Members Only Flash Sales
You must be an OnTheList member to purchase
TERMS OF SERVICE
This website is operated by [OnTheList Australia Pty Ltd] (“OnTheList Australia”). Throughout the site, the terms “we”, “us” and “our” refer to OnTheList Australia. OnTheList Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us or the store we operate on our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not be able to access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - YOUR REPRESENTATIONS
By agreeing to these Terms of Service, you represent that you are at least of the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, and you have the capacity to enter into a legally binding agreement with us.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right at any time to modify, suspend or discontinue the Service (or any part or content thereof) without notice.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Unless otherwise stated, currency used in our website, order form, receipt, statement, delivery advice or in relation to our Service is in Australian currency (AUD).
You must not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Service unless with our express written consent. We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character.
Notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
Our site may be accessed from Australia or overseas. We make no representation that our site or its contents complies with the laws of any country outside Australia. If you access our site from outside Australia, you do so at your own risk and are solely responsible for complying with the laws in the place where you access our site (if applicable).
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRICES AND ORDERS
Prices for our products are subject to change without notice. Final prices are determined at the point of checkout. You will be shown or told (on our site) the price you must pay including Goods and Services Tax (“GST”) and any other charges including any charges you are liable to have the products delivered to the address provided by you.
You must pay for your order in full at the time of ordering by one of the payment methods we accept on our site. You must be entitled to use the payment method and have sufficient funds or credit to cover your purchase. We do not provide any warranty or assurance about our payment providers’ decisions to allow you to use their service. If a particular payment service is not available to you, you may use another payment method or contact us for alternative payment method.
We may need to perform credit and security checks before accepting your order. By placing an order on our site, you expressly authorise us to perform such credit and security checks including but not limited to transmit or obtain information about you to or from third parties.
Prices may be adjusted at any point during the sale period. Adjustments do not apply to purchases already processed and cannot be the base for any claim. We shall not be liable to you or to any third-party for any modification or change in price.
A contract between us for your purchase of goods from our site will only be formed until you receive an order confirmation email from us. Any prior communication between us will not constitute acceptance of your order. We are not obliged to supply the product to you until we have accepted your order. We may in our discretion refuse to accept an order from you for any reason including but not limited to (a) unavailability of stock; (b) we suspect that your order is fraudulent or illegal; (c) we suspect that you may on-sell our products; or (d) there is an error on your order.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by applicable law.
We accept purchases of our products for personal use only. Any purchases by you as an agent (including any purchase for Daigou or surrogate shopping purpose) or for re-sell purpose are strictly forbidden. Products purchased cannot be re-sold to other people, either personally, second-handed goods stores or via any other channels such as the internet.
All products will be sold in "as is" condition and may have parts/accessories missing.
All products are sold on a first-come, first-served basis. We do not guarantee that we will have sufficient stock of any product for you to purchase.
All sold merchandise will be marked, and/or tags and plastics will be removed.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - DELIVERY POLICY
We aim to deliver products to you at your requested place of delivery within the time indicated by us but we do not guarantee that there will be no delay in such delivery. When we foresee a delay in delivery, we will try to let you know at the earliest opportunity available to us. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of delayed delivery.
You, by default, provide authority for us to leave products at the address specified in your order. If you unreasonably refuse to accept delivery or collect the products, we may charge you for our reasonable storage fees and other costs reasonably incurred by us, without affecting any other right or remedy available to us.
If we are unable to delivery to the address specified in your order we may contact you for alternative delivery options.
All risk in the product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or damage of the product. You must take care when unpacking your product.
We provide free standard delivery for orders over and above a minimum order amount in different areas as follows:
Area of Delivery
Minimum Order Amount
Metro and Regional, New South Wales
$160 per order
Metro and Regional, all states other than New South Wales
$220 per order
The above minimum order amounts for free standard delivery may change from time to time due to our delivery costs. You are advised to check the minimum order amount for free standard delivery applicable to your order at the point of checkout before you complete your order placement.
For orders not meeting the minimum order amount for free standard delivery, we charge the following delivery fees:
Area of Delivery
Metro and Regional, New South Wales
$15 per order for any order under $160
Metro and Regional, all states other than New South Wales
$18 per order for any order under $220
The above delivery fee may change from time to time due to our delivery costs. You are advised to check the delivery fee applicable to your order at the point of checkout before you complete your order placement.
This free standard delivery does not apply to products exceeding certain size or weight limits and delivery address which is not within our standard delivery zone. Due to extra care for wine or liquor delivery, we charge an additional $10 per order for wine or liquor delivery.
As soon as your order is dispatched, you will receive a confirmation email with a tracking number.
We currently do not offer overseas delivery service.
SECTION 8 - REFUND / RETURN / REPAIR / REPLACE
This section sets out our policy for refund or return, repair or replacement of products (our “Returns Policy”).
Once an order has been processed it cannot be cancelled and the product may only be returned to us in accordance with our Returns Policy. However, if we cancel your order, we will refund any payment already made by you to your original payment method.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you have received a product with a defect you will have to contact us. For all online orders, you must contact us within seven (7) days upon receiving to notify any defects on the product. We may provide you with instructions on how to return your product if your claim is valid. You may be required to send us images of the damage, defect or fault, and other supporting information for our assessment of your claim. If a product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as we deem appropriate. If the product is found not to have a defect or you otherwise do not have a remedy for a failure to comply with the consumer guarantee under the Australian Consumer Law, we will contact you to either dispose the product or return the product to you at your expense.
Goods that you purchase from our site may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us and rights you may have in relation to those warranties are separate to any warranty rights given to you by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer to identify your rights in association with the warranty documents.
