Terms of Service

Welcome to blackwolfbrand.com.au (The "Site").

Emerging Retail Investments ACN 625564892 trading as Black Wolf Brand ("Black Wolf Brand") provides the Site and all of its functionality to you subject to the following terms and conditions, Black Wolf Brand’s Privacy Policy (which applies to its online and offline activities) and any other terms and conditions and policies issued by Black Wolf Brand which may be placed on the Site from time to time. All materials are deemed to be a part of, and incorporated into, these terms and conditions (collectively, "Terms of Service").

By accessing or using the Site (including placing an order for the purchase of Products through the Site), you are undertaking and acknowledging to Black Wolf Brand that you have read and understood these materials, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If this is not correct, or you do not agree to any aspect of these Terms and Conditions, please immediately leave the Site, and do not access or use it.

1. PURCHASING ITEMS

To buy products from our Site, you must be at least 18 years of age. You may buy products offered online by placing an order on our Site, via an online shopping cart or online order form, as available. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete, and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order on this basis, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion. Where we can refund before processing your order, we will.

2. PRICES

All Product prices stated are in Australian Dollars, and unless otherwise expressly indicated, include GST but exclude handling and delivery charges. Handling and delivery charges will be calculated once you have selected your preferred delivery options and will be displayed on-screen for you at the checkout, just before you are asked to confirm and submit your Order. You agree to pay all GST, handling and delivery charges in respect of any Products you order.

Black Wolf Brand reserves the right to change or alter prices of Products without notice. The price payable by you for a Product will be the price applicable on the date you submit your Order. The price payable for Orders, including all GST, handling and delivery charges ("Price") will be charged in full at the time an Order is placed. Payment must be cleared before Products can be dispatched by Black Wolf Brand for delivery.

You must pay for Products using a credit card of a type accepted by Black Wolf Brand, as indicated on the Site, or by PayPal account. Black Wolf Brand does not accept cheque, money orders, cash, electronic funds transfers, or any other form of payment for Products. For security, if you pay by credit card, Black Wolf Brand requires that your billing name and address match that of the credit card used for payment, and reserves the right to cancel any Order which does not meet this requirement.

If you do not agree to use of either the PayPal System or the Square Payments System you will be unable to purchase Products through the Site.

3. PRODUCT AVAILABILITY

All Products displayed on the Site have been included in good faith on the basis that the Products as described will be available at the time of sale.

If a Product is not in stock at the time of your Order, you will be notified this by email, and advised of the expected shipment date. Your Order will be fulfilled by Black Wolf Brand once new Product stock is received. You may at any time prior to shipment cancel an Order for a backordered item, as specified in Section (f) below and a refund for the Price of the Product will be made to you.

From time to time, Black Wolf Brand may make available certain new Products for advanced purchase. These Products will be dispatched as soon as they are available. Black Wolf Brand will keep you updated as to the status of any advance purchases of Products you make through the Site via email. Your Order will be fulfilled by Black Wolf Brand once stock of the new Product is received.

4. ORDERS

The information available on the Site constitutes an invitation to treat, and does not constitute an offer by Black Wolf Brand to sell any Products to you. By submitting an Order for Products and making payment of the Price through the Site, you are making an Offer to Black Wolf Brand to purchase the Products selected for the Price paid, on these Terms and Conditions to the exclusion of all others. A contract between you and Black Wolf Brand, for the supply by Black Wolf Brand, and the purchase by you, of the Products selected in your Order will come into effect only once your Order has been accepted by Black Wolf Brand.

You acknowledge and agree that Black Wolf Brand will only be considered to have accepted your Order when it provides you with confirmation of receipt of your Order. If you do not receive such confirmation from Black Wolf Brand within 24 hours of placing your Order, your Order will be deemed to be rejected (except where non-receipt by you of a confirmation during this period is due a technical difficulty experienced by Black Wolf Brand), and Black Wolf Brand will refund to you the payment of the Price you have made in full. If your Order is cancelled by Black Wolf Brand following acceptance, Black Wolf Brand will refund to you the payment you have made in full.

Black Wolf Brand reserves the right to refuse to accept Orders, or to cancel Orders once accepted, in its sole discretion. Black Wolf Brand will notify you if any Order you place is cancelled or rejected. Please ensure that the delivery address and recipient details listed in your Order are accurate and complete, as Orders and details are unable to be changed once an Order has been placed. Black Wolf Brand will not accept responsibility for late delivery, or non-delivery, due to incomplete or incorrect details being provided.

5. DELIVERY

Products are only available for delivery in Australia.

The amount of handling and delivery charges payable by you will depend upon the delivery option you select at the time of ordering Products, and will be charged to you in full at the time your Order is placed.

Risk in the Products will pass to you upon dispatch. Title to the Products will pass to you once your payment has been cleared and received by Black Wolf Brand.

6. RETURNS AND CANCELLATION OF ORDERS

If Products ordered from Black Wolf Brand are defective, simply return the unused and unopened portion of your Products to Black Wolf Brand by following the process set out below. Black Wolf Brand will be happy to exchange the items for other Products of your choice which have an equivalent purchase value to the returned Products.

To return and exchange Products, please

  1. make a copy of your original invoice (and include your payment information on the back of the invoice if the total cost of your exchange will exceed the value of Products being returned)

  2. enclose this copy, together with the unused and unopened portion of your Products in your return parcel, which should be packed carefully to avoid damage in transit and

  3. address and send your parcel to Black Wolf Brand, 51 West Esplanade, St Albans, VIC 3021.

7. INTELLECTUAL PROPERTY

All information and content available on the Site, including but not limited to all intellectual property rights in the domain www.blackwolfbrand.com.au and other domain names, trade marks (including but not limited to "Black Wolf Brand"), logos, text, images, graphics, photographs, data compilations, software, and modifications and updates to this material which may be made from time to time (collectively, the "Content") is the sole and exclusive property of Black Wolf Brand, and is protected by Australian and international laws, including laws governing copyright and trade marks.

Neither the Content nor any portion of the Site can be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Black Wolf Brand's express prior written consent.

8. LIABILITY IS LIMITED

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with our products, the use of our Site or Our Content.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the products, this Site or Our Content.

These limitations and terms include (but are not restricted to) loss or damage you might suffer because of:

  1. Reliance on the completeness, accuracy, suitability or currency of information, products, or services irrespective of any verifying measures taken by us (including third party material and advertisements).

  2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.

  3. Accessing Sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked Sites, nor their products and services and you access them at your own risk.

  4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

9. YOUR INDEMNITY

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products.

10. AMENDMENTS

We may amend these Terms from time to time by posting the amended version on our Site. You should visit the Site regularly to keep up to date with any amendments. In the case of an amendment, the amended Terms only apply to the Site and products ordered via the Site after the amendment takes effect.

11. APPLICABLE LAW

These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and its appellate courts.

12. GENERAL

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision in these Terms is unenforceable, illegal, or void or makes these Terms or any part of them unenforceable, illegal or void, then that provision is severed, and the rest of these Terms remain in force. If any provision in these Terms is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes these Terms or any part of them unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of these Terms in the jurisdiction where it is unenforceable, illegal or void.

13. PRIVACY

All personal information that you supply in connection with our products and services and the use of the Site will be collected, used, disclosed and managed by us according to the terms of our Privacy Policy, a copy of which is available by clicking on the link in the footer section of this page.