terms of service

1. About the Website
(a) Welcome to newyorkbarbers.com.au (the ‘Website’). The Website provides you with an
opportunity to browse and purchase various products that have been listed for
sale through the Website (the ‘Products’). The Website provides this service by
way of granting you access to the content on the Website (the ‘Purchase
Services’).
(b) The Website is operated by New York Barbers (ABN 11 079 270 492). Access to and use
of the Website, or any of its associated Products or Services, is provided by
New York barbers. Please read these terms and conditions (the ‘Terms’) carefully. By
using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of Services, immediately.
(c) New York Barbers reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When New York Barbers updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Terms for your
records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by New York Barbers  in the user interface.
3. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of the
Purchase Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(b) You warrant that any information you give to New York Barbers in the course of
completing the registration process will always be accurate, correct and up to
date.
(c) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with New York Barbers; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase
Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify New York Barbers
of any unauthorised use of your password or email address or any breach
of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of New York Barbers
providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by New York Barbers for any illegal or unauthorised use of the Website;
and
(viii) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you
will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Stripe, Paypal or Cash (the
‘Payment Gateway Provider’). In using the Purchase Services, you warrant
that you have familiarised yourself with, and agree to be bound by, the applicable
Terms and Conditions of Use, Privacy Policy and other relevant legal
documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by New York Barbers, you will
be issued with a receipt to confirm that the payment has been received and
New York Barbers may record your purchase details for future use.
(d) New York Barbers may, at their sole discretion, provide a refund on the return of the
Products within 30 days where the Product packaging is unopened and remains in
a saleable condition. You acknowledge and agree that you are liable for any
postage and shipping costs associated with any refund pursuant to this clause.
6. Warranty
(a) New York Barber’s Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major
failure of the Product and compensation for any other reasonably foreseeable loss
or damage. You are also entitled to have the Products repaired or replaced if the
Products fail to be of acceptable quality and the failure does not amount to a major
failure (the ‘Warranty’).
(b) You may make a claim under this clause (the ‘Warranty Claim ‘) for material
defects and workmanship in the Products within 30 from the date of purchase (the
‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to New York Barbers showing the date of purchase of the Products,
provide a description of the Products and the price paid for the Products by
sending written notice to New York Barbers at 30 Adams Lane, Berwick, Victoria,
3806 or by email at info@newyorkbarbers.com.au.
(d) Where the Warranty Claim is accepted then New York Barbers will, at its sole discretion,
either repair or replace any defective Products or part thereof with a new or
remanufactured equivalent during the Warranty Period at no charge to you for
parts or labour. You acknowledge and agree that you will be solely liable for any
postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by New York Barbers
and shall be the sole and exclusive remedy available to you in addition to other
rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.
7. Delivery
(a) You acknowledge that the Purchase Services offered by New York Barbers integrate
delivery (the ‘ Delivery Services’) through the use of third party delivery
companies (the ‘ Delivery Service Providers’).
(b) In providing the Purchase Services, New York Barbers may provide you with a variety of
delivery and insurance options offered as part of the Delivery Services by the
Delivery Service Providers. You acknowledge and agree that New York Barbers is not
the provider of these delivery and insurance options and merely facilitates your
interaction with the Delivery Service Providers in respect to providing the Delivery
Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services,
New York Barbers asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim
on any insurance options available; and
(ii) contact us by sending an email to info@newyorkbarbers.com.au outlining in what
way the Products were damaged in transit so we are able to determine if
the Delivery Service Provider should be removed from the Purchase
Services.
8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of New York Barbers
are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the site content and compilation of the
website (including text, graphics, logos, button icons, video images, audio clips
and software) (the ‘Content’) are owned or controlled for these purposes, and are
reserved by New York Barbers or its contributors.
(b) New York Barbers retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of New York Barbers; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of New York Barbers and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Content or third party content for any purpose. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in
the public domain.
9. Privacy
(a) New York Barbers takes your privacy seriously and any information provided through
your use of the Website and/or the Purchase Services are subject to New York Barbers Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that New York Barbers does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other
than provided for pursuant to these Terms.
(b) New York Barbers will make every effort to ensure a Product is accurately depicted on
the Website, however, you acknowledge that sizes, colours and packaging may
differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(ii) New York Barbers will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee), loss
of profit or opportunity, or damage to goodwill arising out of or in
connection with the Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of New York Barbers (including the Delivery Services), is at your own risk. Everything on the
Website, the Purchase Services, and the Products of New York Barbers, are provided to
you on an “as is” and “as available” basis, without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors,
third party content providers or licensors of New York Barbers including any third party
where the Delivery Services are made available to you) make any express or
implied representation or warranty about its Content or any products or Purchase
Services (including the products or Purchase Services of New York Barbers) referred to
on the Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) New York Barbers total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid the
Purchase Price, then the total liability of New York Barbers  is the resupply of information
or Purchase Services to you.
(b) You expressly understand and agree that New York Barbers, its affiliates, employees,
agents, contributors, third party content providers and licensors shall not be liable
to you for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any theory of
liability. This shall include, but is not limited to, any loss of profit (whether incurred
directly or indirectly), any loss of goodwill or business reputation and any other
intangible loss.
(c) New York Barbers is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of the
website of New York Barbers, by third parties or by any of the Purchase Services
offered by New York Barbers.
(d) You acknowledge that New York Barbers does not provide the Delivery Services to you
and you agree that New York Barbers will not be liable to you for any special, indirect or
consequential loss or damage, loss of profit or opportunity, or damage to goodwill
arising out of or in connection with the Delivery Services.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by New York Barbers
as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying New. York Barbers at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where New York Barbers has made this option available to you.
(c) Your notice should be sent, in writing, to New York Barbers via the ‘Contact Us’ link on
our homepage.
(d) New York Barbers may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) New York Barbers is required to do so by law;
(iii) the partner with whom New York Barbers offered the Purchase Services to you
has terminated its relationship with New York Barbers or ceased to offer the
Purchase Services to you;
(iv) New York Barbers is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use the
service; or
(v) the provision of the Purchase Services to you by New York Barbers is, in the
opinion of New York Barbers, no longer commercially viable.
(e) Subject to local applicable laws, New York Barbers reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Website or the Purchase
Services without notice if you breach any provision of the Terms or any applicable
law or if your conduct impacts New York Barbers name or reputation or violates the
rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and New York Barbers have benefited from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the provisions of
this clause shall continue to apply to such rights, obligations and liabilities
indefinitely.
13. Indemnity
(a) You agree to indemnify New York Barbers, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with any Content you post through the
Website;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(iii) any breach of the Terms.
14. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(ii) If for any reason whatsoever, 30 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
(e) Termination of Mediation:
If 30 Days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
Approved by
15. Venue and Jurisdiction
(a) The Purchase Services offered by New York Barbers is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in
the courts of Victoria, Australia.
16. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of Victoria Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to
the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds of
inequality or bargaining power or general grounds of restraint of trade.
18. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.