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Terms & Conditions – Online Subscription 

Definitions

‘Gumnuts or Gumnut’ means the value attributable to each Item and is our form of (non-monetary) currency used to rent Items from the Gumnut Trade’s Wardrobe.

‘Gumnut Trade’s Wardrobe means the online marketplace which lists and describes the Items made available for subscribers to rent.

‘Items’ means the clothes and other similar such items which are made available to rent on the Gumnut Trade’s Wardrobe.

‘us’ means The Gumnut Trade Pty Ltd.

‘you’ means the subscriber.

Our Contract

  • When choosing a subscription tier via our website and you click through to proceed to pay for the subscription tier you will receive an acknowledgement e-mail confirming receipt of your initial subscription order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract will not be formed until we send you confirmation by e-mail that your order for subscription tier level is accepted and the Gumnuts appear in your account in your profile on the thegumnuttrade.com.au member portal.
  • Subsequently, the contract will then continue until your subscription is terminated in accordance with these terms & conditions.

Subscriptions & Gumnuts

There are 3 subscription tiers which we offer and are identified as follows:

  • Puggle Pouch – 100 Gumnuts
  • Joey Pouch – 150 Gumnuts
  • Wombat Pouch 200 Gumnuts

Each subscription tier receives:

  • Unlimited Item exchanges (excluding postage);
  • Laundry of Items;
  • Insurance against stains and general wear and tear; and

Each subscription tier will entitle you to, and will cause you to be issued a number of Gumnuts, subject to a successful payment being received by us in advance. When using our website to apply for a subscription you will be required to select which subscription tier you are applying for.

Each subscription tier is a continual month-by-month membership until the subscription is terminated in accordance with the provisions of this agreement. Payment will be processed each month for your subscription, upon each exchange (except for the first), for late fees and for damaged or lost Items in accordance with clause 4.

Each item of clothing available to rent on the Gumnut Trade’s Wardrobe is worth a particular Gumnut value. As part of your subscription, you are entitled to use the Gumnuts issued to you to rent the Items listed on the Gumnut Trade’s Wardrobe.

Any Gumnuts that are not used in an order will remain in your account ready to use at any stage, so long as your subscription is current and your subscription payments are paid and up to date. If you are late on a subscription payment your Gumnuts will be frozen and not able to be used until the payment is paid.

The Items contained in the Gumnut Trade’s Wardrobe are categorised as follows:

  • Brand New – clothing which has never been worn and is new.
  • Lightly Worn – clothing that has been worn and in good condition with no blemishes
  • Well Loved – clothing that has been worn and in a moderate condition with minor blemishes/ repair work

The subscription tiers are subject to change in price, Gumnuts attributed and the number of Items included in subscription. If we make a change to the subscription(s) in this regard we will provide you with 2 months’ notice of the change before the change will be implemented.

The Gumnut value attributable to each Item in the Gumnut Trade’s Wardrobe are subject to change

Exchanges, Postage & Late Fee

  • All Items are able to be returned and exchanged at any time.
  • There is no limit on the number of Item exchanges you can make.
  • Every exchange will incur an exchange postage fee.
  • The exchange process which must be adhered to is outlined as follows:
    • to exchange Items you must login to your account on our website and select the Items which you want to return. Once you select and finalise the Items you wish to return, the Gumnuts attributable to those Items will appear in your account;
    • you can now use those Gumnuts and any other Gumnuts in your account to select new Items to be sent to you;
    • once finalised, the new Items will be posted to you with a return post pouch;
    • you must use that return post pouch to send back the return Items on or before business days;
  • If the return Items referred to above are not returned on or before 10 business days, we reserve the right to charge you a late fee which we will process on your debit/credit card;
  • Any late fee charged pursuant to this agreement will be calculated at a rate of $5.00 per day per item until the total value of the Item (as bought new) is reached.

Payment & Payment Failure

  • If a subscription payment is dishonored for any reason, you will be notified via email and requested to update your card details.
  • All Gumnuts in your account will be frozen until payment is successfully processed.
  • We will continue to attempt to process payment in the days following the dishonored subscription payment. If the subscription payment remains unpaid for a period of 14 days or more we reserve the right to terminate your subscription and will invoke the conditions of clause 6 of this agreement.

Cancelling & Termination of Your Subscription

  • You may elect to cancel your subscription at any stage for convenience by cancelling your subscription in your account on our website.
  • Upon termination of your subscription by either party:
    • you are required to immediately return all Items sent to you under your subscription;
    • your subscription fee payment will continue until all Items are successfully returned to us; and
    • all of the Gumnuts in your account will be removed.
  • Upon the return of all Items your subscription fee payment will cease and your account will be closed.
  • If the Items are not returned to us within 10 business days we reserve the right to charge you a late fee in accordance with clause 4.
  • If after cancelling you wish to re-subscribe you will need to signup and recommence the process on via our website gumnuttrade.com.au. Upon recommencing the process, we request that you update any your information that may have changed.

Delivery of Items

  • Non delivery of Items must be reported to us as soon as possible.
  • All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by a 3PL and tracking will be provided in most circumstances.
  • While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

Damage to Items

  • All Items are insured to protect against general fair wear and tear.
  • If the Items are damaged to an extent that is not, in our opinion, to be fair wear and tear, you will be required to pay for the damaged Item. Examples of damage which is not considered fair wear and tear are large bleach stains, rips, tears, holes, fraying and other unremovable stains (Damaged Items).
  • If Damaged Items are returned to us, you will be notified via email and your nominated payment method will be charged. The amount charged for the replacement of damaged items will depend on the condition of the item when it was shipped to you and is outlined as follows:
    • if the item was brand new the replacement cost is 100% of RRP;
    • if the item was lightly worn the replace cost will be 75% of RRP; and
    • if the item was well loved the replacement cost will be 50% of RRO.

Limitation on Claims

  • We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
  • We have no liability to the extent that a failure of the Items is attributable to any act or omission on your part.
  • Our liability for failure to comply with a consumer guarantee is limited to the replacement of the Items or the supply of equivalent Items (or the payment of the cost of the replacement or supply); and
  • Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
  • In all other respects, our total liability for loss or damage of every kind, whether arising in another way out of or in relation to the supply of the Items, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the Items.
  • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

Indemnity

  • You agree to indemnify us on a continuing basis and on a full indemnity basis:
    • from and against any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by you in respect of the Items to any person; and
    • from and against all recovery costs required to recover payment of any payment obligation required to be made by you pursuant to this contract, including but not limited to, legal and accounting costs.
  • This indemnity survives termination of this agreement by either party for any reason.

Warranty disclaimer

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

Intellectual property

  • Any intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property (“IP”) remain the property of the owner of the IP, whether registered or otherwise.
  • Nothing under this agreement confers a licence or assignment of any IP from one party to the other.

Title in the Items & Lost Items

Waiver

  • Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

  • The above terms, as well as our Website Terms of Use and Website Privacy Policy constitute the entire agreement of the parties, and supersede any and all preceding and contemporaneous agreements between you and us.

Governing law

  • These terms of service are governed by the laws in force in the State of Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

 

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