Terms and Conditions
These Terms and Conditions govern your access and use of our website (www.humxnco.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).
This Website and all content on the Website is operated and owned by Humxn Co. ABN 40 607 996 632 (‘Humxn Co.’, ‘we’, ‘us’ or ‘our’).
These Terms and Conditions are to be read in conjunction with any additional Terms and Conditions or policies we provide (collectively referred to as ‘Terms’), including but not limited to our Privacy Policy, Returns Policy and Shipping Policy. To the extent of any inconsistencies, the provisions of these Terms and Conditions apply.
By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
Amendments
Humxn Co. reserves the right to make changes to the Website and Terms at any time and without notice to you. Any such changes will only apply to orders submitted after the date on which the changes have been made. It is your responsibility to regularly check the Humxn Co. Website in case there are any changes made, including each time you purchase a Humxn Co. product. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.
Personal Information and Privacy
You warrant that any information you provide Humxn Co. is accurate, complete and up to date.
If you create a Humxn Co. account, you are responsible for maintaining the confidentiality and security of your account, including your email address and password.
Humxn Co. will handle your personal information in accordance with our Privacy Policy.
Terms of Use
You may only use the Website and the content on the Website for personal purposes unless Humxn Co. provides express written consent to your proposed use.
You agree that you will not use the Website to:
- commit or encourage a criminal offence;
- data mine;
- 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 Website;
- 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.
Product Images
While we have made every attempt to show textures, appearances and colours of our items as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Humxn Co. is not responsible for any such variations in respect of your order. However, if an item is materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.
Unless otherwise stated, any additional items and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website.
Product Availability
All orders are made subject to availability. Whilst we use our best efforts to ensure that items are available for delivery, there may be some circumstances where items are unavailable.
If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
Pricing
You will be charged in full at the time of ordering a Humxn Co. product by supplying Humxn Co. with a valid credit or debit card issued by a bank acceptable to us, using a valid PayPal account or by redeeming a Humxn Co. Gift Voucher.
Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment 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 the order is cancelled and you have already paid for the goods, you will receive a full refund. See our Returns Policy for more details.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Delivery costs may be charged in addition to the cost of the product and these are clearly displayed when ordering and are available on our Shipping Policy
Sale items and special offer terms
Where an item is:
- marked at a discounted price;
- purchased during a temporary promotion period (e.g. VIP Days, One Day sales, discount offers etc); or
- purchased using a coupon;
it is considered a Sale Item. Sale Items are treated differently than Full Priced Items under our Returns Policy (unless faulty). Please see our Returns Policy for more information.
Shipping, Delivery and Returns
Please refer to our Shipping Policy an Returns Policy for further information.
Customs and Import taxes
Although Humxn Co. is not accepting international orders currently. The following will apply when we offer international shipping. You agree that you are liable for, and will pay for, any taxes, duties, customs or import charges that may apply to your order.
Risk and Title
Risk and title in the items will pass to you upon delivery of the items.
Customer Service
We will use reasonable endeavours to respond to all emails within 48 hours. Our customer service team can be contacted at support@humxnco.com.au
Other Activities and third party websites
From time to time, Humxn Co. may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties. These events, items, services or other activities may be subject to separate terms and conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate terms and conditions.
The Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you click on a link to any third party websites you leave our Website entirely at your own risk.
Intellectual Property
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, catalogues, brochures, flyers, photographs, and other intellectual property (“the Content”) on the Website is owned, controlled by, or licensed to Humxn Co. You must not use, copy, modify, reproduce or distribute the Website or the Content without Humxn Co.’s prior written consent. You may view and print the Content on your personal computer for the sole purpose of viewing the Content and purchasing products from Humxn Co., but not for any other use, including any commercial use. You must not use any of the marks or trademarks appearing on this Website or Humxn Co.’s name without our prior written consent.
Humxn Co. garments are to be purchased for personal use only and may not be copied, re-sold or rented out without the written permission of Humxn Co. Any violation of the above may result in legal action.
Liability
Website Accuracy, Errors and Availability
While we aim to update our Website regularly, neither Humxn Co. or any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website. We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any items, information or content featured on this Website without notice.
To the maximum extent permitted by law, Humxn Co. excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.
Harmful Technologies
To the maximum extent permitted by law, Humxn Co. will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.
Consumer Law
Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, Humxn Co.’s liability for breach of such term or consumer guarantee is limited, at our option, to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods; or
- the payment of the cost of having the goods repaired.
To the extent Humxn Co.’s liability cannot be excluded, Humxn Co.’s maximum liability to you will be limited to $250 where permissible at law These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
General
Release and indemnity: You agree to release and indemnify and hold Humxn Co. and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
Waiver: Any failure by Humxn Co. at any time to enforce these Terms or any of its rights will not be a waiver of such rights, or affect the validity of these Terms.
Force majeure: Humxn Co. will not be liable to you for any loss, damage or expense caused by Humxn Co.’s failure to supply any product or perform any obligation under these Terms as a result of any matter beyond the control of Humxn Co., including, but not limited to, the inability of Humxn Co.’s normal suppliers to supply necessary materials.
Severability: If any provision of these Terms becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full force and effect.
Jurisdiction: These Terms are governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia
