1. ADHERENCE TO TERMS AND CONDITIONS

1.a) By placing an Order, you acknowledge your acceptance of the Terms and Conditions.

1.b) Each Order you place establishes a distinct and binding agreement between you and TRIBE Australia concerning the provision of Product/s, as outlined in these Terms and Conditions.

 

2. INITIATING ORDERS FOR PRODUCT/S

2.a) You have the option to initiate an Order via the Website by completing the electronic Order form provided.

 2.b) When you submit an Order on the Website as described in clause “2. a)”, you are making an offer to purchase Product/s at the Price (inclusive of GST for deliveries within Australia) along with any applicable Delivery Fee as indicated at the time of submission. This offer cannot be retracted without our prior consent.

 2. c) It is understood that all Orders placed through the Website pertain to Product/s intended for personal and domestic use exclusively and are not intended for commercial purposes. Quantity limitations may be applicable.

2.d) Upon completion of the electronic Order form, you have agreed to provide accurate and complete information pertaining to your personal details for TRIBE Australia to facilitate the processing and delivery of your Order. This information will also be utilized by our Delivery Agent to fulfil your Order. TRIBE Australia shall not be held accountable for any loss suffered by you or any third party due to a delay or failure in processing, fulfilling, or delivering Product/s to you (or your designated recipient) resulting from inaccurate or incomplete personal details provided in connection with an Order. For example, if you provide incorrect shipping information in an Order, TRIBE Australia is not obligated to resend your Order if it is dispatched to the address specified in the Order and is not subsequently returned to TRIBE Australia. You agree to obtain consent from gift recipients when providing their personal details to TRIBE Australia Online.

2.e) You are eligible to place an Order with TRIBE Australia if you possess an active email account and a telephone number through which you can be readily reached.

2.f) Prior to submitting your Order, it is imperative that you review it carefully. After submission, cancellations can be initiated by the customer by reaching out via email to help@tribeswimwear.com.au. Orders may be cancelled until they have been dispatched. Product/s may be returned in accordance with the Returns Policy, even if payment has been made partially or entirely using a Gift Card.

2.g) In the event that you place consecutive or separate Orders for Product/s, consolidation of the Orders into a single shipment is not feasible. A distinct Delivery Fee will be applicable to each Order. 

2.h) Upon submission of your Order, an automatic Order number will be provided. This Order number is necessary when contacting our Customer Service Team.

 2.i) By submitting an Order, you affirm and guarantee to TRIBE Australia that:

 

· You have reviewed and agreed to these Terms and Conditions

· You have complied with all pertinent Laws.

 

2. k) The packaging of Orders will be at TRIBE Australia’s discretion. Additional packaging may not be available upon request.

 

3. ACCEPTANCE AND DECLINATION OF ORDERS

3.a) TRIBE Australia retains the discretion to approve or decline your Order at any given time and for any reason.

3.b) Upon acceptance of an Order, TRIBE Australia commits to providing you with the Product/s as specified in the Order, in compliance with these Terms and Conditions.

3.c) In the event of Order rejection and prior payment processing for the Product/s, we will reimburse any funds received for that Order and strive to complete the refund within 5 Business Days. The timeliness of your refund's receipt will hinge on your financial institution's processing time. TRIBE Australia bears no responsibility for any losses, damages, expenses, costs, or injuries incurred by you or any third party due to any delay in refund processing.

3.d) Should we encounter difficulties in reaching you regarding your Order pursuant to these Terms and Conditions, utilising the contact information provided during the Order process, and after making reasonable efforts to establish contact, we will decline the Order as outlined in this clause 2.

 

4. AVAILABILITY OF PRODUCTS

4.a) You acknowledge and agree that occasionally, some Products listed on the Website may be unavailable or out of stock, and we may not be able to fulfil all or part of your Order. In such cases, TRIBE Australia will make reasonable efforts to contact you within 7 Business Days to arrange for a reimbursement or suitable substitution.

