TERMS AND CONDITIONS

1. USER AGREEMENT

(a) By accessing and/or using www.DonSox.com or www.DonSox.com.au (website) or the official Don Sox mobile application (app) to purchase online, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(b) These Terms may be amended at any time. The terms that are applicable will be the terms applicable at the time your offer to purchase is accepted by Don Sox. Your use of the website following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website or app to make an order or purchase.

2. ORDER ENQUIRIES

If you have any query about the progress of your order, please contact us by emailing customerservice@donsox.com or calling +61 (0) 409077252 (9.00am to 6.00pm Australian time). Please have your order number handy as shown on the email confirmation.

3. ABOUT DON SOX

(a) Your purchase of products from the website or app is subject to these Terms and Conditions of Sale, our General terms and conditions and our Loyalty Program Terms and Conditions (jointly and severally referred to as the Terms). If you do not accept these Terms, you must not use this website or make a purchase from this website.
(b) Purchasing Don Sox products online is a service made available by KRDCO. Fulfilment of and execution of these orders, and any order queries, amendments, cancellations, refunds or replacements will need to be conducted in contact with us.
(c) You can make an offer to Don Sox via the website to purchase products or services at the specified price on or before the end date specified on any offer, or until such products or services are removed from the website or described as “unavailable”. Where Don Sox accepts your offer, we will sell the products or services to you in accordance with these Terms.
(d) Don Sox does not represent that any products or services offered on this website will be offered by or available from any Don Sox outlet or website at the specified price, or at all. Offers made via the website can only be accepted by undertaking the process required and set out on the website.
(e) You agree and acknowledge that the price for products or services available from other websites or apps may not be the same and may vary from the price shown on the website. This includes, but is not limited to, instances of local price promotions or sales.
(f) At the point of acceptance of your offer, you enter into a sale contract for the sale and supply of products, facilitated by the website or app.

4. DON SOX MEMBERS

(a) You may access and/or use the website as a guest or as a Don Sox subscription program member.
(b) To become a Don Sox subscription program member, you must complete the online process and provide all requested details. This may include your name and address, telephone number, a valid email address and nominated password. You warrant and agree that the information submitted is true and accurate. If you do not provide accurate and complete details, we will not be able to activate your subscription program membership.
(c) We only permit one subscription program member registration per email address and telephone number.
(d) It is your obligation to keep your membership details current at all times. You may do this by accessing your account via the website or app and amending the relevant details as required. We are not responsible for any issues arising as a result of your failure to keep your details up to date.
(e) You must take all reasonable precautions to keep your password secure. We are not responsible for any issues arising out of your failure to keep your password secure. You are responsible for any activity on your account (whether or not undertaken with your express agreement). If the security of your password is compromised, you must immediately change your password. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(f) If you forget your password, you may click on the relevant link located on the website or app and we will email you a new password.
(g) We reserve the right to terminate your account without notice for any reason whatsoever including, without limitation, if you have breached or we suspect you have breached the Terms.

5. MINIMUM AGE FOR A USER

(a) You must be sixteen (16) years of age or over to register as a subscription program member or purchase products from the website or app.
(b) Don Sox reserves the right to take legal action and seek compensation from the parent or guardian of a minor, who causes an order to be placed, for any loss or damage Don Sox may suffer as a result of a transaction entered into by a minor.

6. ORDERS

(a) By representing our products online for sale, we are inviting you to make an offer to us to purchase those products or services on the Terms set out.
(b) Large orders may not able to be processed via the website or app and will need to be initiated in person or by telephone to Don Sox.
(c) To offer to purchase products online, you must:
(i) place an order for the products using the process set out on the website or app;
(ii) confirm the order details in accordance with the procedure on the website or app. You must ensure that you check the order carefully. Except in limited circumstances required under statute, once accepted by Don Sox, the offer cannot be varied or cancelled;
(iii) contact immediately if you make an error in the order;
(iv) make payment in full on the website or app at the time of placing the order; and
(v) accept our pricing and Terms.
(d) Once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Terms, or if one of the exceptions under the Electronic Transactions Act applies.
(e) You acknowledge and agree that:
(i) The electronic transmission of information is sometimes unreliable and it is possible that your offer or payment may not be received by Don Sox for reasons beyond either parties’ reasonable control;
(ii) to the extent permitted by law, Don Sox is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with your use of the website or app, the transmission of an electronic communication through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) We are under no obligation to investigate the authenticity or authority of persons using your login and password, or placing an order, or to verify the accuracy and completeness of such electronic instructions.
(f) You will receive an email from Don Sox as soon as practicable after you have made payment. If you have any questions regarding your order you may contact customerservice@donsox.com . Contact details will be displayed on your order confirmation, or they can be found on our website at www.DonSox.com or www.DonSox.com.au .
(g) We may, in our sole and absolute discretion, accept or reject any offer to purchase made by you for any reason, including but not limited to an error in the advertised price for, or description of, the products on the website, or an error in your order.
(h) While we endeavour to accept and fulfil all orders, there may be occasions where we may not be in a position to accept your order. If that occurs, we will notify you by telephone or email and arrange for an account credit or a full refund of any payment made by you in relation to that order to be processed.
(i) We will be deemed to have accepted your order when your order is delivered to your specified delivery address.

