Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to The Clothing The Gaps. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Our Website Services

All prices are in Australian Dollars (AUD) and are inclusive of GST.

Product Descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

Packaging and postage is an additional charge, calculated at time of purchase.

When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.

All risk of loss or damage to the goods passes to you when we despatch the goods.

Order Cancellation Due To Error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited. If you have paid by direct deposit we will arrange to refund the monies to your bank account.

 

Returns and Exchanges.

Returns are eligble within 30 days from the day you receive your item. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Exchanges are subject to stock availability, we promise to always do our best for you to get what you're after.

Clothing The Gaps has the right to assess the age and condition of returned merchandise that has been purchased prior to processing a refund or exchange. Although you may try on an item, all return products must be in new and unused condition with all tags attached and intact.

We undertake to accept or reject your order within 10 days. If we have not responded to you within 10 days, your offer is deemed to be rejected.

'Free Returns' refers to Clothing The Gaps covering the return postage for approved returns and exchanges for orders within Australia. International Orders are not covered in this 'Free Returns' offering.

Refunds and Store Credit Requests

Cash refunds are only available for faulty items. Store Credit with no expiry date is issued for returns on full priced items for change of mind.

Once your return is received and inspected, and your refund request assessed, you will be notified of the approval or rejection of your refund. If a cash refund has been approved, this will be applied back to the payment method used at checkout. If a store credit has been approved, this will be applied your account. 

Returns Postage 

We offer 'Free Returns' postage for orders within Australia. We do not offer free returns for international orders.

Exclusions and Notes

Please note that some exclusions on returns and exchanges do apply (unless faulty).

Sale items 
Only regular priced items may be refunded or exchanged, unfortunately sale items cannot be refunded or exchanged for change of mind, unless faulty. Please make your selection carefully.

Exempt Products

To maintain hygiene standards, Face Coverings and Socks are not eligible for refund or exchange. 

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

Returns Process

Please begin your Return or Exchange request via our Returns Portal 


Return To Sender Orders

 We know that sometimes catching the post office can be tricky, but we really encourage you to ensure you get your conversation starter before it gets 'returned to sender'. Unfortunately, we get charged a return delivery fees for all orders that get returned to us. This means that when we reach out to you to let you know we have your order back, and to confirm your best postal address, postage will need to be paid again by the customer to ship the parcel back out. We hope you understand!

If we cannot reach you to confirm your address within 7 days, we will cancel and refund your order (minus shipping fees). We will do our best to contact you to ensure you receive your order. 

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

 Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.    

Linking our website is not permitted without our consent. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.

All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and or services again or payment of the costs of having those goods and or services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from products we have supplied.

Indemnity

 By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 10 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy page.  

SMS

TCPA Compliance:

Text Marketing and notifications:

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.



GDPR Compliance:

Text Marketing Terms and Conditions:

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions.

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

 

Short Code Version:

Text Marketing & Notifications

By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. 

We determine cart abandonment by using a cookie and checking whether the existing user has already opted in for text marketing.

Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. 

If you do not wish to be part of our service you can unsubscribe at any time by texting STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt-out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you.

When you opt-in for our service you may expect to get occasional texts concerning the latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, and Upsells.

If your device does not support MMS we will deliver an SMS instead and strip the image. The opt-out will also be delivered as a standard text message (SMS).

Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.