TERMS AND CONDITIONS  

www.urgefootwear.com.au  (“Website”) 

Please read these Terms and Conditions before using the Website and before purchasing goods using this Website. 

Definitions and General 

In these Terms and Conditions: 

  1. "we", "us", and “our” refer to Urge Footwear Pty Limited ACN 094 753 116;
  2. "Terms" means these Terms and Conditions and includes information in any way relating to ordering goods as stated on the Website, and also includes changes made to the Terms from time to time;
  3. terms such as “including” and “for example” are not words of limitation.  That is, there may be other things included or other possible examples.

The Terms current at the time of use of the Website or order of goods using the Website, constitute the entire agreement between you and us in relation to the use of the Website and order and purchase of the goods, as relevant. 

A waiver by us of any of our rights, does not mean we will waive those rights again even if in the same circumstances. 

If any terms in these Terms are unenforceable or illegal, they will be excluded from these Terms, but all other terms will remain in force. 

Legal Agreement 

To purchase goods using this Website, you must have the capacity to enter a legally binding contract.  For example, you must be over 18 years of age.  You are also deemed to: 

  1. have read and understood these Terms; and
  2. agree to be legally bound by these Terms.
The contract formed between you and us is governed by the laws of New South Wales Australia and you agree to submit to the jurisdiction of the courts of New South Wales. 

Nothing in these Terms affect your statutory rights which cannot be excluded. 

Alteration to Website and Terms 

At any time, we may make changes to the information on the Website, including our goods and their price, and we may make changes to the Terms.  If you continue to use the Website or purchase goods using the Website, you are deemed to have accepted the Terms and the information on the Website which appear at that time. 

Product Ordering 

To purchase goods, your order must contain all necessary information required by the Website and must be made as stated on the Website. 

The submission of your order is deemed to be your offer to purchase the goods stated in the order. 

An automated confirmation of receipt of your order will be sent to the email address stated in your order.  If you do not receive this automated confirmation within 24 hours, please contact us by email to info@urgefootwear.com.au . 

The automated email confirmation is not our acceptance of your order. 

Acceptance of Order 

We are not responsible if the ordered goods are not available at any particular time, including at the time you submit the order. 

We may decline an order and will notify you if an order is declined.  If we have received payment from you for an order which is declined by us, we will refund your payment by the same method as the payment. 

Your order is accepted once the ordered goods are dispatched to you. On dispatch, we will send you a confirmatory email including your invoice and delivery details.

Payment and Price 

All prices are in Australian dollars and include Australian goods & services tax.  No other taxes or duties are included.   

Payment must be made in accordance with the ordering information stated on the Website and can only be made by credit card stated in that information. 

The cost of handling and delivery is additional and subject to change outside our control being dependent on the place of delivery, delivery method and changes to rates or other changes imposed by relevant delivery company, including Australia Post (‘Delivery Company’).   

Delivery 

Any dispatch times stated on the Website are indicative only and are not guaranteed. 

The risk of loss or damage to the goods passes to you as soon as we dispatch the goods to the Delivery Company. 

You irrevocably appoint the Delivery Company to take delivery of the goods on your behalf and delivery is deemed as soon as we dispatch the goods to the Delivery Company. 

Delivery to Destinations outside Australia 

You may be charged import duty and other taxes by relevant bodies or authorities, including in the destination country.  It is your responsibility to pay these duties and taxes to take delivery of the goods.  These amounts are not included in the price. 

We are unable to assist you in relation to customs policies of destination countries. 

Intellectual Property Rights 

You acknowledge that all designs, copyright, patents and trade marks relating to the goods (‘Intellectual Property Rights’) are owned by us or by a third party.  You cannot use, copy  or breach our Intellectual Property Rights. 

Returns Policy 

Change of Mind, Incorrect Size ordered or dissatisfied 

You acknowledge that descriptions and illustrations of the goods on the Website or otherwise communicated to you by us by telephone or other means, cannot replace an inspection of the goods by you.  

If you are not satisfied with the goods, change your mind or you ordered the incorrect size, you may return them within 10 days of receipt but they must be in their original condition, undamaged, unworn and in their original packaging (which also must not be damaged). 

You must organise the return of the goods to us, at your cost. 

If the goods are returned in accordance with these Terms, we will refund the payment you made to us by the same method as the payment. 

Faulty or Incorrect Goods 

If the goods you receive are faulty or not what you ordered, you must email us on info@urgefootwear.com.au within 10 days of receipt, quoting your invoice number, name and address, details of the goods and the reason for the return. 

We will then inform you as to how to proceed with the return (including how to organise delivery back to us), and the reasonable cost of handling and delivery back to us will be payable by us. 

When contacting us in relation to such a return, you must tell us whether you require a refund or replacement of the goods.   

If you wish to replace the goods with goods that are more expensive than the price paid for the original goods, any difference in price will be charged to the credit card used by you to pay for the original order, unless otherwise informed by you.    If you wish to replace the goods with goods which are less expensive than the price paid for the original goods, we will refund to you the difference in price.   

If you simply wish a refund, we will refund the payment you made to us by the same method as the payment. 

Insufficient Return Delivery Fee Paid 

Except where goods are returned because they are faulty or incorrect as stated above:  

Where goods are returned to us marked “return to sender” or are unclaimed, refused or returned without sufficient delivery fee or postage having been paid, then all expenses incurred by us will be deducted from any refund paid to you in accordance with these Terms.  The original handling and delivery fee is not refundable. 

Risk of Returned Goods 

You accept the risk of loss or damage to the goods until we receive them. If you are organising the delivery of the goods back to us, we recommend that you deliver the goods to us using a service that also insures the goods for their full value. 

Deemed Acceptance of the Goods 

If goods are not returned to us within 10 days of receipt or, in the case of faulty or incorrect goods, if you do not email us within 10 days of receipt in accordance with these Terms, you are deemed to have accepted the goods and no refund or exchange will be made. 

Our Liability 

Subject to any Australian or New South Wales statutory laws which cannot be excluded and subject to any specific terms in these Terms to the contrary: 

  1. we exclude to the maximum amount permitted by law, all liability for: 
    1. loss and damage incurred by you, including consequential damages and loss;
    2. any delay in delivery;
  2. you accept that the transmission of data via the internet and electronically is not secure and is transmitted at your risk, and we exclude liability for any loss relating to your use of the Website; 
  3.  we do not warrant that the Website or these Terms comply with laws of other countries; 
  4.  we exclude all implied conditions and warranties in relation to the goods. 

If there is a breach of a condition of warranty in relation to the goods, which condition or warranty is implied by statutory law and cannot be excluded then, at our discretion, our liability is limited to a refund of your payment to us or to the cost of replacing the goods, provided the original goods are returned if requested by us.  However, if our liability cannot be limited as so stated, then it will be limited to the maximum amount allowed by the relevant statutory provision.