7. PRICE

(a) Prices in our website are in the specified currency shown when you select the subscription program of your choice. Prices will not include delivery which will be notified as a separate amount. Prices are subject to change.
(b) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(c) We reserve the right to correct any errors published on the website.

8. PAYMENT

(a) All payments must be made in full at the time of placing your order online
(b) Payments must be made via the method set out on the website. If a third party supplier is utilised by Don Sox to process payments, use of the website will be subject to any terms and conditions of that provider.

9. DIRECT OFFERS TO YOU AND PROMOTIONAL OFFERS

(a) Don Sox may give special invitations to subscription members, as a group or as individuals, in relation to products and services that may differ from those appearing on the website.
(b) Representations of products for sale made by Don Sox via a specific email or other means (SMS, push notifications and in-app rewards etc.) to you (or general promotional email to our subscription members) does not constitute an offer to sell but an invitation to treat.
(c) You may make an offer to purchase by “clicking” on a unique link contained in an email which provides you with a promotional offer. Ordering via this link indicates you otherwise comply with the Terms, including without limitation, clause 6 of these Terms.
(d) Each link can only be used for the number of times specified in the invitation.
(e) The unique link contained will only be available for a specified period of time. Once that time expires the invitation is automatically withdrawn and no offer will be accepted.

10. DELIVERY

(a) The terms of this clause apply where you select to have your products delivered to a specified address.
(b) Don Sox will deliver in accordance with the agreed delivery instructions.
(c) Prior to submitting an online order, you will be required to enter your address for delivery. The delivery address cannot be a PO Box and must be sufficient for us to be able to locate that address. You will not be able to change your delivery address within 24 hours of your order being dispatched.
(d) Your order will be prepared and dispatched to our delivery agents. Delivery agents are third parties shipping and or delivery companies and and are not employed by us.
(e) Don Sox will use its best endeavours to deliver your order within any stated timeframes for dispatch, however Don Sox does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(f) Extra charges may apply if delivery is not possible due to and act or omission on your part.
(g) Don Sox is not responsible for, and cannot guarantee, any loss, delay or damage of a product once it has been collected by our third party delivery contractor.

11. PAYMENT AND CREDIT CARD FRAUD

To the extent permitted by law, Don Sox will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
By utilising the online payment system you agree to be bound by the terms and conditions of use of that system.

12. PROVIDING FEEDBACK

(a) If you are invited to post comments on the Website you may do so. You will not post any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, we may remove such comments with no notice to you. Don Sox will not necessarily contact or consult you about our decision. Our decision is final.
(b) If you think that a comment that has been posted is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, please email us with a link to the comment or a copy of it and your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but will not necessarily contact or consult you about our decision. Our decision is final.

13. DISCLAIMER AND INDEMNITY

(a) To the extent permitted by law, Don Sox excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on the website;
(ii) any interruption or cessation of transmission to or from the website;
(iii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(iv) any unauthorised access to or use of the websites secure servers; and/or
(v) any malware, viruses, Trojan horses, worms or other harmful or malicious code or communications which may be transmitted to or through the website
save to the extent that our gross negligence has directly caused or contributed to that liability.
(b) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Don Sox and its third parties will not be liable for any indirect, special, incidental or consequential damages arising out of your access to or use of the website including, but not limited to, any loss of profit, loss of opportunity, loss of income, loss of business, any loss of goodwill or reputation; increase in expenses; and pure economic loss.
(c) You will at all times indemnify, and keep indemnified, Don Sox and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of these terms.
(d) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

14. DAMAGED OR FAULTY PRODUCTS AND REFUND POLICY

(a) If any product ordered by you arrives and you believe that it is not of acceptable quality, you may have:
(i) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(ii) to have the product replaced or to receive a refund of the price paid by you for the product.
(b) If your order arrives damaged or otherwise in an unacceptable state please contact us immediately.

15. PRIVACY AND PERSONAL INFORMATION

Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth).

16. GOVERNING LAW

(a) These terms will be governed by and interpreted in accordance with the laws of the state or territory in which the products are to be delivered or collected and you irrevocably submit to the non-exclusive jurisdiction of the Courts of that state or territory. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(b) Don Sox makes no representations that the content of the website complies with the laws of any country outside Australia.

17. SEVERABILITY

If any part of the Terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between you and Don Sox.

18. TRANSFER AND ASSIGNMENT

If Don Sox merges, sells or otherwise change control of its business or this website to a third-party, Don Sox reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Don Sox has collected from you and any agreements it has made with you.

19. WAIVER

The failure by Don Sox to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Don Sox.