· If a refund is requested, we will make reasonable efforts to process it within 7 Business Days. The timing of your refund will depend on how long it takes your financial

institution to complete the process. TRIBE Australia is not responsible for any loss you or any third party may incur due to any delay in processing your refund.

· If we do not receive a response from you within 7 Business Days, TRIBE Australia will issue a Credit equivalent to the purchase price of the Out Of Stock Product(s) in Australian Dollars.

4.b) If a Product is temporarily out of stock at the time of order fulfilment but is expected to be restocked within 2 weeks, it will be placed on Backorder and provided to you at a later date. We will inform you of Products placed on Backorder, and you may choose to cancel a Backordered Product for reimbursement until the Backorder is fulfilled.

4.c) We retain the right to temporarily or permanently remove any Product displayed on the Website from sale at any time without prior notice. TRIBE Australia will not be held liable for any loss you or any third party may experience as a result of the withdrawal or suspension of availability of a specific Product.

4.d) If there is an error on the Website affecting your Order (for example, regarding the description, image, price, or other details of a Product), we may reject the portion of the Order related to the error in accordance with clause 3. If applicable, TRIBE Australia will proceed to fulfil the remaining part of your Order in line with these Terms and Conditions. If you are dissatisfied with the partial fulfilment of your Order, you may return the entire Order as an incorrectly delivered order in accordance with the Returns Policy.

4. d) You acknowledge and agree that:

 

· All pictures and images of Products displayed on the Website are for illustrative purposes only, and the actual sizes and dimensions of the Products may differ in reality.

· You have reviewed any corresponding written description of the Products before placing your Order.

· The colour of Products as depicted on the Website may vary slightly in shade in reality.

· In cases where we provide sizing or other measurements in the Product descriptions (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your intended use before placing your Order.

· Any accessory featured with the Products is for illustrative purposes only.

 

5. PRICE AND PAYMENT

5.a) The pricing for a Product is stated on the Website and is contingent on the designated delivery address.

5.b) The Price includes Australian GST (currently 10%).

 5.c) If a currency not listed is selected, you will be billed in Australian Dollars (AUD). Any fees or rates related to currency conversion used to determine the amount you pay for the Product/s are determined by your credit card provider or Paypal. We are not responsible for any discrepancies between the Price listed on the site and the actual amount charged to you for the Product/s, as determined by the fees and conversion rate used by your credit card provider or Paypal.

5.d) TRIBE Australia reserves the right to modify Prices of Product/s on the Website without prior notice, unless you have already placed an Order at a specified Price, in which case there will be no change in the Price (unless your Order is affected by an obvious pricing error, in which case the procedure in clause “4.d)” will apply). TRIBE Australia does not offer Rainchecks. This also applies to any order placed before a Sale. The price you agree to at checkout when submitting your order, and payment is final.

5.e) For any Order, we will bill you, and you agree to pay:

 

· the Price (which is the Price at the time of the Order); and

· the Delivery Fee (if applicable).

 

5.f) You can make payment for your Product/s using any of the methods listed on the electronic Order form on the Website. When paying by credit card, you authorize TRIBE Australia to charge your designated card at the time you submit your Order. 

5.g) You acknowledge and agree that TRIBE Australia must receive cleared payment for an Order before dispatching the Product/s. If your payment cannot be processed, your Order will be declined in accordance with these Terms and Conditions, and you will be notified. If you encounter any issues with the use of your credit card, you should contact your card issuer first or use an alternative payment method to proceed with your Order.

 5.h) By making or attempting to make payment for the Product/s, you affirm that you have not engaged in any fraudulent activity or violated any applicable laws.

5.i) You will receive an email invoice once payment for your Order has been processed.

5.j) TRIBE Australia employs an encrypted payment gateway and security certificate to secure transactions. While we take all reasonable precautions, we cannot guarantee the security of every transaction.

 

6. DELIVERY

6.a) By using our services, you consent to sharing your information, including Delivery Address, with the Delivery Agent solely for the purpose of delivering your Product/s.

