Terms and conditions of use

1. Application


The following terms (“Terms and Conditions”) apply to any and all users of the submerge website (the “Site”). All Transactions made in connection with the Site, and your use of any content or information on the Site or Product purchased through the Site is subject to these Terms and Conditions and these apply regardless of how you access the Site. You should make sure you read and agree to these Terms and Conditions before you use the Site as your Offer to Purchase any Product will indicate to us your acceptance of these Terms and Conditions. Where any other terms and conditions apply to a Product or service related to the Site, these Terms and Conditions will override any subsequent terms and conditions, unless stated otherwise. 
 

Your use of the Site indicates your understanding that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Us, our Affiliates and our (or their) licensors, and you agree to abide by these usage rules. Unless otherwise expressly stated, all capitalized terms in these Terms and Conditions have the definitions given to them in clause 2 below.
 

2. Terms of use

“Affiliate” means any third party we may enter into agreements with for the supply of goods or services for the purpose of running our business. This includes all licensors, postal and courier companies and any other third party these companies may enter into contracts or agreements with in order to fulfill their obligations under any contract or agreement made with Us.

“Offer to Purchase” means your intention to receive Product(s) from Us via the initiation of a Transaction (this is subject to review or refusal by Us and does not confirm our offer to sell to you).

 “Product” means anything available for purchase or access through the Site including goods, music, images, videos, artwork, text and other copyrightable materials.

“Site” means our website, www.submergestore.com.au.

“Terms and Conditions” refer to these terms and conditions that govern the General Pants website and its use.

“Transaction” means the purchase of any Product via the Site whereby funds are successfully debited from your account and are received or accepted by Us (subject to any request we make for further information to authorize the payment).  

“Us” means the General Pants Group, including all relevant Affiliates, subsidiaries, directors and employees (also referred to as “we” or “our” where appropriate).

 

3. Products

All rights to any Products that we make available through the Site are owned by Us, our Affiliates and/or our (or their) licensors. Subject to your compliance with these Terms and Conditions, you have a limited, revocable, non-transferrable right to use Products you purchase or access through the Site solely for your personal, non-commercial use in accordance with these Terms and Conditions and any other terms that may apply to these Products.

 

4. Transactions and your Offer to Purchase

By initiating a Transaction with Us, you represent and warrant that you:

1. Are of legal age to form a binding contract with us (18 years or older);
2. Have the legal right to make the Transaction and use the payment means selected by you; and
3. Intend to create an Offer to Purchase.

In doing so, you grant us the right to use the information submitted to us through your Offer to Purchase in accordance with our Privacy Policy, including without limitation, by providing this information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. We reserve the right to request verification of your personal or financial information prior to the acceptance of any Offer to Purchase.

 

5. Non-acceptance of Offer to Purchase

The receipt of an electronic or other form of order confirmation does not signify our acceptance of your Offer to Purchase, nor does it constitute confirmation of our offer to sell. We reserve the right to reject any Offer to Purchase made by you at any time for any reason. Non-acceptance of an Offer to Purchase may for example result from one of the following:

  • The product ordered is unavailable;
  • The payment is not authorized (see clause 6); and/or
  • The identification of a typographical error whereby the product or pricing information is incorrect in some way (see clause 8).
     

6. Authorization of payment and fraud prevention

We employ payment gateway provider eWAY and utilize anti-fraud software ReD to avoid and minimize fraudulent activity on the Site. Prior to the acceptance or non-acceptance of an Offer to Purchase made by you, we reserve the right to request additional information from you. A request for the provision of additional information may include the request for a photocopy of any photographic identification you may hold ie. A driver’s licence or passport, as well as a photocopy of the front of the card that is being used to make the purchase. We have the right to refuse an Offer to Purchase if the request for additional information is refused by you. See our Privacy Policy for further information on our anti-fraud processes and software.

 

7. Limits to a Transaction

Except to the extent prohibited by applicable law, we reserve the right with or without prior notice to:

  • Change a description, image or reference of a Product (descriptions and references to a Product do not imply our endorsement of a Product nor do they indicate our representations about the accuracy of the description or reference);
  • Limit the available quantity of any Product;
  • Honour or impose conditions on the honoring of discount code or promotion;
  • Bar any user from making any or all Transaction(s);
  • Refuse to provide any user with any Product; and/or
  • Refuse or cancel any Offer to Purchase for any reason prior to our acceptance of this offer pursuant to clauses 4 and 5.

 

8. Pricing and errors

We reserve the right to update or correct any general or product information on the Site at any time without notice. In the event that a Product is listed at an incorrect price or with incorrect information, we have the right to refuse the sale or shipment of this Product, or cancel any Offer to Purchase for the Product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase via the Site, we will inform you as soon as possible and give you the option of re-placing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you by close of the business day on which we become aware of the error, your order will be cancelled and refunded.

