Terms & Conditions

OVERVIEW

This document, together with all documents and policies referred to herein, sets out the terms and conditions governing the access to, the use of, and the purchase of products and the related services through this e-commerce website: www.wordans.com.au ("Website"), which is branded: Wordans®.

This Website and the brand Wordans® are operated under licence by:

NETENDERS.COM AUSTRALIA PTY LTD., a Australian company, incorporated in the ASIC Registry, with company number (ACN) 644210935, and registered office at 301/27 Abercrombie Street, 2008 Chippendale NSW, Australia ("Wordans").

Wordans contact details are:

Telephone: 07 3703 1349
- Monday to Friday
- 15h-23h AEST
Contact Form

Wordans is part of the Netenders Group, whose parent company is Netenders Holding S.L. (NIF B02794154), located at Via Laietana 47, 2-2, 08003 Barcelona, Spain.

This Website is hosted by:

Google Cloud Platform (GCP) servers located in the data centre at Eemshaven, Groningen, Netherlands.

On this Website, the terms "we", "us" and "our" refer to Wordans, and the terms "you" and "your" refer to the user of and/or the purchaser from this Website, as the case may be.

Wordans offers this website, including all information, tools, and services available, conditioned upon your acceptance of these general terms and conditions governing the use of this Website and the purchase of products on it ("Terms and Conditions"). These Terms and Conditions apply regardless of the application, digital media, support, or device used to access the website, as well as all terms, conditions, policies, and notices set forth herein.

Wordans offers a wide variety of products for sale through its e-commerce platform, including clothing, blank apparel, items, goods, electronic devices, and other merchandise, mainly provided by third-party suppliers ("Products").

Before using this Website, please carefully read these Terms and Conditions, as well as all of our policies and notices, as it may be amended and/or modified at any time, and remain in effect on the basis of its publication until superseded by others. The Terms and Conditions applicable to you are those in force on the day you access and/or place an order on the Website. By using this Website or placing an order through this Website, you agree to these binding Terms and Conditions, and to our policies. If you do not agree to all the Terms and Conditions and policies, please do not use this Website and its content.

These Terms and Conditions will be structured in three sections, as follows:

Section I: Terms of Use
Section II: Terms of Sale
Section III: Common Terms

SECTION I: TERMS OF USE

ARTICLE 1 - ACCESS AND USE

The contents of the Website are intended for the general public access and are freely available to Internet users worldwide. However, some age restrictions may apply to the use of the Website.

To place an order and purchase products, you must have the legal capacity to act and be bound by a contract according to the applicable law and regulations in force in Australia and in the jurisdiction of your residence ("Customer/s").

To create an account or subscribe to our newsletter, you must acknowledge that you are legally capable of sharing your personal data, in accordance with applicable data protection regulations.

We reserve the right to ask you, at any time, to provide proof of your age and/or legal capacity with acceptable documentation (e.g., government-issued ID). In the event that we verify that you are not of the required legal age or that you do not comply with our requirements, we may ban you from making purchases and may deregister and unsubscribe you.

ARTICLE 2 - USER/COMPANY ACCOUNT

We encourage our Customers to register a "User Account" or "Company Account" on the Website. However, this Website also allows access and use, and the purchase of Products as a "Guest".

You will also be able to access, use, and purchase with your Facebook or Google accounts, choosing the options "Sign in with Facebook" or "Sign in with Google", and providing your relevant credentials. Please note that when using third-party services to access our Website, you must also adhere to the terms and conditions set by those services in addition to our own terms. The access through your Facebook or Google accounts is also governed by the terms and conditions set out by Facebook and Google, respectively, and Wordans shall not be liable for any possible default on your part with respect to those terms and conditions.

If you choose to register on the Website creating a User/Company Account, Wordans will send a welcome email through the contact means selected by you. By creating a User/Company Account, you expressly consent to our processing of your personal data in accordance with our Privacy Policy.

Wordans is committed to protecting and respecting your privacy in accordance with the Australian Privacy Act . When you register for a User/Company Account or make a purchase, we collect and process your personal data to provide you with the services and products you request. We ensure that your data is stored securely and used only for legitimate business purposes. For more information on how we handle your data and your relevant rights, please refer to Article 19.

