Terms & Conditions
Survival Streetwear provides survivalstreetwear.com (this Site) as a service to you, our customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Terms, which shall apply regardless of how you access the Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
TERMS OF SALE
By placing an Order you are offering to purchase a product on and subject to the following terms and conditions. All Orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or forces outside of our control for which we will not be responsible. In order to contract with Survival Streetwear you must be over 18 years of age and possess a valid payment source issued by a financial institution acceptable to us. Survival Streetwear retains the right to refuse any request made by you. When placing an Order you undertake that all details you provide to us are true and accurate, that you are authorised to use the source of funds used to place your Order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
OUR CONTRACT
When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your Order. 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 your payment has been approved by us and we have executed the required financial payment – e.g. debited your credit card.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you elect to cancel and you have already paid for the goods, you will receive a full refund. Where applicable, delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
COLOURS
We have done our best to display as accurately as possible the colours of the products shown on the Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Camera lighting can also make a photo of an item appear a different colour than when viewed in natural daylight.
We may from time to time offer promotional/coupon codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any promotional code will be specified at the time of issue. These T&Cs relate to all Survival Streetwear promotions, competitions and promotional codes (unless otherwise stated).
- Promotional codes cannot be redeemed for cash.
- An individual promotional code can only be used once per order.
- Promotional codes will not be resupplied if lost or stolen.
- The value of a promotional code will not be refunded if purchased items are returned.
- A promotion code can't be used after an order has been placed.
CANCELLING YOUR PURCHASE
Please see our Shipping & Returns page for policy information covering cancellations and refunds of your purchase.
FAULTY PRODUCTS
In the event that you receive a faulty Product, we recommend that you contact us at info@survivalstreetwear.com. Provided that the fault is reported within 30 days of receiving the item and you return the faulty Product to us, we will provide you with a full refund to your original payment method. Survival Streetwear reserves the right to dispute returns on the basis of faulty product claims, and by contacting us before returning the product, we can discuss and reach agreement with you on the resolution before the product is returned.
MISUSE OF THE SITE
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Cybercrime Act 2001. Survival Streetwear will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, We may choose various third-party web sites to link to from this Site. However, even if the third party is affiliated with Us, We have no control over these linked sites, all of which have separate privacy and data collection practices, independent of survivalstreetwear.com. We have no responsibility or liability for these independent policies or actions and we are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, We seek to protect the integrity of Our Website and the links placed upon it and therefore request any feedback on not only our Site, but for sites we link to as well (including if a specific link does not work).
COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY RIGHTS AND LICENSES
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Us, one of Our affiliates or by third parties who have licensed their materials to Survival Streetwear. The entire content of the Site is protected by copyright laws.
The content of the Site, and the Site as a whole, are intended solely for the personal, non-commercial use by the users of this Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to You as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site. Survival Streetwear is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Survival Streetwear.
MY ACCOUNT AND WISHLIST
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account. We reserve the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way. We reserve the right to delete Your account or wishlist at any time. In this instance Your information will not be saved and cannot be retrieved by Us.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to Us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Survival Streetwear is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
ENTIRE AGREEMENT
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Survival Streetwear. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the owners of Survival Streetwear.
LIMITATION OF LIABILITY
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
INDEMNITY
You agree to indemnify, defend, and hold us, our authorised representatives, business owners and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.