Terms & Conditions

Please read these Terms & Conditions carefully before accessing or using our website. Throughout the site, the terms “we”, “our” and “us” refer to Bendigo Country Clothing. By accessing and/or using our website you accept and are bound by all Terms & Conditions stated here as well as our Privacy Policy. These terms, conditions, and policies apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

You can review the most current version of the Terms & Conditions at any time on this page.

This website is operated by Bendigo Clothing Pty Ltd ABN 82 290 596 425. These Terms & Conditions form a legally binding contract between you and Bendigo Clothing Pty Ltd. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

This site and its original content, features, and functionality are owned by Bendigo Clothing Pty Ltd and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Conditions of Use

You may only use this website for lawful purposes, and you agree that the content contained within this website is only intended for your own personal non-commercial use.

You agree not to reproduce, duplicate, modify, imitate, copy, reverse engineer, sell, resell or exploit any portion of this website. You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction.

We reserve the right to refuse service to anyone for any reason at any time.

Whilst using this website, you may not:

  1. a.    violate the rights of any third-party;
  2. b.    make any fraudulent accounts, enquiries, purchases or requests;
  3. c.    infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  4. d.    track, harvest or collect any user activity or personal information of others on this website;
  5. e.    submit false or misleading information;
  6. f.     use login details other than your own;
  7. g.    upload or transmit any viruses, worms, defects or code of a destructive nature;
  8. h.    spam, phish, pharm, pretext, spider, crawl, or scrape;
  9. i.     violate security features of any device, including but not limited to this website;
  10. j.     use the website other than in accordance with the Terms & Conditions.

If you breach these Terms & Conditions, we reserve the right to suspend, terminate or limit your use of the website.

Age Restrictions

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Privacy Policy

The use of Cookies and your submission of personal information through the website is governed by our Privacy Policy. Please note that by agreeing to these Terms & Conditions you will be deemed to have read, understood and agreed to our Privacy Policy in its whole.

Products

Product prices, modifications and or discontinuations are subject to change at any time without notice. We are not liable for any price change, modification or discontinuation of any product. Product availability and product prices may vary between Bendigo Clothing’s retail stores and those found on this website.

Whilst we make every effort to display the colours and images of our products as accurately as possible, we cannot guarantee the product images are an exact representation of the actual products. All descriptions of products are subject to change at any time without notice.

Whilst we try to keep measurements as accurate as possible, please allow up to 3cm in variation for oilskin garments. Heel and shaft height measurements provided may vary by up to 5mm.

We reserve the right to limit the sales and/or quantities of our products at any time.

Orders, Shipping and Returns

We reserve the right to accept or reject an order for any reason including, but not limited to, an error in price, image, availability, product description or order details.

All orders are calculated in Australian Dollars (AUD) and the order total includes GST of 10%. We reserve the right to contact you for verification purposes before we ship your order.

By placing an order, you:

  1. a.    will be deemed to have read, understood and agreed to our Shipping & Returns in its whole;
  2. b.    confirm you are the age of majority in your state or province of residence and that the information you have provided us with is true and accurate;
  3. c.    agree that we may provide free promotional or advertising material in your shipment;
  4. d.    confirm that the payment method is your own, including but not limited to a credit card or PayPal account;
  5. e.    understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

As a company we aspire to reduce our environmental impact. Where available we may use recycled packaging to protect your order during transit.

If you wish to cancel an order, please contact us as soon as possible. If an order has already been processed or shipped, we will not be able to cancel your order.

If you wish to return an item, please refer to our returns policy.

Sales and Coupon Codes

Only one coupon code may be used per order. Percentage off coupons apply exclusively to select items and do not apply to shipping fees. Dollar/amount off coupons apply exclusively to select items and do not apply to shipping fees. No rainchecks. We reserve the right to edit, update or remove sales, sale items and/or coupon codes at any time.

Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

It is your responsibility to maintain confidentiality of your password, account details and all activities taking place under your password or account. Ensure that you are logged out of your account at the end of each session. You are still able to view the website after you have logged out. Bendigo Clothing will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause. Contact us immediately if you believe that there has been a security breach or misuse of your password or account.

Whilst we are committed to ensuring the safety and security of your payment and personal information, we will not be responsible for any loss or damage that may result if a third-party acquires unauthorised access to data you have provided to us when ordering from our website.

Completeness and Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

User Comments, Feedback and Other Submissions

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be content on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify content on this website or on any related website, including without limitation, pricing information, except as required by law. No specified update, release or refresh date should be taken to indicate that all content on this website or on any related website has been modified or updated.

If you believe that there is a typographical error, inaccuracy or omission on this website please contact us.

Damage to a Device

We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however we cannot guarantee that use of this website will not cause damage to your device/s. It is your responsibility to ensure that you have adequate equipment and anti-virus software to use this website safely.

Third-Party Links

There are links on this site to other websites that may be of interest to you. Bendigo Clothing is not responsible for information contained on those websites and each site will have their own terms and conditions. We will not be liable or responsible for any damage caused by use of these websites. Complaints, claims, concerns, or questions regarding third-party products and information should be directed to the third-party.

Disclaimer of Warranties; Limitation of Liability 

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of this website will be accurate or reliable.

You agree that from time to time we may remove the website for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, this website is at your sole risk. This website and all products and services delivered to you through this website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bendigo Clothing Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Bendigo Clothing Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website and/or services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to this site constitutes the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

Changes to these Terms & Conditions

You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

Governing Law

Bendigo Clothing’s Terms & Conditions shall be governed by and construed in accordance with laws of the State of Victoria, Australia.

Comments, Queries or Feedback

Please contact us for any further questions about the Terms of Service.