Terms and Conditions

Terms and Conditions for Access to and the Purchase of Products from this Website.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY APPLY TO ALL OF OUR WEBSITE CONTENT, COPYRIGHT MATERIAL AND OTHER INFORMATION AND LINKS ON THIS WEBSITE (“MATERIAL”) AND PRODUCTS AND SERVICES WHICH YOU (AS THE WEBSITE USER) CHOSE TO ACCESS AND/OR PURCHASE FROM US (ELSEWEAR23 PTY LTD ACN 133 296 983, HEREAFTER “JAXX” and/or “US”) TO USE. THESE TERMS AND CONDITIONS WILL FORM THE AGREEMENT BETWEEN US.

BY CONTINUING TO USE THIS WEBSITE, WHETHER OR NOT YOU CHOOSE TO PURCHASE GOODS OR SERVICES OR (AS APPLICABLE) A LICENSE TO USE ANY MATERIAL, YOU AUTOMATICALLY CONSENT AND AGREE TO BE BOUND AS THE USER/PURCHASER OR BIND YOUR EMPLOYER/ORGANISATION AS THE USER/PURCHASER THAT YOU WARRANT TO BE AUTHORISED TO REPRESENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ORGANISATION OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT, DO NOT PROCEED.  IF YOU PROCEED, PLEASE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.   

Purchasing Procedure

1. You may offer to purchase any Product from this website for the price specified only if you are of the age and capacity to make a legally binding contract for such Product. All orders are solely upon these terms and conditions.

2. Your offer must be made on our website order page and contain all your proper contact names, addresses (billing and delivery), debit/credit card payment details as well as any other information that will be required in the order form.

3. We will advise you as soon as possible if we accept or reject your offer, or if the offer is pending if the Product is out of stock. We give no warranty as to the availability of stock.

4. All accepted orders will be processed as soon as possible and delivery made in the manner specified in the order form or as otherwise notified to you.

5. Risk of loss or damage to the Product passes to you as soon as we take payment for your order, which will be notified to you by email, but no title to the Product passes until payment is received by us in full (without refund) from the credit card processing provider.

6. We, at our sole option and without giving reason, may reject your order for any reason. If we reject your order then neither you nor us will be under any further obligation or liability to the other. Your order will be deemed rejected if you do not receive any notification from us within 14 days.

Product Repair/Returns Policy

1. Where the Product has been purchased from our own website and does not conform substantially with the description on our website, has not been opened (if a sealed Product) or used and is returned within 14 days then our entire liability is to issue a store credit or exchange to the value paid by you upon safe return of the Product to us.

2. If the Product is faulty upon arrival, then please follow the repair/returns policy on our website.

3. Our liability for faulty Product is limited to one or more of the following which we will decide at our sole option, depending on the nature of the fault: (i) repair and return of the Product; (ii) replacement of the Product or supply of an equivalent replacement; (iii) payment to have the Product repaired at your location; or (iv) refund the price paid by you upon safe return of the Product to us.

4. For Product purchased from a linked website, please refer to that Provider’s repair/returns policy. Our Providers’ own repair/returns policies will appear on their respective websites and it is their sole responsibility to comply with their own policies. We accept no responsibility whatsoever either for the terms of their policies, for their procedures or for their compliance.

Copyright, Trade Mark, Database and other Intellectual Property Rights

1. The entire contents of this website, including our domain names, Product lists, descriptions, information, prices and payment systems as well as the websites that we link to, together with our icons, graphics, logos, layout and multimedia information including but not limited to any and all variations, adaptations, translations or derivatives thereof whether or not computer-generated or using any AI software or tool (“Content”) is our copyright material unless we state that certain information is the copyright of a third party which will be named on the specific information, whether their material appears on our website or via a link to/from it (“Provider”).

2. All trade marks and trade names which are denoted as owned by us or Provider may only be used in direct association with our Content or Products or (as the case may be) the Provider’s Content or Products as specified above. You undertake not to use such trade names or trade marks in association with or as part of your own or any third parties’ trade names or marks nor in any manner which may be misleading, deceptive or disparaging to Jaxx or any of our Providers.

• We assert our database rights, in addition to all other intellectual property rights and such similar rights worldwide to the Content of this website.

3. You may NOT use any automated systems or software to extract any Content including but not limited to Product lists, prices, discounts, descriptions or other information from this website (“screen scrape”) or use, republish, retransmit, redistribute or otherwise use or make our Content available (in whole or in part, whether combined with any other material or service or not) in hard copy, electronically or any other media (directly or indirectly): (i) to any other party other than as specified herein or (ii) in any newsletter, website, online service or bulletin board of your own or any other party without Jaxx’s express prior written consent. You undertake to indemnify us and our Providers (for their part, if any, of the Content information relating to their Product) fully in the event of your contravention of this condition and these terms and conditions.

4. We reserve the right (at our sole discretion and with or without cause) to prohibit any individual, firm, organisation or company from using this website, the Content or to purchase Product from the website.

Third Party Product, links and advertisements  

Where we have linked to other websites this is merely for ease of reference and in no way recommends or endorses those parties, their products, opinions, advice (if any), or services, their website content, relevance, currency, security or privacy. This also applies to any advertisements appearing on our website. In no circumstances shall we be liable or responsible for any such third parties or their website content, products or services.