 

9. Charges

You are required to pay all charges incurred by you or on your behalf through the Site, at the price(s) in effect when these charges are incurred, including, without limitation, all shipping and handling charges and any applicable network charges in respect of mobile downloads. All sales through the Site are final, and all charges from those sales are non refundable, except as otherwise expressly stated in these Terms and Conditions.

 

10. Representations

The availability of Products or existence of content on the Site or Products does not warrant our endorsement of that Product or content, nor does it imply our responsibility for the accuracy or quality of that Product or information. Any slogan, text, graphic or image does not imply any representations by Us as a business regarding that slogan, text, graphic or image and does not constitute our endorsement of that information or representation. Any links to third party sites made available via the Site do not represent our endorsement of any content made available on these sites and the policing of any third party website is beyond our control.

 

11. Copyright

All content made available on or via the Site is protected by copyright, trademark and other intellectual property rights and is the property of the General Pants Group and/or our Affiliates. Copying or reproducing any intellectual property on the Site is prohibited and unlawful and may be subject to criminal charges and/or fines.

 

12. Limitation of liability

We are not liable for any loss or damage occurred by use of the Site or any other website linked to the Site, or for loss or damage incurred through the purchase of any Product made available via the Site or from any recommendation or information provided by us to you through the Site. If we breach any term, condition or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:

a)    The re-supply of goods purchased by you via the Site in respect of which the claim arises; or
b)    Payment of the amount paid by you for the goods in respect of which the claim arises.

We will not be liable for any other loss or anticipated loss or damage incurred by you however caused which arises from or in connection with your use of the Site, the contents of the Site (this includes information, pricing and all Products), or your reliance on any information or service we provide to you. We do not guarantee that your access and use of the Site will be free from any errors or viruses that may harm your software or affect the use of your computer. 

By accepting these Terms and Conditions, you indemnify Us against all legal action, loss, damage or costs incurred by you arising from your breach (or the breach of any other person accessing the Site and its contents through you) of these Terms and Conditions, your use of the Site or your reliance on the contents of the Site (this includes all information, prices and Products).

 

13. Acceptance of your Offer to Purchase and delivery of goods

We will endeavor to process Transactions within 24 hours from receipt or acceptance of payment (subject to any requests we make for further information required to authorize a payment). Once your Offer to Purchase is accepted by us, our offer to sell will be notified to you via email confirming the existence of your order and once dispatched, the shipment of your order. The shipping confirmation email allows you to track the delivery of your order via the Australia Post website (this tracking information is subject to change at any time and/or may incur typographical errors on occasion). Delivery of your order will be via Australia Post’s Express Post service. Except to the extent prohibited by applicable law, we reserve the right to change delivery options without notice.

 

14. Delivery delay

Technical and/or other problems may postpone, delay or prevent delivery of a particular Product. You should receive any Product(s) that you order within five working days of placing your order. If we anticipate a delay in delivering a Product to you, we will seek to notify you where possible by email of the delay and we will give you the option to continue with your order or request a full refund. 

While Australia Post makes every effort to deliver parcels within our delivery time frame, we cannot guarantee delivery times as these can change for reasons which are beyond our control. We will not be liable for late deliveries or any loss, damage or cost incurred due to late delivery.

 

15. Non receipt of parcel due to delivery error

In the instance where you have not received your order due to a delivery error (this includes parcels that are marked as undeliverable, missing or lost in transit articles, Australia Post sorting issues and disputed deliveries), we will, at your request, contact Australia Post to open an investigation on your behalf. This process involves Australia Post contacting their Parcel Distribution Centre and the driver who was assigned the delivery of your parcel to investigate the situation. If a resolution has not been reached 5 business days after the investigation was opened, we will re-ship your item(s) to you free of charge (where the stock is still available), or refund your order. 

Please note this does not apply to orders where the address has been submitted incorrectly at the point of checkout.

 

16. Customs and import duties

International orders may be subject to local charges. Any and all customs or import duties are charged once the parcel reaches its destination country and are to be paid for by the recipient. While we endeavour to inform you of any customs or import duties and the value limit at which duty is payable at checkout, we cannot be responsible for reimbursing any additional costs charged on delivery of an order that were not indicated prior to checkout.  

Delivery of international parcels may be delayed due to customs clearance issues and where this occurs we are not responsible for any loss or additional costs incurred as a result.

 

17. Gift card and e-voucher purchases

Gift card and e-voucher purchases cannot be refunded, cancelled or exchanged for cash. All vouchers are valid for 12 months from the date of issue and the expiry date cannot be extended or altered if the voucher is not redeemed prior to this date. Once purchased, gift cards and e-vouchers cannot be reloaded and will not be replaced if lost or stolen. For more information on the laws applying to gift cards and e-vouchers, please click here.

 

18. Survival of Terms & Conditions

Except for the licenses granted to you (if any) pursuant to these Terms and Conditions, these Terms and Conditions shall survive any termination or expiration of the Terms of Use applicable to the Site.