Please read these terms and conditions (“Terms”) carefully.  The Terms, together with the Privacy Policy, govern the use of this site and apply to all purchases made from this site. By using this site and/or placing orders or submitting purchase orders from this site, you accept these Terms and the Privacy Policy as binding. 

We reserve the right to amend this site, these Terms and the Privacy Policy at any time, without notice, in which case the amended Terms and Privacy Policy will apply for all orders placed after the change has been made.

 

OUR DETAILS

Sale of goods through this website is carried out by Error404 (“us”, “we”), an Australian company with offices at 1156 St Georges Rd, Victoria, Australia registered with the Australian Business Register with Australian Business No. ABN 38 826 004 818.

 

ORDER ACCEPTANCE AND PRODUCTION TIME

We may refuse or not accept any order without giving reasons, at any time. Any money already received will be refunded if need be. Orders placed by you are irrevocable.  Receipt of any order confirmation does not signify our acceptance of your order, nor create any binding purchase contract.  We may at any time after receipt of your order accept or decline your order for any reason or make part delivery of any multiple item orders.

Most of Error404 products are made to order. The timing of the making of your garment may vary. You will be contacted if the making shall take an unusually long amount of time.

 

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products which you can order. If you do not wish to order the substitute products we will reimburse any monies that you may have paid.

 

USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:

a)    To use the website exclusively to make legitimate enquiries or orders.

b)    Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.

c)    To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).

If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

 

NO RESALE

This site is a seller to final end user customers. Goods are not to be purchased for resale in any form.

 

LIABILITY

We are not liable for any loss or damage caused by this website or any website linked to or from this website, or for any failure to accept any order or to deliver any product ordered or for late or lost delivery of any product. 

 

DELIVERY

Stated delivery times are estimates only.  We are not responsible for incorrectly entered delivery addresses.

 

DUTIES

Please note that some orders may incur a duty or customs charge. We are unable to advise this at the time of purchase.

All related duties and customs charges are to be paid by the customer.

 

WARRANTIES

Other than as specifically identified, we make no express warranties or representations as to any product. To the maximum extent possible at law, our liability under any implied warranties is limited to repair or replacement of products sold (at our option), or if this cannot be effected, a store credit will be issued of the purchase price.

 

PRICING AND PAYMENTS

Prices are subject to change without notice. All credit cards are charged in Australia Dollars and may be subject to bank fees. Prices shown on the website include VAT but do not include delivery, which is additional and as specified upon your order.

Payments are made through PayPal and AfterPay. No charge will be made to your credit card until the moment we confirm the order. By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder of it.

 

INTELLECTUAL PROPERTY

Intellectual property rights in all materials appearing on this site, including logos, graphics, icons, and images, text and site design and layout, are the sole property of Error404. All software used on the site is the sole property of Error404 or the software supplier. You may use the content of this site only for shopping on this site or placing an order on this site and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws.

 

LISTING ERRORS

In the event that a product is listed at an incorrect price or with incorrect information, we may refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your credit card charged. This clause is for clarification only and is not in limitation of our general rights to refuse to accept orders.

 

LINKS

This site may contain links to other third party sites on the Internet. We are not responsible for the operation of or content located on or through any such site.

 

INDEMNITY

You agree to indemnify and hold Error404, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the website, your violation of the Terms or other incorporated agreements or guidelines, or your violation of any rights of another.

 

MODIFICATIONS TO OUR WEBSITE

Error404 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Error404 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

 

TERMINATION

You agree that Error404 may, under certain circumstances and without prior notice, immediately terminate your purchase order. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the website. Further, you agree that all terminations for cause shall be made in Error404 sole discretion and that we shall not be liable to you or any third party for any termination of your order.

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DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the website is at your sole risk. The website is provided on an "as is" and "as available" basis. Error404 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Error404 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the website will meet your requirements; (ii) the website  will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the website will be accurate or reliable; (iv) the quality of any products, the website, information or other material purchased or obtained by you through the website will meet your expectations; and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Error404 or through or from the website shall create any warranty not expressly stated in these Terms.

 

SEVERABILITY

If any of these Terms or any incorporated agreements are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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