Warranty Disclaimer

  1. Except as otherwise provided in this clause, this website and the content on it is provided by jaxx on an “as is” and “as available” basis and neither jaxx nor the providers make any representations and/or warranties of any kind.

  2. To the full extent permitted by the applicable law, jaxx and/or providers disclaim all warranties, express or implied, including, but not limited to any warranty that.

3. The operation of this website, its servers, e-mails or content which may be sent from us, any of our providers, the website or linked websites will be secure, uninterrupted, error-free, private, free of viruses or other harmful components or up-to-date; or

4. That any product or services for sale on this website or any linked website will be, appropriate or relevant to your use or purpose or that content, data, prices or other information will be accurate or up-to-date.  

5. You Expressly Agree That Your Use Of This Website And Any Linked Website Is Solely Your Responsibility And At Your Own Risk.

Disclaimer of Liability  

1. Exclusion of Damages. To the maximum extent permitted by applicable law, in no event will jaxx and/or the providers be liable to you, any person deriving rights from you or any other person for any direct or indirect loss or damage of any kind, including without limitation, for lost profits, lost savings, lost data or other special, direct, indirect, punitive, consequential, or incidental damages arising out of or relating to these terms and conditions, use of our website or any product or service furnished or to be furnished under these terms and conditions or the use thereof, even if jaxx has been advised of the possibility of such loss or damage.

  2. Absolute Cap on Liability. Where liability may not be excluded under the applicable law but may be limited, the maximum, aggregate liability of jaxx and/or providers upon any claims howsoever arising out of or relating to these terms and conditions or any products or services furnished or to be furnished by jaxx and/or the providers under these terms and conditions will in any event be absolutely limited to the direct damages actually incurred by you up to the amount paid by you to jaxx and/or providers under these terms and conditions for the applicable products and/or services (and if no amount has been paid or is to be paid to jaxx and/or providers, then the limit shall be $aud50.

3. Basis of the Bargain; Failure of Essential Purpose. You acknowledge that Jaxx has set its prices and entered into these Terms and Conditions in reliance upon the Warranty Disclaimer and Limitation of Liability set forth in these Terms and Conditions, and that the same form an essential basis of the bargain between the parties. The parties agree that the Limitation of Liability specified in these Terms and Conditions will survive and apply even if the Warranty Disclaimer or any limitation of remedies is found to have failed of its essential purpose.  

4. Notwithstanding any other provisions contained herein, where any Act of Parliament implies any term into these Terms and Conditions, and that Act avoids or prohibits provisions in a contract excluding or modifying such term, that term shall be deemed to be included in these Terms and Conditions, but Jaxx/Provider’s liability for breach of that term shall be limited in one or more of the ways (at Jaxx/Provider’s option) permitted by the relevant Act.

Force Majeure

Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, acts of war (declared or undeclared), terrorism, civil commotion, pandemic, acts of local government and parliamentary authority; inability to supply the Software, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer).

Privacy Policy 

Our privacy policy appears on our website and we undertake to comply with the terms of that policy. Our Providers’ own privacy policies will appear on their respective websites and it is their sole responsibility to comply with their own policies. We accept no responsibility whatsoever either for the terms of their policies or for their compliance.

Headings, Severability and Amendments

1. The headings of these terms and conditions are inserted for convenience of reference only and are not intended to be part of or to affect their meaning or interpretation.

2. If any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

3. We reserve the right to amend any of these terms and conditions at any time and post the same on our website. Each time you use the website, you accept the current version of the terms and conditions.

Applicable Law

The parties hereby agree that these terms and conditions and this Agreement shall be governed by and interpreted in accordance with the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal therefrom. In terms of the enforceability of these terms and conditions and this Agreement, for the avoidance of doubt, these terms and conditions and this Agreement shall be deemed “in writing” and “accepted” by both parties.

Promotional Terms & Conditions

Free Australian Shipping on orders over $80

1. By taking advantage of the free standard delivery on Australian orders over $80 (the "Promotion") you agree on these terms and conditions and the standard Terms & Conditions.

2. Free delivery will automatically be applied at checkout when an order value meets the required threshold. You do not need to enter a promotional code to receive this discount.

3. When you receive free delivery you will receive free standard delivery as in accordance with our shipping policy.

4. This promotion cannot be used in conjunction with any other discounts or promotions including staff discounts and loyalty rewards.

5. This offer has no cash value.

6. JAXX reserves the right to (i) cancel this Promotion (ii) refuse to allow any individual to participate in the Promotion (iii) decline to accept orders where, in its opinion, a Promotion is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers).

Abandoned Cart - $8-Off Promotion

1. By taking advantage of the $8 off your order (the "Promotion") you agree on these terms and conditions and the standard Terms & Conditions.

2. You must enter the promo code supplied to you by email to receive the discount. Single use per customer.

4. This promotion cannot be used in conjunction with any other discounts or promotions including staff discounts and loyalty rewards.

5. This offer has no cash value. If you return your item you will not receive an exchange or refund to the value of the item originally purchased, less $8.

6. JAXX reserves the right to (i) cancel this Promotion (ii) refuse to allow any individual to participate in the Promotion (iii) decline to accept orders where, in its opinion, a Promotion is invalid for the order being placed and (iiii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers).