Overview
This website is operated by Hollowell (ABN 98 645 145 410), trading as Hollowell Clothing. Throughout the site, the terms we, us and our refer to Hollowell. By visiting our site or purchasing from us, you engage in our Service and agree to be bound by these Terms of Service, including the additional policies referenced here.
Please read these Terms carefully before using our website. If you do not agree to them, you should not use the site. Any new features or tools added to the store are also subject to these Terms. We may update or replace any part of these Terms by posting changes to this page, and your continued use of the site constitutes acceptance of those changes.
1. Online store terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your State or Territory of residence, or that you have given consent for a minor dependent in your care to use this site.
You may not use our products for any unlawful purpose, or use the Service in a way that breaches any law that applies to you. You must not transmit any malicious code. A breach of these Terms may result in immediate termination of your access to our Services.
2. General conditions
We reserve the right to refuse service to anyone at any time. You agree not to reproduce, duplicate, copy, sell or exploit any part of the Service without our express written permission. Payment card information is encrypted during transmission. Other content you submit may be transferred unencrypted across networks and adapted to technical requirements of connecting networks or devices.
3. Accuracy of information
Material on this site is provided for general information only. We are not obliged to update information on the site, though we may modify its contents at any time. Any reliance on the material here is at your own risk.
4. Prices and modifications to the Service
Prices for our products may change without notice. We may modify or discontinue the Service, or any part of it, at any time. Nothing in this clause limits your rights under the Australian Consumer Law in respect of goods you have already purchased.
5. Products
Some products may be available exclusively online and in limited quantities. Returns and exchanges are handled in accordance with our Returns and Refunds policy.
We have made every effort to display the colours and images of our products as accurately as possible, but we cannot guarantee that the display on your screen will be accurate. We may limit sales of our products to any person, geographic region or jurisdiction, and may limit the quantity of any product ordered.
6. Billing and account information
We reserve the right to refuse or cancel any order, and to limit quantities purchased per person, household or order. If we change or cancel an order, we may contact you using the email address, billing address or phone number provided at the time of the order.
You agree to provide current, complete and accurate purchase and account information, and to keep it up to date so we can complete your transactions and contact you as needed.
7. Third-party links and tools
Our site may contain links to third-party websites or make third-party tools available. We do not control these and are not responsible for their content, accuracy or practices. Use of third-party tools is at your own risk, and you should review the terms of the relevant provider. Complaints about third-party products should be directed to that third party.
8. User comments and submissions
If you send us comments, ideas, suggestions or other materials, whether requested or not, you agree that we may edit, copy, publish, distribute and otherwise use them without restriction. We are under no obligation to keep them confidential, to pay compensation for them, or to respond to them.
You agree that your comments will not infringe the rights of any third party, and will not be unlawful, abusive, defamatory or obscene. You must not use a false email address or misrepresent who you are. You are responsible for the comments you make.
9. Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
10. Errors, inaccuracies and omissions
Occasionally information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors and to update information or cancel orders where information was inaccurate, including after you have submitted an order. Where we cancel an order you have already paid for, we will refund you.
11. Prohibited uses
You are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform unlawful acts; to breach any regulation, rule or law; to infringe our intellectual property rights or those of others; to harass, abuse, defame, intimidate or discriminate; to submit false or misleading information; to upload malicious code; to collect or track the personal information of others; to spam, phish, crawl or scrape; for any obscene or immoral purpose; or to interfere with the security features of the Service. We may terminate your use of the Service for breaching any of these.
12. Your rights under the Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law. Where those rights apply, they take precedence over anything in the sections below.
13. Disclaimer and limitation of liability
Subject to section 12, we do not guarantee that your use of our service will be uninterrupted, timely, secure or error free, or that the results obtained from it will be accurate or reliable.
Subject to section 12, and to the maximum extent permitted by law, our products and services are provided as is and as available, without warranties or conditions of any kind. To the maximum extent permitted by law, Hollowell and its directors, officers, employees, agents, contractors and suppliers will not be liable for any injury, loss or claim, or any indirect, incidental, special or consequential damages of any kind arising from your use of the service or any product purchased through it. Where our liability cannot be excluded, it is limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify and hold harmless Hollowell and its officers, directors, agents, contractors, service providers and employees from any claim or demand, including reasonable legal fees, made by a third party arising out of your breach of these Terms or your violation of any law or the rights of a third party.
15. Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed to the minimum extent necessary and will not affect the validity of the remaining provisions.
16. Termination
These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by ceasing to use our site. If we consider that you have failed to comply with any provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to the date of termination.
17. Entire agreement
These Terms, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service. Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.
18. Governing law
These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.
19. Changes to these Terms
You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of them by posting changes to our website. It is your responsibility to check this page periodically. Your continued use of the site following any changes constitutes acceptance of those changes.
20. Contact
Questions about these Terms of Service can be sent to [email protected].