an infringement of patents, trademarks, copyrights, trade secrets, or any other intellectual property rights.
7.3	advocates unacceptable community behaviour or criminal activity.
7.4	is fraudulent or deceptive.
7.5	transmits software viruses, worms, Trojan horses or any other material which may damage, disrupt, survey, or impair the functioning of any hardware, software, server, communication system, or computer related peripherals.
7.6	creates a false identity, which is specifically designed to mislead or induce others to engage in any activity, conduct, or acceptance of any service or product or any other agreement.

Intellectual Property
Estowear may terminate any provision of products and services where copyright infringement is found to have been caused by you, either directly or indirectly. You agree to ensure that any information or content requests are original and free from any third party copyright or trademark protection or have obtained written permission from the IP owner for its use.
Limitation of Liability
You agree that Estowear, its subsidiaries, officers, employees and any agent contracted by Estowear shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damage for loss of profits, goodwill, use, data, or any other intangible losses. Such limitation of liability shall apply whether the damages arise from the use or inability to use the services and products of Estowear, reliance on Estowear services, or from the interruption, suspension or termination of Estowear services (including any damage incurred by any other third party). This limitation shall also apply to any costs of procurement of substituted services or products. You agree that Estowear shall, under no circumstances, be liable for any delay or any performance failure by whatever means which results - whether directly or indirectly - from acts of nature, forces or causes which are beyond the reasonable control of Estowear, including without limitation to internet failures, computer failure, telecommunication failure, equipment failure of any kind, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour and/or materials, floods, fires, explosions, storms, illness, accidents, acts of God, government action, war, orders of domestic or foreign courts and tribunals, and the non-performance of any third party. You agree that at no time shall Estowear be liable to any more than a refund of any monies paid by you or your company.
Tort Claims
You agree that you waive all and any tort claims that arise through any act or omission against Estowear, its subsidiaries, its officers, employees and any contracted agents now or at any time within eight years of the date of your last dealings with Estowear. The relationship between you and Estowear shall be contractual in nature only.
Indemnification
You agree to defend, indemnify and hold harmless Estowear, its directors, officers, employees, or contracted agents from and against all claims and expenses, including legal fees that may arise from or be the result of any product, information or service which is provided upon your website or electronic database.
Negative Comments / Slander
You agree not to engage in any negative comments or slander regarding Estowear or any person associated with Estowear, including but not limited to, publishing, or causing to be published, complaints or any derogatory comments related directly or indirectly to Estowear or any person associated with Estowear in any format, including but not limited to, print, newspapers, television, radio or on any internet website, including but not limited to, Facebook, twitter, blogs, feedback pages, or any internet communication forum whether private or public. Should there be a breach of this condition, you agree that Estowear shall be entitled to liquidated damages at a rate which will be decided upon for any perceived or real loss to commercial activity, for each and every posting and day or days that the posting remains active and visible to any person. Estowear shall also be entitled to litigate the breach of this condition and obtain financial damages and any injunctive reliefs found to be necessary.

Estowear Employees & Contractors
You agree that at no time shall you or any member, employee, or agent of your company or business approach, communicate with or discuss with any employee or contractor of Estowear any matter with the intention of having that employee or contractor provide your business with services or products, which are not processed through Estowear. You agree that you shall not offer employment of any kind to employees or contractors of Estowear. Any breach of this condition may at the discretion of Estowear result in:

13.1	automatic cancellation of products or services being provided to you now or at any time in the future.
13.2	a financial penalty being imposed upon you for a sum determined by Estowear, which reflects the economical and physical loss, including reasonable future loss, suffered by Estowear for your unauthorised use of human resources associated with Estowear.

Purchase of Estowear Products and Services
Purchase of Estowear Products and Services shall be subjected to the terms and conditions of sale below mentioned:

14.1	A contract of sale of any product or service shall only be entered into when Estowear formally accepts an oral or written order, electronic or otherwise, from you.
14.2	Estowear may refuse to sell or supply any product or service before or during the performance of any contract between Estowear and you. Any refusal will be identified to you in writing, unless prevented by any law or reasonable request made on or on behalf of any law enforcement or government agency.
14.3	Any request for a variation or cancelation of an order for products or services provided by Estowear shall be made in writing by you and approval for the alteration or cancellation shall be at the discretion of Estowear.
14.4	The price of products and services provided by or on behalf of Estowear shall be the sum of:
	14.4.1	The price of the products or services as quoted by Estowear, or, if no quote has been provided, the price which is considered by Estowear to be fair market value at the time of delivery of the product or service to you.
	14.4.2	Any taxes or surcharges, which are payable in relation to the product or service.
	14.4.3	Any storage, transmission, freight, courier, or other costs which relate specifically and directly to the delivery of the product or service to you.
14.5	All products and services shall be paid for before delivery unless prior agreement has been received from Estowear.
14.6	You shall not deduct any sum from the due amount on any invoice provided to you by Estowear for any reason whatsoever.
14.7	Delivery of products and services shall be delivered to you at an address, whether physical or electronic, which you shall provide to Estowear at the time of entering into any contract with Estowear.
14.8	If Estowear is directed by you to deliver products and services to a physical address the following shall apply:
	14.8.1	The invoice and/or delivery docket provided by Estowear shall be conclusive evidence that the product or service as requested by you has been delivered in full.
	14.8.2	You shall be present at the agreed date and time of delivery. If delivery is delayed for some unforseen circumstance you agree to be present at the time and date which delivery is anticipated and advised to you. Should you or an agent approved by you in writing not be present at the time and place of delivery then the products or services may be unloaded at the most accessible entry point and Estowear shall not be responsible or liable for any loss which may occur.
	14.8.3	Estowear reserves the right to charge additional costs for delivery charges incurred by Estowear for delivering any product or service to you.
	14.8.4	Upon delivery you shall immediately inspect the product or service and provide written notice within 14 days from the date of delivery of any irregularity in quantity or description of any defects. If written notice is not received by you within 14 days, delivery of the product or services shall be deemed to be complete without issue.
	14.8.5	Should Estowear provide you with credit for any product or service as a result of the application of 12.8.5 then the credit shall be for the purchase price less any delivery, handling, or storage costs.
14.9	Risk in any product or service passes from Estowear to you upon delivery. Notwithstanding the passing of that risk:
	14.9.1	All products delivered by Estowear to you remain the property of Estowear until any and all monies owing by you to Estowear have been paid in full. You shall upon demand return any product or service which has not been paid for in full within three business days.

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