1.1. You must only use the Site in accordance with these Terms and any applicable law.

1.2. You must not (or attempt to):

• 1.2.1. Interfere with or disrupt the Site or the servers or networks that host the Site;
• 1.2.2. Use data mining, robots, screen scraping or similar data gathering and extraction
  tools on the Site; or
• 1.2.3. Interfere with security-related or other features on the Site.

1.3. To access some features of the Site, such as creating wish lists, you must register an Account with us. To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 13 years old.

1.4. To place Orders using an Account you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement and supervision of a parent or guardian, as we do not market or sell products for purchase by children.

1.5. To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account, including Orders placed using your Account,
and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent, abusive and/or
illegal activity to the relevant authorities.

1.6. You must not use another person’s Account without our, and/or the other person’s express written consent. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact our Customer Care Team immediately and take immediate action to re-secure your Account, which may include changing your Account password.

1.7. We do not represent nor warrant that the Site will be available at all times and without disruption and we provide no warranties nor representations in relation to the content of any other website linked to or from our Site.

1.8. You must not link our Site or any part of our Site in a way that damages or takes advantage of our reputation, including in any manner that suggests or implies that we are associated and/or affiliated with you, and/or in any manner that is
illegal, unprofessional and/or unfair.

2.1. The Site and the content on the Site are subject to copyright, trademarks and other intellectual property laws and rights. These rights are owned by or licensed to DMV Collective.

2.2. You must not reproduce, transmit, communicate, copy, delete, tamper with, distribute, sell, modify and/or publish and/or otherwise use any of the material
on the Site, including audio, video and text copy excerpts, except as permitted by law or statute or with our prior written consent and permission.

2.3. Information about goods on the site is based on material provided by third parties and/or product manufacturers. Except as required by law, including the Australian Consumer Law, we are not responsible for the information about goods, including any inaccuracies, errors and/or omissions in the information supplied to us by third parties.

2.4. Depictions of products on the Site may not be exactly the same as some actual products and may differ in appearance from the way they appear on the Site.

3.1. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit your Order to us.

3.2. Once you select a product that you wish to Order, final pricing will be confirmed on the Site and you must pay the displayed priced including Goods and Services Tax (“GST”) and any other charges, including any chargers you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in [Australian] dollars.

3.3. You must pay for the Order in full at the time or ordering by one of the payment methods we accept on the Site, including AFTERPAY, KLARNA, PAYPAL, Credit Cards and Electronic Funds Transfer. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

3.4. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information, including updated information, about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to take steps to prevent fraud and to authorise individual purchase transactions.

3.5. When you place an Order, you will receive and Order [Confirmation Email] from us to your designated email address in your Account. The confirmation email does not constitute acceptance of your Order, but rather it is an acknowledgement that we have received your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a [Shipment Confirmation] email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our sole discretion refuse to accept an Order from you for any reason, including but not limited to:

• 3.5.1. Stock unavailability, in which case we may ask that you re-submit your Order or
  we may offer you an alternative product;
• 3.5.2. We suspect that you may on-sell our products to other third parties; or
• 3.5.3. Us developing a suspicion that your Order is fraudulent and/or involves credit card fraud.

3.6. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel or withdraw your Order. If your Order is cancelled before it is accepted, we will promptly refund any payment already made by you to your original payment method.

4.1. We will deliver products selected in your Order to you in accordance with our Delivery Policy.

5.1. We may terminate a Contract if the product is not available for any reason. If we terminate a Contract, we will notify you of the same and return any payment that you have made in relation to the Contract. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

5.2. If you wish to cancel your Order, please contact our Customer Care Team.
Once your Order has been processed by us, it cannot be cancelled, and the product must instead be returned in accordance with our Returns Policy.

6.1. This clause prevails over all other clauses, and to the extent permitted by law, including the Australian Consumer Law, state our entire Liability and your sole and exclusive remedies for:

• 6.1.1. The performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or
• 6.1.2. Otherwise in relation to these Terms or the entering into or performance of these Terms.

6.2. Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability under the Australian Consumer Law and/or any applicable law.

6.3. Our sole duty is to exercise reasonable care and skill in performing any obligation under these Terms.

6.4. Our Liability will be capped at the value of your Order, and you agree that our Liability excludes any lost profits or anticipated profits or any punitive, exemplary, special, incidental and/or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms, however arising, including negligence.

6.5. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions, and that you agree to accept sole responsibility for the legalities of your actions.

6.6. We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.

7.1. You indemnify and hold us and our related entities, affiliates, officers, agents and employees harmless from and against any and all claims, demands, proceedings, losses and damages of every kind, including actual, special and consequential as well as all legal fees, made by you and/or third parties in relation to your breach of these Terms and/or your breach of any law or the rights of a third party.

8.1. Our Privacy Policy and communications in relation to the same are hereby incorporated into these Terms.

Any dispute between you and us will be negotiated in good faith in order to resolve the dispute. If you have a complaint or dispute, you should notify our Customer Care Team within 7 days of the dispute first arising.

10.1. These Terms and Contracts will be governed by and construed in accordance with the laws of the State of Victoria, and both parties hereby submit to the exclusive jurisdiction of the courts of the State of Victoria.

10.2. These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on our Site.

10.3. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and the validity and enforceability of the remaining provisions of these Terms will remain legally binding on you and us.

10.4. You may not assign all or any of your rights or obligations under these Terms. We will have the right to assign to any person, in our sole discretion, any right or obligation we have under these Terms.

10.5. No waiver by us of any delay or default of yours under these Terms will operate or be construed as a waiver by us of any future defaults by you. If we grant you a
forbearance or additional time to perform your obligations under these Terms, such a grant is not and cannot be construed in any way as a release, discharge or otherwise affect your performance obligations and/or liability under these Terms.

10.6. We will not be liable for any breach of our obligations under these Terms where we cannot fulfill our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, weather events, strike, lock-out, labour dispute, act of God, war, riot, technology or computer malfunction, hack or operational failure, accident or the damage caused by any such event or
events.

11.1. Definitions. In these Terms, the following terms mean:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.

Breach of Duty means the breach of any obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or common law duty to take reasonable care or exercise reasonable skill.

Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or
unenforceability of any term of these Terms or Contract formed pursuant to these Terms.

11.2 Interpretation

Headings are for ease of reference only and will not affect the interpretation or construction of these Terms.

Words imparting the singular will include the plural and vice versa. Words imparting a gender will include every gender and references to persons will include an individual, company, corporation, firm or partnership.

Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

References to ‘include’ or ‘including’ or similar words and expressions will be read as unlimited and not restricted in any manner.