While we aim to streamline your shopping experience, we do not offer any refund or provide return or exchange of goods if you changed your mind, found it cheaper somewhere else or decided you did not like the purchase or had no use for it. Moreover, no refund, return or exchange will apply to you if you purchase a product knowing or being made aware of the faults before you bought the product, or if you misuse the product in any way that caused a problem.
SECTION 9 – OTL MEMBER LOYALTY PROGRAM
We may run OTL member loyalty program through our site. The terms in this section apply to you if you are a registered member of our OTL member loyalty program. Registering with us constitutes your acceptance of these terms.
You must register with us if you wish to become a member of our OTL member loyalty program. The registration process will require you to download our application to your computer or other digital device. We will notify you if you have successfully registered with us as a member of our OTL member loyalty program. We may refuse your registration without notifying you the reason of our refusal.
It is your responsibility to ensure you update your member details if they change. You must not allow any other person to use your member details or membership. You agree that you are solely responsible for all activity that occurs using your member details or membership (including any activity by any person without your authorisation). If you become aware of any breach of security or unauthorised access to or use of your member details or membership, you must immediately notify us.
You agree that we may contact you with invitations, offers, promotions or other marketing events as part of your membership. If you do not wish to be contacted, please contact us to opt-out from such communications.
You must pay membership fee and its renewal fee(s) as directed by us unless exempted or otherwise specified by us.
We may suspend or discontinue your membership at any time at our discretion. We will contact you if we suspend or terminate your membership and advise on refund of any balance of the membership fee or its renewal fee paid by you (if applicable). If you wish to terminate your membership, please contact us and we will advise you of termination procedures and any refund of any balance of the membership fee or its renewal fee paid by you (if applicable).
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER CONTENTS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion which are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
Other than personal information, all Comments shall become and remain our property once submitted. You warrant that you have the right to grant to us the rights in respect of the Comments submitted to us. All Comments will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to any third party any material in the Comments for any purpose. We also have the right to disclose your identity in the event of any violation of intellectual property rights, right to privacy or any other rights in connection with your Comments.
You understand that your content (not including credit card information) or Comments, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We reserve the right to remove any of your Comments if we suspect such Comments may have violated any person’s rights or caused any adverse impact on us.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 – INTELLECTUAL PROPERTY RIGHTS
Our site and its content, including the “look” and “feel” of the site, colour combinations, layout, literary and artistic works, photographs, audio and video excerpts, and all graphical elements, are subject to copyright, trademark and other intellectual property rights. These rights are either owned by or licensed to us.
You must not copy, reproduce, re-engineer, modify, transmit, communicate, adapt, distribute, sell, publish or otherwise use in any form any of the material on our site, except as permitted by law or with our prior written consent.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You must not link to our site in a way that damages or takes advantage of our reputation and goodwill, including but not limited to (a) in a way to suggest or imply that you have any kind of association or affiliation with us, or approval or endorsement from us when there is none; or (b) in a way that is illegal or unfair or detrimental to us.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of our Services without notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
This clause prevails over all other clauses, and, to the extent permitted by law, states our entire liability and your sole and exclusive remedies for: (a) the performance, non-performance, purported performance or delay in performance of these Terms or any part of our contract; or (b) otherwise in relation to these terms. Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for fraud or breach of our statutory duty or obligations under applicable law.
To the extent permitted by law, we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose, legality or reliability of any information accessed using our site.
We do not guarantee, represent or warrant that your use of our site or our Service will be available at all times, uninterrupted, timely, secure or error-free. We provide no warranties in relation to the content of any other website linked to or from our site. We exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature to or from our site.
Information about goods on our site may be based on material provided by third party merchants, suppliers or product manufacturers. We cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties, except as required by law.
Some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on our site due to photographic and screen limitations associated with the representation of products. To the extent permitted by law, we also create or chose some depictions of products for promotional purposes which may not be an exact representation of the products received by you.
Any information accessible using our site is for information and reference only. You should not rely on such information to make your purchasing decisions. Instead, you should make your own enquiries before forming your own opinion and taking any action based on any such information. It is your responsibility to ensure that the products you purchase from our site are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your purposes or individual requirements. You acknowledge that the products are standard and they are not made to fit any particular requirements that you may have.
You agree that from time to time we may remove any product from our site or any of our Service at any time or for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, our site or Service is at your sole risk. Our site and its contents, including all products and services delivered to you through the site, are (except as expressly stated by us) provided 'as is' and 'as available' for your use.
Despite any other provision of these Terms to the contrary and to the extent permitted by law, in no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service or our site, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service or our site, even if advised of their possibility. In states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
You are solely responsible for the activity that occurs on your account (including any member account) with us, and you must keep your account password secure at all times. We are not responsible for any unauthorised activity on your account, including any fraudulent, abusive or illegal activity on your account resulting from your failure to keep your account login information secure. You should report any fraudulent, abusive or illegal activity on your account to us immediately when it comes to your attention.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless we and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim, demand, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. Both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales. In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the disputes.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes from time to time to our website without notice. Any changes to these Terms of Service will be effective immediately upon posting of them on our website. It is your responsibility to check our website (and this page) periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – FORCE MAJEURE
We shall not be liable for any breach of our obligations under these Terms of Service where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control or any cause that cannot have reasonably been foreseen by the parties, including but not limited to any natural disaster or Act of God (such as fire, flood, lightning, storm and earthquake), extreme or severe weather condition, famine, disease, pandemic, epidemic, war, insurrection, strike, riot, civil commotion, lock-out or lock-down, curfew, labour dispute, malicious damage, failure of any telecommunication, computer system or electricity supply, accident, compliance with any law or government act, or by any damage caused by any of such events.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at firstname.lastname@example.org
Members Only Flash Sales
You must be an OnTheList member to purchase