PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. Who we are and how to contact us
https://www.infinitythelabel.com is a website (‘Site’) operated by RYG Synergy Enterprise Pty Ltd
ACN 130 952 037 of Unit 2, 5 Hudson Ave, Castle Hill, NSW (we, us and our).
To contact us, please email admin@infinitythelabel.com
Reference to the Site, includes any garment or fashion item we have listed for sale on the Site from time to time (‘Product’).
2. By using our Site you accept these terms
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. You agree you are of legal age to enter into a contract in Australia to make any purchases on our Site.
We are the owner or the licensee of all intellectual property rights in our Site, our Products, and in the material published on the Site. All such rights are reserved.
3. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
These terms were most recently updated on 19th June 2023.
4. We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our Products, our users' needs, changes in law and our business priorities.
5. We may suspend or withdraw our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content or Products on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
6. User Account
When you elect to purchase one of our Products, you will need to register for an account through the Site.
As part of the registration process, or as part of your continued purchases of our Products, you will be required to provide personal information about yourself (such as identification or contact details), including; email address, mailing address, telephone number, password, and address. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Site and agree to be bound by the Terms and keep your password and/or email address confidential.
7. Placing an Order for Products
By placing a request to purchase Products under these terms on the Site (Order), you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order. Each Order you place will be a separate contract.
We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.
Your Order becomes a sale we have issued you a tax invoice.
Title and risk in the Products passes to you on the date and time of Delivery of the Products to you by the delivery agent.
8. Availability of Products
Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us.
If your Order is affected by a genuine error (including in a description, an image or price), we reserve the right to cancel your Order and refund any money paid to us.
We may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delay.
9. Price and Payment
When you place an Order, we will charge you and you agree to pay the price and any applicable delivery fee.
All Prices are in Australian Dollars and are exclusive of GST. You will be required to pay any additional taxes that get levied on the Order.
Payment for all Orders must be by credit card (Visa and Mastercard) or debit card, and Paypal. It is your responsibility to ensure that your payment method details are valid and up to date, and that sufficient funds are available at the time of payment processing.
10. Delivery and Shipping
Delivery of the Products (Delivery) is taken to occur at the time that:
(a) you, or your nominated carrier takes possession of the Product at our address; or
(b) we (or our nominated carrier) deliver the Product to your nominated address, even if you are not present at the address.
You must take delivery by receipt or collection of the Product whenever they are tendered for delivery. In the event that you are unable to take delivery of the Product as arranged, then we will be entitled to charge a reasonable fee for redelivery and/or storage.
11. Pricing Tiers
The pricing tiers are subject to their own specific terms and conditions as provided by us from time to time.
Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, clearance final sale, package deals, and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
Clearance items are items that include a discount of 50% or more. Clearance items are non-refundable for store credit or cash refund unless deemed faulty.
We reserve the right to:
(a) terminate, modify or extend any promotional offer at any time, without notice; or
(b) cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
12. Liability and warranties
Our 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 and for 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. Where warranties are fulfilled by the manufacturer or our suppliers, we will assist in negotiating the repair or replacement between you and the manufacturer/our supplier.
We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies.
When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the Product you have purchased. Please refer to Product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these terms.
You agree that subject to the guarantees under the Australian Consumer Law, we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from an Order or in connection with these terms. Our maximum liability to you is the replacement of the Product(s).
Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
13. Prohibited uses
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
- in any way that violates any applicable federal, state, local or international law or regulation;
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity; or
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage, or impair the Site, the computer or database connected to the Site, or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
- use any robot or other automatic device, manual process or other means to access the Site for any purpose, including monitoring or copying any of the material, or reverse engineer or decompile any part of the Site;
- use any device, software or routine that interferes with the proper working of the Site; or
- introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14. Privacy
You agree to allow us to send you emails regarding the Services, including any information regarding or relating to our Product and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
15.1 We are not responsible for viruses
We have appropriate security measures in place, including a SSL Certificate. However, we do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
15.2 We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.
15.3 Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.
16. General
Force majeure: If we are unable to perform in whole or in part, any obligation under these terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Product.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
Entire agreement: These terms (and all other terms and conditions and policies that are incorporated by these terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the New South Wales courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these terms.