Terms and conditons

Last updated: 09^th October 2022

These are the terms and conditions on which we, at Fire Wolf Apparel, supply our products to you.

Please read these terms carefully before ordering with us.  These terms tell you what you need to know about buying with us.  If you think that there might be an inaccuracy in these terms, please let us know as soon as possible.

1 . Who we are and how to contact us:

1.1  Who we are.  We are Fire Wolf Apparel Pty – a business incorporated and registered in Australia with Australian business number 83 717 678 180.

1.2 How to contact us.  You can contact us at *** TO FILL IN WHEN SORTED ***

1.3 How we may contact you.  If we have to contact you, we will send an email to the email address you provided to us during your order process. Should this contact fail, then we will contact you via the phone number that you provided to us.

2. Placing an order:

2.1 How you can place an order.  Orders are placed solely through our website.  Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information.  Please check, and even double check your order (e.g. the product(s), size(s) and delivery address) before clicking the “complete order” button or the “pay now” button to ensure that the information is up to date and correct.

2.2 Acceptance of your order.  Your order is an offer from you to us to buy the product(s) in your basket.  After you place an order, you will receive an email from us confirming that we have received it. When we acknowledge your order, we’ll also confirm your order number.  Our official acceptance of your order takes place when we email you to confirm that we’ve dispatched your product(s).  It is at this point that a contract will come into existence between you and us.  If you need to contact us about your order, you should quote the order number that we provide you.

2.3 Restrictions on placing orders.  To order our products, you must be at least 18 years old and be authorised to use the payment method, which you use to pay for the products you order. Anyone under 18 years of age must have authority from an appropriate adult.

3  Our rights to cancel your order:

3.1 If we cannot fulfil your order.  In the unlikely event that we are unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product. Where this occurs, no contract will be formed between you and us.

3.2 Suspending the supply of products.  We may have to suspend the supply of a product to you to:

3.2.1 Deal with technical problems or make minor technical changes;

3.2.2 Update the product to reflect changes in relevant laws and regulatory   requirements; and/or

3.2.3 Make changes to the product as notified by us to you.

3.3 Unusual or suspicious activity.  We provide our products for your personal use only.  We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose.  If this occurs to you and you think we’ve made an error, please get in touch with our customer service team through our online form at *** FILL IN WHEN KNOWN ***

4  Our rights to end the contract:

4.1 We may end the contract at any time if you break it.  We may end the contract for a product at any time by writing to you if:

4.1.1  You do not, within a reasonable time of us requesting for it, provide us with information that is necessary for us to provide the products to you, or

4.1.2 You do not, within a reasonable time, allow us to deliver the products to you.

4.2 Refunds.  If we end the contract in the situations set out in clause 4.1, we will refund any money that you have paid to us for products we have not yet delivered to you.

5 Your rights to end the contract:

5.1 You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the product(s), how we are performing and when you decide to end the contract, as set out below.  We’re under a legal duty to supply products that are in compliance with this contract and nothing in these terms will affect your legal rights.

5.2 If what you have bought is faulty or differs substantially from how it is described on our website you may have a legal right to a repair, replacement or refund of the product.  If you have a right to return the product, the return will be free provided you comply with the following:

5.2.1 Return the product to us within a reasonable timeframe after you have had a practical opportunity to inspect the goods; and

5.2.2 You have not disposed of, lost or destroyed the goods.

5.3 If you want to end the contract because of one of the reasons set out below, the contract will end immediately once you give us written notice, and we will refund you in full for any products which you have paid for but which have not yet been delivered to you.  The reasons are:

5.3.1 You have a legal right to end the contract because of something we have done wrong.

5.3.2 We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks.

5.3.3 We have told you about an upcoming change to the product or these terms of which you do not agree to.

5.3.4 We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.

5.3.5 We have told you that supply of the products may be significantly delayed because of events outside our control, or

5.4 In all other cases (if we are not at fault and there is no right to change your mind).  Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the products are delivered and paid for. Please contact us to let us know immediately upon your decision.

6  Our products:

6.1 What we provide.  We provide fitness and smart casual apparel for men, women and kids.

6.2 Descriptions of our products.  The pictures of our products and packaging on our website are for illustrative purposes only.  We work to ensure that colours are displayed accurately but we cannot guarantee that a device’s display of the colours exactly reflects those of our products.

7 Price and payment:

9.1 Where to find the price for the product.  The price of the product (which includes indirect tax (being a goods and services tax (GST), a value added tax, (VAT) a consumption tax or a tax of a similar kind) charges where applicable) will be the price indicated on the order pages when you placed your order.  We take care to ensure that the price of the product advised to you is correct.

