Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Oktoberfest Outfitters! The terms "we", "us" and "our" refer to Oktoberfest Outfitters. Oktoberfest Outfitters operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Oktoberfest Outfitters is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you have given your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services. However, colours, materials and product appearance may vary from how they appear on your screen due to your device, display settings, photography and other factors.

Product descriptions, specifications, pricing and availability may change at any time without notice.

We reserve the right to discontinue any product at any time and may limit the quantities of products available to any person, geographic region or jurisdiction on a case-by-case basis.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Oktoberfest Outfitters reserves the right to accept or decline an order where reasonably necessary, including because of stock availability, pricing errors, suspected fraud, payment issues or other circumstances affecting our ability to fulfil the order.

Your order is not accepted until we confirm acceptance and your payment has been successfully processed.

Please review your order carefully before submitting it. Once an order has entered processing or fulfilment, we may be unable to accommodate cancellation or amendment requests.

If we need to cancel or make a material change to your order, we will attempt to contact you using the email address, billing details and/or phone number supplied when the order was placed.

Purchases are subject to our Refund Policy, together with any rights you may have under Australian Consumer Law.

You represent and warrant that your purchases are for lawful purposes.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice.

The price charged for a product will be the price displayed at the time your order is placed, subject to correction of obvious errors.

Unless otherwise stated, prices displayed on our Australian store are in Australian dollars.

Shipping and any other applicable charges will be displayed during checkout where applicable.

We may offer promotions from time to time that are subject to separate terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information where necessary so that we can complete transactions and contact you regarding your order.

You represent and warrant that you are authorised to use any payment method supplied for a purchase.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery timeframes provided by Oktoberfest Outfitters are estimates unless expressly stated otherwise.

Delivery times may be affected by courier delays, public holidays, weather events, remote delivery locations, stock availability and circumstances outside our reasonable control.

We will take reasonable steps to fulfil and dispatch orders in accordance with the delivery information provided on our website.

Where products are shipped directly from a supplier or fulfilment partner, items within the same order may arrive separately.

Nothing in this section limits any rights you may have under Australian Consumer Law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, graphics, photographs, product information, videos, website design and other content, may be owned by Oktoberfest Outfitters, our suppliers, licensors, partners or other third parties and are protected by applicable intellectual property laws.

These Terms permit you to access and use the Services for personal and lawful purposes only.

You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use protected material from the Services without permission from the relevant rights holder, except where permitted by law.

Oktoberfest Outfitters' names, logos, product names, designs and slogans may constitute trademarks or other intellectual property and must not be used without appropriate permission.

Shopify's name, logos and related intellectual property remain the property of Shopify and its licensors.

All other names, logos, product names, designs and trademarks displayed on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or functionality offered by third parties as part of the Services.

We do not necessarily monitor or control these third-party tools.

Your use of third-party tools may also be subject to the relevant third party's own terms, policies and conditions.

We may introduce new features, tools and resources in the future. Unless otherwise stated, those features will form part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, services or materials operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, policies or practices of third-party websites.

If you access a third-party website through a link on our Services, you do so subject to that third party's terms and policies.

Please review third-party policies carefully before making purchases or providing personal information.

Questions or complaints regarding a third-party product or service should generally be directed to the relevant third party, except where Oktoberfest Outfitters is responsible under applicable law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Oktoberfest Outfitters is powered by Shopify, which enables us to provide the Services.

However, sales and purchases made through our store are made directly between you and Oktoberfest Outfitters.

Shopify provides technology and infrastructure used to operate the store but is not the seller of products purchased from Oktoberfest Outfitters.

Your use of Shopify-related functionality may also be subject to Shopify's applicable terms and privacy practices.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide and improve its platform and related services.

Information may also be shared with service providers involved in areas such as payment processing, order fulfilment, delivery, website functionality, analytics and customer service.

Please review our Privacy Policy for further information regarding how personal information is collected, used, disclosed and protected.

SECTION 11 - FEEDBACK

If you submit reviews, feedback, suggestions, ideas, photographs or other content to Oktoberfest Outfitters, you grant us permission to use that material for purposes connected with operating, improving and promoting the Services, subject to applicable law.

You represent that you have the necessary rights to submit the content and that your submission does not infringe another person's intellectual property, privacy or other legal rights.

You must not submit unlawful, defamatory, misleading, abusive, obscene or malicious material or content containing harmful code.

You remain responsible for the content you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We reserve the right to correct errors and update information where reasonably necessary.

If an error affects an order you have already placed, we will handle the matter in accordance with applicable law and will contact you where appropriate.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

for an unlawful or malicious purpose;
to violate applicable laws or regulations;
to infringe the intellectual property or other rights of another person;
to harass, abuse, threaten, defame or harm another person;
to transmit false, fraudulent or misleading information;
to distribute spam, phishing messages or malicious content;
to impersonate another person or organisation;
to upload viruses, malware or harmful code;
to interfere with the operation or security of the Services;
to unlawfully collect or track personal information about others; or
to circumvent security, access controls or other protections used by the Services.

We reserve the right to suspend, restrict or terminate access to the Services where we reasonably believe these Terms have been breached.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

This section applies where software, automated systems, artificial intelligence tools, bots or other automated agents access or interact with the Services.

Automated access must comply with applicable law, these Terms and any technical restrictions, instructions or access controls implemented by Oktoberfest Outfitters or our service providers.

Automated systems must not conceal their automated nature, circumvent CAPTCHAs or other security measures, bypass restrictions or interfere with the proper operation of the Services.

We reserve the right to restrict or block automated access where reasonably necessary to protect the Services, our customers or our business.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached, fraudulent or unlawful conduct is suspected, or continued access creates a security or operational risk.

Any rights and obligations that by their nature should continue after termination will remain in effect.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through the Services is intended for general information and shopping purposes.

While we make reasonable efforts to keep information accurate and current, we do not guarantee that all information will always be complete, error-free or current.

Products and Services may be subject to guarantees, warranties and other rights that cannot be excluded under Australian Consumer Law.

Nothing in these Terms is intended to exclude, restrict or modify those rights.

To the extent permitted by law, any warranties or conditions that may otherwise be implied are excluded.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

To the extent permitted by law, Oktoberfest Outfitters will not be liable for indirect, incidental, special or consequential losses arising from the use of the Services where such liability may lawfully be excluded.

Where our liability cannot lawfully be excluded, it will be limited only to the extent permitted by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Oktoberfest Outfitters against losses, liabilities, damages and reasonable costs arising directly from:

your material breach of these Terms;
your unlawful use of the Services; or
your infringement of the rights of another person.

This section does not require you to indemnify Oktoberfest Outfitters for losses caused by our own negligence, unlawful conduct or breach of applicable consumer law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, that does not constitute a waiver of that right.

These Terms, together with policies and other terms expressly incorporated by reference, form the agreement governing your use of the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where consent is legally required.

We may transfer or assign our rights and obligations in connection with a sale, restructuring or transfer of the business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services are governed by the laws of Queensland, Australia and applicable Commonwealth laws of Australia.

Nothing in this section limits any rights you may have to bring a claim in another jurisdiction where those rights cannot legally be excluded.

SECTION 23 - HEADINGS

Headings in these Terms are included for convenience only and do not affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We may update or replace parts of these Terms from time to time by publishing the revised Terms on our website.

Where required by law, we will provide notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by law.