Terms of service

Terms & Conditions

1. About the Website

Welcome to www.uggauzland.com.au (the "Website"). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale (the "Products"). The Website provides this service by granting you access to the content on the Website (the "Purchase Services").

The Website is operated by UGG Auzland (ACN 600 980 345). Access to and use of the Website, or any of its associated Products or Services, is provided by UGG Auzland. Please read these terms and conditions (the "Terms") carefully. By using, browsing, and/or reading the Website, you signify 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 its Services, immediately.

UGG Auzland reserves the right to review and change any of the Terms by updating this page at its sole discretion. When UGG Auzland updates the Terms, it will use reasonable endeavors to provide you with notice of updates. 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

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 UGG Auzland in the user interface.

3. Registration to Use the Purchase Services

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 your email address, mailing address, and telephone number.

You warrant that any information you give to UGG Auzland 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 Website ("Member") and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if you are not of legal age to form a binding contract with UGG Auzland, or if 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 a resident or from which you use the Purchase Services.

4. Your Obligations as a Member

As a Member, you agree to comply with the following obligations. You will use the Purchase Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

 

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. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify UGG Auzland of any unauthorized use of your password or email address or any breach of security of which you have become aware.

 

Access and use of the Website are limited, non-transferable, and allow for the sole use of the Website by you for the purposes of UGG Auzland providing the Purchase Services. You will not use the Purchase Services or Website for any illegal and/or unauthorized use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.

 

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 UGG Auzland for any illegal or unauthorized use of the Website. You also acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

 

5. Purchase of Products and Returns Policy

In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product ("Purchase Price"). Payment of the Purchase Price may be made through Stripe, PayPal, Afterpay, or Zip ("Payment Gateway Providers"). In using the Purchase Services, you warrant that you have familiarized 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.

 

Following payment of the Purchase Price being confirmed by UGG Auzland, you will be issued a receipt to confirm that the payment has been received, and UGG Auzland may record your purchase details for future use.

 

UGG Auzland may, at its sole discretion, provide a refund on the return of the Products within 14 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. Delivery

You acknowledge that the Purchase Services offered by UGG Auzland integrate delivery ("Delivery Services") through the use of third-party delivery companies ("Delivery Service Providers").

In providing the Purchase Services, UGG Auzland 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 UGG Auzland 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.

In the event that an item is lost or damaged in the course of the Delivery Services, UGG Auzland asks that you contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available. Additionally, please contact us by sending an email to shop@uggauzland.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.

 

7. Warranty

 

UGG Auzland'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 ("Warranty").

 

You may make a claim under this clause ("Warranty Claim") for material defects and workmanship in the Products within 90 days from the date of purchase ("Warranty Period"). To make a Warranty Claim during the Warranty Period, you must provide proof of purchase to UGG Auzland showing the date of purchase of the Products, a description of the Products, and the price paid. Written notice must be sent to UGG Auzland by email at shop@uggauzland.com.au.

 

Where the Warranty Claim is accepted, UGG Auzland 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 labor. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

 

The Warranty shall be the sole and exclusive warranty granted by UGG Auzland and shall be the sole and exclusive remedy available to you in addition to other rights under a law in relation to the Products. All implied warranties, including the warranties of merchantability and fitness for use, are limited to the Warranty Period.

 

The Warranty does not apply to any appearance of the supplied Products, to additional excluded items, nor to any supplied Products where the exterior has been damaged or defaced, subjected to misuse, abnormal service or handling, or altered or modified in design or construction.

8. Copyright and Intellectual Property

The Website, the Purchase Services, and all related products of UGG Auzland 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) ("Content") are owned or controlled for these purposes and are reserved by UGG Auzland or its contributors.

 

UGG Auzland 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 the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of UGG Auzland. Furthermore, you are not granted the right to use or exploit any such property or system.

 

You may not, without the prior written permission of UGG Auzland and any other relevant rights owners, broadcast, republish, upload 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

UGG Auzland takes your privacy seriously, and any information provided through your use of the Website and/or the Purchase Services is subject to UGG Auzland's Privacy Policy, which is available on the Website.

10. General Disclaimer

You acknowledge that UGG Auzland does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. UGG Auzland will make every effort to ensure a Product is accurately depicted on the Website; however, you acknowledge that sizes, colors, and packaging may differ from what is displayed on the Website.

 

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.

Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded. UGG Auzland 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.

Use of the Website, the Purchase Services, and any products of UGG Auzland (including the Delivery Services) is at your own risk. Everything on the Website is 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 UGG Auzland make any express or implied representation or warranty about the Content or any products or Purchase Services referred to on the Website. This includes loss or damage suffered as a result of performance failures, errors, omissions, viruses, unlawful third-party conduct, or costs incurred while using the Website.

 

11. Limitation of Liability

UGG Auzland's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, will not exceed the most recent Purchase Price paid by you under these Terms. Where you have not paid the Purchase Price, the total liability of UGG Auzland is the resupply of information or Purchase Services to you.

 

You expressly understand and agree that UGG Auzland, 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 incurred by you, however caused. This shall include any loss of profit, goodwill, or business reputation.

 

UGG Auzland is not responsible or liable in any manner for any site content posted on the Website or in connection with the Purchase Services. Furthermore, you acknowledge that UGG Auzland does not provide the Delivery Services directly and will not be liable for any loss or damage arising out of or in connection with the Delivery Services.

12. Termination of Contract

The Terms will continue to apply until terminated by either you or UGG Auzland as set out below.

 

If you want to terminate the Terms, you may do so by notifying UGG Auzland at any time and closing your accounts for all of the Purchase Services which you use, where this option has been made available to you. Your notice should be sent in writing to UGG Auzland via the 'Contact Us' link on our homepage.

 

UGG Auzland may at any time terminate the Terms with you if you have breached any provision of the Terms, if UGG Auzland is required to do so by law, if a partner ceases offering Purchase Services, if UGG Auzland transitions out of your region, or if providing the Purchase Services is no longer commercially viable.

Subject to local applicable laws, UGG Auzland reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny access to the Website without notice if your conduct violates these Terms, applicable laws, or impacts UGG Auzland's reputation.

When the Terms come to an end, all of the legal rights, obligations, and liabilities that have accrued over time shall be unaffected by this cessation and will continue indefinitely.

13. Indemnity

You agree to indemnify UGG Auzland, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against 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, any direct or indirect consequences of you accessing or transacting on the Website, or any breach of the Terms.

14. Dispute Resolution

  • Compulsory: If a dispute arises out of or relates to the Terms, neither party may 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).

  • Notice: A party claiming a dispute ("Dispute") has arisen 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.

  • Resolution: Within 28 days of the Notice, the parties must endeavor in good faith to resolve the Dispute expeditiously by negotiation. If the Dispute has not been resolved after 28 days, the parties must either agree upon the selection of a mediator or request one be appointed by the President of Fair Trading or their nominee. The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue, and must pay their own costs associated with the mediation. Mediation will be held in Sydney, Australia.

  • Confidentiality: All communications concerning negotiations arising out of this dispute resolution clause are confidential and must be treated as "without prejudice" negotiations.

  • Termination of Mediation: If 2 months have elapsed after the start of a mediation and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by UGG Auzland are intended to be used 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 New South Wales, Australia.

16. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim arising out of or relating to the Terms shall be governed by the laws of New South Wales, Australia, without reference to conflict of law principles. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Severance

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.

Contact us:

UGG Direct Online Pty Ltd (ABN 60 600 980 345)

2/32 Dunheved Cct, St Marys, NSW 2760

℡ 02 7227 5462

📧 shop@uggauzland.com.au