7.2 We will pass on changes in the rate of indirect tax.  If the rate of indirect tax changes between your order date and the date we supply the product, we’ll adjust the rate of indirect tax that you pay, unless you have already paid for the product in full before the change in the rate of indirect tax takes effect.

7.3 We may change the price of our products.  Sometimes we need to make changes to the price of some of our products.  When this happens, we’ll update the prices on our website.  If you placed your order for a product before the price change, the price will be as stated on our website at the time when you placed your order.

7.4 When you must pay and how you must pay.  We accept payment by Visa, Mastercard, American Express, PayPal and Apple Pay.  We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.

8 Delivery:

8.1 When we will provide the products.  When we deliver the products to you will depend on the delivery method you select during the order process, please refer to our delivery timings here: *** ADD LINK TO DELEVERY TIMINGS PAGE *** If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.

8.2 Delivery destinations.  Unfortunately, we do not currently ship to the following countries *** ADD LINK TO THE NONE DELIVERABLE COUNTRIES ***

8.3 Delivery costs.  All the information about our delivery charges can be found here: *** ADD LINK TO THE DELIVERY COST PAGE ***

8.4 Additional charges.  Any customs, duties or additional charges, which apply to your order, (if your order is delivered outside of the Australia, for example) will be your responsibility and are not included in the delivery costs.

8.5 We are not responsible for delays outside of our control.  If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible.  If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but have not yet received.

8.6 If you are not available when the product is delivered.  If no one is able to take delivery and the products cannot be posted through your letterbox, the postal services/courier will generally notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.  However, this may be subject to how the postal services/courier operates in your particular delivery location.

9 Returns and Refunds:

9.1 Tell us that you want to end the contract.  To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through our online form at ** ADD ONLINE CONTACT FORM TO WEBSITE ** or via any of the other options on our website.  Please provide your name, delivery address, order number and email address so we can help you quickly and easily.

9.2 Returning products after ending the contract.  If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us.  The process for returning products to us is set out in our Returns Policy.  Visit our Returns Portal at ** ADD FIRE WOLF/RETURNS LINK **, enter the required information (including details of the product(s) you are returning and the reason(s) for the return) and follow the relevant instructions including (if specified) printing a returns label.  Unless stated otherwise on our website, please make sure that the products are returned to us within 30 days.

9.3 How and when we will refund you.  We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment.  If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount, which you received when buying the product.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you.

10 Our responsibility for loss or damage suffered by you:

10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so (including under clauses 10.3, 10.4 and 10.5).  This may include liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of acceptable quality; fit for their intended purpose; be supplied to you with clear title; and supplied with reasonable skill and care).

10.2 Where you are a customer receiving the product within Australia, you may have additional rights under the Australian Consumer Law. We acknowledge that you may have certain rights under the Australian Consumer Law in respect of the consumer guarantees (which are set out in Division 1 of Part 3-2 of the Australian Consumer Law).

10.3 Where you are a customer receiving the product within New Zealand, you may have additional rights under the Consumer Guarantees Act 1993 (CGA).  We acknowledge that where you are a consumer and are not acquiring our goods in “trade” (as that term is defined in the CGA) nothing in these terms excludes or limits any rights or guarantees you have under the CGA and these terms shall be read subject to the CGA.

10.4 Where you are in trade and acquiring the goods in trade within New Zealand some provisions of the CGA will not apply.  Where you are in “trade” and acquiring the goods in “trade” (as that term is defined in the CGA) in New Zealand, you acknowledge and agree that the provisions of the CGA will not apply to these terms or the goods provided by us under these terms and it is fair and reasonable to be bound by this provision.

11 How we may use your personal information:

11.1 How we may use your personal information.  We will only use your personal information as set out in our Privacy Notice.  You can read it here: ** INSERT PRIVACY NOTICE LINK **

12 Other important terms:

12.1 You need our consent to transfer your rights to someone else.  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12.2        Nobody else has any rights under this contract.  This contract is between you and us.  No other person shall have any rights to enforce any of its terms.

12.3 We may change these terms at any time.  We may make changes to these terms at any time to reflect changes in the law or for any other reason.  The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website. If you are unhappy with the change of terms, you may contact us to end the contract within seven days of us telling you about the changes and we will refund you any payments you have made in advance for products not provided.

12.4 If a court finds part of this contract illegal, the rest will continue in force.  Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5 Even if we delay in enforcing this contract, we can still enforce it later.  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.6 Which laws apply to this contract and where you may bring legal proceedings?  Where you receive our products in:

12.7.1 Australia: the law governing these terms will be the laws of Victoria, Australia and you may either submit to the nonexclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these terms;

12.7.2 New Zealand: the law governing these terms will be the laws of New Zealand and you irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or in connection with these terms.

12.8 Alternative dispute resolution.  Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may wish to contact the alternative dispute resolution provider we use – just contact us for more details.