These terms and conditions ("Terms") govern your use of this website, and any linked pages ("Website") (Part 2). By using the Website and/or the purchasing a product from us, you agree to be bound by these Terms.
These Terms are governed by the laws in force in New South Wales, Australia and you agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia. In the event that any portion of these Terms is deemed by a court to be invalid, the remaining provisions hereof shall remain in full force and effect.
These Terms supersede all previous written or verbal statements or representations and constitute the sole and complete agreement between you and us in respect of your use of the Website and Service.
We may vary these Terms at any time. We shall give notice of any variations to these Terms by posting the revised Terms on the Website. Your continued use of the Website after such notice shall constitute acceptance of the variation. Further, we shall give notice of any variations to you by email to the email address supplied by you to us. Your use of the Service after receipt of such notice shall constitute acceptance of the variation.
PART 1 – Purchasing a Product
Exchanges, Returns, Refunds
Unsatisfied with a Product You Purchased?
For underwear and intimate products we unfortunately do not offer refund or replacement due to hygiene standards.
However for all other products, shorts, t-shirts and jumpers etc if you receive a product from us and you are not completely satisfied with the size, colour, style etc we are more than happy to exchange the items purchased provided they are returned to us in original and new condition (and unwashed ) and within 14 days of you receiving the shipment.
You are responsible for the postage costs of returning the item to us. We will cover the cost of shipping a replacement item to you on the first exchange however any subsequent exchanges will incur additional postage charges. You will be charged for the additional items sent if you fail to return the original items back to us by the specified time period, however we will notify you prior to charging you for the outstanding item.
Unfortunately we cannot accept responsibility for any problems occurring in transit with products returned to us. The total amount for the items returned and accepted will be refunded to the card holder's credit card on which the original payment was made. The amount refunded will be made in Australian Dollars as per your original purchase.
We endeavour to create the highest quality products. If any product you purchase contains a fault, please contact us immediately with copy of your receipt/invoice details with the explanation of the fault. On return of the item we will send it to quality control for evaluation and if product is deemed to be a manufacturing fault happily refund you or exchange it for free and refund you the cost of returning it to us.
The address details used for the shipment of your order are the exact details supplied by you at the time of ordering. Incorrect details may result in delivery delays so it is important to check these details when ordering.
Deliveries generally take 1 to 21 working days to any part of the world. It is important to note that the Customs Agency in the country of destination (where applicable) may delay the delivery of an order for up to 4 weeks for inspection or as a random security measure. This applies to a small percentage of orders shipped and unfortunately is uncontrollable by our staff.
If no one is home for delivery of your purchase, local postal guidelines will apply.
Price and Import Tax
All prices are charged in Australian dollars. Any home currency prices listed are indicative, based on current exchange rates. The total transaction amount may vary slightly once your order is charged to your credit card, if this is the chosen payment method. The reason for this is that when your order is charged to your card, the exchange rate used by your credit card company may vary to that indicated at the time of placing the order.
The prices listed on our website do not include relevant overseas duties and other custom charges that the package may incur when entering the country of destination. The majority of shipments are delivered free of customs taxes and duties however the destination country's customs agency may select your shipment for assessment and could charge duties and taxes on your shipment. This charge varies from country to country and is not covered by us.
If you have any questions about ordering from us, please email us at email@example.com
PART 2 – USE OF WEBSITE
1. Intellectual Property Rights
The material contained on the Website is copyright . Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, or create any other material using material on the Website, without obtaining our prior written consent.
The Website, products, technology and processes contained in the Website may be the subject of other intellectual property rights owned by us or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property rights of any person.
2. External Sites
The Website may contain links to, or frame, Websites of third parties
("External Sites"). We may not maintain or update the links.
Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly indicated on the Website.
We make no warranties and accepts no liability in relation to material contained on External Sites.
If a third party links to the Website, it does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In many cases we may not be aware that a third party has linked to the Website.
Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:
Store one or more cookies in your browser;
Request your browser to transmit this data back to the web server; or
Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
The Website may store cookies on your web browser in order to improve service for you on your subsequent visits to the Website.
By using cookies, Websites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
4. Confidential Information
We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on the Website any material, information or idea, it shall be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.
5. Disclaimers and Limitation of Liability
Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, we:
Exclude all conditions and warranties implied in these Terms;
To the fullest extent permitted by applicable law, are not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of the Website;
Exclude liability for any special, indirect or consequential loss or damage including without limitation loss of revenue and loss of or damage to data, suffered or incurred by you in connection with the Website; and
Make no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose.
