Terms of service

HORSE THE LABEL PTY LTD (TUKTUK) - TERMS AND CONDITIONS OF TRADING

These websites www.tuktukclothing.com.au and www.horsethelabel.com.au (known as "the TukTuk websites") are made available to you (herein also known as "the Purchaser") under these trading terms and conditions which are legally binding and are in effect from first of July 2020. Please carefully read these Terms and Conditions in full before every purchase you make. We might, from time to time, change them without notice to you. Your purchase will indicate your full acceptance of these terms and conditions.

 

TRADEMARK

TukTuk®, TukTuk Clothing®, TukTuk 100% Horse® and Horse The Label®, amongst others are all registered trademarks.

 

COPYRIGHT

Horse The Label Pty. Ltd. (TukTuk) owns all content, designs, images and other photographic materials and, they are subject to copyright. You may not use any content, design, drawings, photos or videos published on TukTuk's websites without our prior written permission.

 

INTELLECTUAL PROPERTY

You will not use, copy or infringe on TukTuk's intellectual property. Intellectual property rights include all aspects of copyright, any trademarks, logos, designs, software, domain names, business or trade names. Intellectual property rights also include, but are not limited to, marketing concepts and designs, training materials, protection of confidential information, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour. Intellectual property rights apply regardless as to whether they were created before, on, or after the date of these Terms and Conditions or whether they are registered or unregistered.

 

LINKING TO THE TUKTUK WEBSITES

You may link to the TukTuk websites on the condition that you do so in a way that is legal and not offensive. You linking to our websites must not intend to damage our reputation or in any way, take advantage. You may not suggest any form of TukTuk's endorsement or association with your or your website(s) where we have not granted such. You agree to remove any link(s) at any time at our request.

 

ON-SELLING

Unless we have accepted you as an official TukTuk retailer, you under no circumstances may on-sell or resell any of TukTuk's clothing or goods on any website, via third party online selling channels or other retailers or private selling events without written permission from TukTuk. Should this provision be breached, TukTuk reserves the right to recoup all items.

 

PROHIBITIONS

You will not commit or encourage a third party to commit a criminal offence by transferring or distributing any harmful or malicious software or code (such as a trojan, virus, malware or other malicious code) or device. You will also not post other malicious content, or content which causes harm or is in any way offensive or obscene. You must not hack into, or corrupt data or otherwise interfere in any aspect of the TukTuk websites. You must also not annoy other users by posting uninvited advertising or promotional material commonly referred to as "spam"; or by attempting to change the functionality or performance of the TukTuk websites.

TukTuk will not be liable for any loss or damage caused by electronic or otherwise harmful material (viruses and other malware) that may infect your computer hardware or software. We are not responsible for any loss or damage arising from you downloading proprietary data and material or your general use of the TukTuk websites, or on any third party website linked to it.

 

ORDERING

TukTuk cannot guarantee the availability of stock and accepts no liability in regards to how long it will take third party couriers or Australian Post services in delivering any items related to your order. TukTuk reserves the right to cancel any order without notice.

 

SHIPPING & ORDER TRACKING

TukTuk will deliver to Australian postal addresses (unless inaccessible by Australian Postal Services) and to most international addresses using Australian Post or other contracted couriers. Some couriers, including Australia Post, require a signature by the Purchaser upon delivery. Any risk will pass to you and or any other person who signs for the receipt of the goods delivered.

TukTuk cannot accept responsibility for delays in delivery due to unforeseen circumstances such as natural disaster, pandemic, strike or transport complications.

The Purchaser is responsible for providing accurate address details when ordering online (including delivery instructions where necessary). If the order is unable to be delivered due to incorrect address or delivery instructions provided by you, a re-delivery fee may apply. This fee is the Purchaser's responsibility, and goods will only be re-shipped upon payment of the same.

 

LIABILITY

To the extent permitted by law, TukTuk shall not be liable for indirect or resulting losses, costs or expenses incurred by the Purchaser linked to or as a consequence to the supply of goods. TukTuk's liability is limited only to the cost of supply or re-supply of goods under these terms.

 

WARRANTIES REGARDING THE GOODS

The Australian Consumer Law (as from time to time amended) shall apply without restriction or modification in regards to conditions, warranties and other provisions which apply to or in respect of goods provided by TukTuk. So does any enactment by the Commonwealth of Australia or the State of Victoria which can not be excluded from these Terms and Conditions.

All other warranties, conditions and guarantees are excluded from this agreement (whether implied by statute law, trade usage or otherwise, including, in particular, any which may in any way relate to quality or fitness for any particular purpose).

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit, for example, comments or images to enter a competition, you agree that we may, without limitation at any time, edit, publish, copy, translate, distribute or otherwise use any material that you send us in any medium. The same applies if you without us requesting it, send creative ideas, suggestions, proposals, plans, or other materials (collectively, 'materials'), whether online, by email, by postal mail, or otherwise. We are and shall not be under any obligation to maintain any materials in confidence; to compensate you in any form for any materials; or to respond to any materials.

We determine at our sole discretion which materials we deem to be unlawful, offensive, threatening, libellous, defamatory, obscene, pornographic, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. We may edit or remove such materials at any time and without giving notice to you.