 6.b) Shipping options are contingent on the Delivery Address and can be chosen during the Checkout process. Applicable Delivery Fees for the Product/s will be provided at the checkout.

 6.c) Customers will receive Tracking Information when their order is dispatched. It is the customer's responsibility to monitor the progress of their order using the provided information.

6.d) The standard allowable shipping times:

 

Domestic

 

· Express: 3 Business Days from Dispatch

· Standard: 7 Business Days from Dispatch

 

International

 

· Trackable Standard: 10 to 15 Business Days from Dispatch.

· Trackable Express: 4 to 10 Business Days from Dispatch.

· DHL Express: 3 to 7 Business Days from Dispatch.

· If DHL is unavailable, then Australia Post will be used to ship your order.

 

6.e) You acknowledge and agree that, notwithstanding of any other statements on the Website:

 

· TRIBE Australia cannot guarantee delivery within the specified time frames.

· Delivery time frames may change due to unforeseen circumstances.

· Unless required by applicable law, TRIBE Australia is not liable for any loss, damage, cost, expense, or injury suffered by you or any third party as a result of changes in delivery times or delays in delivery.

 

6.f) Product/s will be delivered to the Delivery Address you specified during the Order process. Separate Orders are required for Product/s destined for multiple delivery locations.

6.g) All Standard parcels and Express shipments to the USA do not include a Signature on Delivery, and by selecting this shipping method, you consent to an Authority To Leave. Only Express Shipping with DHL Express offers a signature on delivery service. TRIBE Australia will not be responsible for Orders marked as delivered by the Delivery Agent that are subsequently lost or stolen.

6.h) If the Delivery Agent is unable to deliver your Product/s to the Delivery Address due to package size, restrictions on access, or safety concerns, your parcel will be held for collection. It is your responsibility to contact the Delivery Agent to arrange re-delivery or collection of your parcel. You can find this information on your order tracking page.

6.i) If you fail to collect your Product/s within the specified time after a failed delivery, you must contact our Customer Service Team using the details provided at the beginning of these Terms and Conditions for further instructions on claiming your Order. If redelivery is required, you may be responsible for associated fees.

6.j) Upon delivery, it is your responsibility to inspect the Product/s and ensure they match your Order. If there is obvious transit-related damage to the Product/s, you must contact our Customer Service Team as soon as possible using the provided details at the start of these Terms and Conditions. If the Product/s do not match your Order, you may return them to us in accordance with the Returns Policy. If Product/s are missing from your Order, you may contact our Customer Service Team or return the Order in accordance with the Returns Policy. Please inform us of any defective, damaged, missing, or incorrect Product/s as soon as possible. Any Product/s replaced under the Returns Policy due to being defective, damaged, missing, or incorrect will be delivered to you free of charge.

 

7. TRANSFER OF RISK AND TITLE

The risk and ownership of the Product/s will transfer to you upon the delivery of the Product/s to the designated Delivery Agent.

 

8. CHANGES TO ORDERS AND RETURNS

8.a) Unless otherwise specified in these Terms and Conditions, adjustments or cancellations to Orders will be accepted only prior to dispatch. The Product/s will be sent to the specified Delivery Address as outlined in these Terms and Conditions. Therefore, it is important to verify the accuracy of your Order before submission. You will, however, have the option to return faulty or incorrectly delivered Product/s as per the Returns Policy.

 8.b) Product/s may be returned in accordance with these Terms and Conditions (specifically, this clause 8) and as outlined in the Returns Policy, which is an integral part of these Terms and Conditions.

8.c) In the event that we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Product/s (along with any applicable Delivery Fee) in accordance with these Terms and Conditions. We will make reasonable efforts to process your refund within 7 Business Days. The timing of your refund will depend on how long it takes your financial institution to finalize the transaction. TRIBE Australia is not responsible for any losses incurred by you or any third party due to delays in processing your refund.