Without limiting the general disclaimer, we, our parents, subsidiaries, affiliates, officers and employees:
Are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date;
Are not be liable for disruptions to the Website; and
Are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Website or an External Site. You must take your own precautions to ensure that whatever you select for use from the Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
You indemnify us, our parents, subsidiaries, affiliates, officers and employees from and against any and all actions, claims, suits, demands, damages, liabilities, costs and expenses whatsoever, including legal fees on a solicitor/client basis, which we or they may sustain or incur as a direct or indirect result of or arising out of, or in any way connected to, your use of the Website.
PART 3 – USE OF WEBSITE/ONLINE STORE
1. Acceptance of Terms
Using the website is conditional upon acceptance and compliance with these Terms.
By purchasing a product from us, you agree to be bound by these Terms.
2. Intellectual Property Rights
All contents of the website are copyright . You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on, the website, in whole or in part, without obtaining our prior written consent.
3. Use of Service, Costs, Refunds
Our products are provided to you at the price posted on the Website.
You agree to the billing of your credit/debit card (as nominated by you on the Order Form) when submitting your order.
Any payments you make for goods or services are deemed firm and cannot be cancelled by you or refunded to you, except in our absolute discretion. For the avoidance of doubt, nothing in this clause shall be read as applying in a way which affects your statutory rights or results in a breach of any applicable law, and to the extent necessary shall be read down so as not to result in a breach of an applicable law.
4. Conditions of Purchasing a Product
As a condition of purchasing a product from out site, you represent and warrant that:
You are at least 18 years of age;
All information supplied by you in your order details are complete, true and accurate;
You shall keep your account username and password details secure and shall not allow other people to access your account. In the event that you suspect a security breach you shall immediately notify us.
We reserve the right to send you email messages from time to time. Such messages may include system updates, bulletins, administrative announcements, special requests, etc., and may be sent via email or regular mail.
6. Limitation of Liability
To the extent permitted by law, we, our parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from the use of any products you purchase from the website;
You indemnify us, our parents, subsidiaries, affiliates, officers and employees from and against any and all actions, claims, suits, demands, damages, liabilities, costs and expenses whatsoever, including legal fees on a solicitor/client basis, which we or they may sustain or incur as a direct or indirect result of or arising out of, or in any way connected to, your use of this website or our products.
PART 4 – SUBSCRIPTION UNDERWEAR TERMS & CONDITIONS
6 month, 12 month Monthly Subscription- upon joining the Mosmann Australia subscription service, you will receive your first men's boxers or briefs within 21 days in the post to your nominated delivery address in your nominated size and every month after that for the period nominated. Each pair of men's briefs will be selected from our quality range of our collection and will be a random colour according to your preference of boxer or brief, or both and your preference of plain or print.
Sizes- You can change your preferred size with due warning 21 days prior to release date by emailing us on firstname.lastname@example.org.
Our refund policy- we only refund or exchange damaged pair of men's boxers or briefs if notified within 14 days of receipt by you the customer. We don't refund over colours, size or style due to hygiene reasons and the nature of the purchase, which allows us to send any style and colour according to your preference of Boxer, Brief or both and either plain or print.
Cancellation policy- 6 month and 12 month upfront subscription cannot be cancelled once paid as this is single upfront payment.
Delivery times are typically less than 14 days for within Australia and less than 21 days for outside of Australia. If you haven't received your pair of men's boxers or briefs within these timeframes, please contact us via email immediately on email@example.com.
Change of address notification - if at any time change your nominated billing and delivery address you must notify Mosmann Australia immediately by email firstname.lastname@example.org with at least 21 days notice before moving. We don't take any responsibility for lost pair of men's boxers or briefs that go to the wrong or old addresses.
Our Mosmann Australia pair of men's boxers or briefs are protected under copyright and the design always remains the intellectual property off Mosmann Australia. Subscribers or general public are not permitted under any circumstances to copy, reproduce or re-sell our pair of men's boxers or briefs or their associate designs.
Limitation of Liability-In no event shall Mosmann Australia be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits.
Cost- the cost of subscription for Australian customers is a single upfront payment of AUD $129.95 for 6 months, AUD 199.95 for 12 months including delivery, handling costs. We are not responsible for any additional duties or taxes other countries may impose for your order, besides that of Australia were we operate from.
For 6 month and 12 month subscription you will be billed immediately the up front amount.