You agree that your materials will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your materials will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any software virus or other malware that could in any way, affect our websites. You may not use a false email address, nor impersonate someone else or pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content, comments or materials supplied. You are solely responsible for any comments you make or material you supply, and their accuracy. TukTuk takes no responsibility and assumes no liability for any comments/materials posted by you or any third-party.

 

PRIVACY POLICY AND PERSONAL INFORMATION

Our Privacy Policy governs the submission of personal information. To view our Privacy Policy click here.

 

NO COMMERCIAL USE

These websites sites are for your personal use only. You may not use this site(s), or any of its materials or content, for any commercial purpose, including advertising or any advertising revenue generation activity on your own or third-party website(s) or social media platforms.

You may also not copy, in any way reproduce, distribute, transmit, display, modify, transfer, publish, license, or sell any content, materials, software, products, or services contained within this site(s).

 

BILLING

We will accept payment for your purchase by credit card (Visa®, MasterCard®, American Express®) PayPal®, Afterpay®, or by direct deposit into our bank account (by prior arrangement). All goods supplied remain the property of TukTuk until you have paid for them in full.

Please check you entered your contact and delivery details correctly and also include your phone number, in case we need to contact you. If you make payment by credit card, please ensure the name on the credit card used for payment is matching the billing name on your order. TukTuk reserves the right to cancel any order which we determine does not meet this requirement.

 

CURRENCY

All product and shipping prices listed on the TukTuk Websites are in Australian Dollars (AUD) and will be charged in Australian Dollars.

Some credit providers may charge you additional fees. Please refer to your credit provider for more information.

 

GST & TAXES

All purchases delivered within Australia are subject to the standard government Goods and Service Tax (GST). All prices listed at the TukTuk websites include GST. Purchases we ship to international addresses are exempt from Australian taxes.

IMPORTANT: TukTuk is not responsible for any customs, duty or foreign taxation charges incurred on international orders. If you place an order from anywhere outside Australia, please note any overseas custom fees, duties and or import charges, which may be imposed by the country to which you are importing the goods, are NOT included in the prices listed on our websites. Any additional international charges will be strictly at the expense of the recipient and will not be covered by TukTuk under any circumstance. Depending on laws and regulations of the landing country, the Purchaser may incur these additional charges at any time after the goods are purchased.

 

PROMOTIONAL CODES

Occasionally TukTuk may release promotional codes or vouchers, which are valid for a specified time. These codes/vouchers are valid for use within the specified time frame only. We will state all conditions applying to each promotional code or voucher at the time they are published. Promotional codes/vouchers may be redeemed online at any of the TukTuk websites or in person at the TukTuk design studio and showroom in Beechworth, Victoria.

 

GIFT CERTIFICATES (ALSO KNOWN AS GIFT VOUCHERS OR GIFT CARDS)

Our gift certificates (Gift Vouchers/Gift Cards) are valid for three years from the date of issue (as printed on your certificate) and can be purchased and redeemed at the TukTuk websites or in person at our TukTuk design studio and showroom in Beechworth, Victoria. The gift certificates are valid for purchasing merchandise only and cannot be redeemed for cash. Until redeemed, any remaining balance on your certificate will be linked to the code associated with your certificate. You may use your vouchers in whole or in part. Remaining credit cannot be redeemed in cash. Please contact customercare@tuktukclothing.com.au if you have lost your certificate code. Please treat your gift certificate like cash: We will only replace lost or stolen gift certificates if you can supply proof of purchase.

 

ORDER CONFIRMATION

Confirmation of your order, including all details, will automatically be sent by email to the email address you supplied. The email will contain all delivery and shipping details and charges and any other information, if applicable. It is the Purchaser's responsibility to check and ensure that all information is correct. Our dispatch team will aim to ship all orders within two business days of the orders received. However, this may vary depending on order volumes at the time. Should you require any changes to your order or if the order is time-sensitive, please contact us immediately on customercare@tuktukclothin.com.au or +61 03 5728 2896. Once we have dispatched an order, unfortunately, no changes can be made.

 

ORDER CANCELLATIONS

Cancellation by TukTuk

TukTuk reserves the right to cancel any order at any time without notification.

Cancellation by Purchaser

We aim to ship online orders within two business after we receive them. If for whatever reason you wish to cancel an order after we have accepted payment via the online checkout, please immediately contact TukTuk via email at customercare@tuktukclothing.com.au or by phone on (+61) 03 5728 2896.

Unfortunately, once we have dispatched your order, we are unable to cancel it. The order will then fall under the terms of our Returns and Exchange Policy.
 

SIZING & PHOTO REPRESENTATION

The websites provides as accurate as possible representation of the products and their colour. Computer/tablet/phone display quality and screen settings may cause variations in colour representation.

Sometimes TukTuk uses pre-production samples for photos shoots, which occasionally will vary slightly from the actual products sold. In this case, TukTuk will include a detailed description of how the product differs in the product descriptions accompanying the image of the product.

Slight variations of colour may occur in our handmade products using natural materials, which make each of these garments unique. These variations and are not deemed to be a product fault.

We provide sizing charts for most products in the product descriptions. On request, we will supply further information about specific product sizes or garment measurements. Please contact us on customercare@tuktukclothing.com.au for more specific information or measurements.

 

AGREEMENT

This agreement is based on the above terms and conditions and supersedes all previous agreements between you (The Purchaser) and TukTuk.