In General

Seaborne Clothing owns and operate this Website. This document governs your relationship with Seaborne Clothing. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Seaborne Clothing or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Seaborne Clothing and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

All Prices are in Australian Dollars and include GST.

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been prepared for collection or dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs where charged, will be charged in addition to the goods purchased; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Returns and Warranty

  1. Seaborne Clothing will replace or repair unworn custom-made Seaborne™ branded uniforms (supplied to the Buyer and manufactured by Seaborne Clothing) which are reported as faulty on arrival, provided a claim is submitted within 3 months of the goods being purchased and the goods remaining unworn or unused.
  2. Seaborne Clothing will replace or repair unworn stock-service items supplied (supplied to the Buyer, but not manufactured by Seaborne Clothing) which are reported as faulty on arrival, provided a claim is submitted within 30 days of the goods being purchased and the goods remaining unworn or unused.
  3. If a fault becomes evident only after goods have been used or worn, they may be submitted to us for inspection. The claim must be accompanied by a valid and reasonably recent purchase receipt from a Seaborne Clothing official point of sale for school uniforms.
  4. Seaborne Clothing reserve the right to inspect and determine the appropriate remedy based on age and condition of worn items.
  5. All returns are to be submitted to the uniform shop managed by Seaborne Clothing at which they were purchased.
  6. Claims of fault cannot be entertained where:
    1. The condition of an item or reported fault indicates laundering or care instructions have not been followed.
    2. The condition of an item or reported fault is to be expected as a result of normal wear and tear for school uniforms or equipment of a certain age.
    3. The condition of an item or reported fault is indicative of mistreatment or other than reasonable handling, including accidental or deliberate damage.
    4. The garment was not manufactured or supplied by Seaborne Clothing as per 1 or 2 above.
    5. The claim relates to second hand or new goods purchased at a discount which bear a fault or faults which the purchaser was or should have been aware of at the time of purchase if purchased from the official point of sale for school uniforms.
    6. The claim relates to second hand or new goods purchased at a discount which bear a fault or faults which the purchaser may or may not have been aware of if purchased from a non-official outlet such as within the school community or the wider community. None of these terms supersedes your rights under Australian Consumer Law.

Payment

Upon receiving your order your payment card will be processed for the order amount by our payment gateway. By placing an order, you warrant that you have the right to use the payment card you supplied.

Website Security

The seaborne.com.au website is protected by an SSL certificate for your security. To check the validity of this certificate you can click on the padlock symbol to the left of the web address in your browser.

All card information is captured on a Hosted Payment Page and stored in a PCI-DSS compliant environment. No card information is stored by Seaborne Clothing.

Seaborne Clothing will only capture such personal details as necessary to complete your order and will not share this information with any other party except as required by law.

Shipping

We offer different methods of order fulfillment and shipping to suit our customers requirements. Delivery and Collection options are clearly shown in the checkout page at time of purchase.

  1. When customers order online and choose to collect from the school uniform shop, the order will be available for collection the next day that the uniform shop is open for business. There is no charge to collect an order from the uniform shop.
  2. Some schools allow us to deliver purchases to the student’s class room. If this is available the option will be displayed in the checkout page at time of purchase and the order will be delivered the next day that the uniform shop is open for business. There is no charge for this service.
  3. Where home delivery is chosen we use either Australia Post or a courier service. The delivery charge for this option is calculated specifically for each order and is based on the size & weight of items ordered as well as delivery location. The cost of delivery will be clearly displayed in the checkout page at time or purchase. These orders will be processed within 5 business days (excluding school holidays)

 Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Seaborne Clothing and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Seaborne Clothing’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright:
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Seaborne Clothing and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Seaborne Clothing

Indemnity

You agree to indemnify, defend and hold harmless Seaborne Clothing, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Seaborne Clothing shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waive

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 of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Seaborne Clothing. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Seaborne Clothing.