You are responsible for the security and confidentiality of your username and password, and for all activities that result, directly or indirectly, from the access and use with your User/Company Account.

Further details on how to make a purchase in the different modalities are specified in the "Order Placement" section below.

We reserve the right to prevent you from accessing or deregistering you from your User/Company Account if your behaviour constitutes a breach of these Terms and Conditions, our policies, or any applicable law and regulations.

ARTICLE 3 - USER RESPONSIBILITIES

Your access and/or use of the Website, and your use of any information contained therein, are made under your sole responsibility.

You undertake and assume full responsibility for diligent and appropriate use of the Website, as well as of the information relating to your User/Company Account or your purchase of the Products, in full compliance with the applicable law and regulations, morality and good customs, public order, and these Terms and Conditions and all documents and policies referred to herein.

Accordingly, you agree:

To the Website solely for placing product orders or accessing information as permitted under these Terms and Conditions.
Not to purchase or use the Products for any unlawful purpose or for the promotion of illegal activities.
Not to place any false or fraudulent purchase orders, or otherwise, if we can reasonably assume that an order of this kind has been made, we shall be authorised to cancel the order and inform the relevant authorities.
To respect the rest of users of the Website.
To provide your truthful and correct contact information and data, and to consent that we use your information to contact you in accordance with our Privacy Policy.
Not to post comments, reviews or other content that is illegal, violent, pornographic, derogatory, malicious, defamatory, libellous, abusive, threatening, false, inaccurate or racially, sexually, religiously or otherwise objectionable and offensive; and/or inappropriate or unrelated to our business or our Products.
Not to perform any action intended, or that could damage, disable, overload, overburden, render useless and/or impair the proper functioning of the Website, or to prevent in any way its normal use and/or operation.
Not to make any automated use of the Website or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
Not to transmit any content that may contain viruses, scripts, or other malicious code or programs with destructive or deleterious properties or programs designed to interrupt, destroy or limit the functionality of any software or hardware.
Not to interfere with or condition in any way the security of the Website or to abuse the resources, products and services available on it.
Not to delete or alter any copyright, trademark and/or other proprietary rights displayed on the Website.
Not to access, modify, adapt and/or reverse engineer, decompile, disassemble or otherwise interfere with the Website.
Not to insert any data or hyperlinks on the Website, except those expressly authorised by us in accordance with the provisions of the section "Links Policy" set out below.
Not to request login information or access to an User/Company Account belonging to another user/company.
Not to collect or harvest any data of any user of the Website.
Not to create more than one personal User Account.
Not to use the User/Company Account registered on the Website for financial purposes.
Not to share your credentials or perform any act that compromises the security of your User/Company Account.
To log out of your User/Company Account once you have finished accessing and using the Website.
To inform us of any misuse of our Website and/or Products, or of a violation of these Terms and Conditions, or of a security and confidentiality incident related to your User/Company Account, via the contact form available in the Website.

In the event of non-compliance with these Terms and Conditions or any other provision or policy contained on the Website, or any regulation in force, we reserve the right to limit, suspend and/or cancel your access to the Website, adopting the necessary technical measures to this effect, at any time and without prior notice.

We reserve the right to remove any user content that violates these conditions and, where appropriate, to ban the responsible User/Company Account.

You are also responsible for maintaining the security and confidentiality of your User/Company Account and password. Please ensure that your login credentials are kept confidential and notify us immediately of any unauthorised use of your User/Company Account or breach of security.

We recommend regularly updating your software and using comprehensive antivirus solutions to protect your devices from viruses and other malicious attacks when accessing the Website. If you suspect any unauthorised use of your User/Company Account, immediately notify us via our Contact Form to help prevent further damage or loss.

You shall be liable for damages of any kind that Wordans or third parties may suffer as a result of a breach of your obligations by virtue of these Terms and Conditions, our policies and notices, or any other applicable law or regulation.

ARTICLE 4 - COMMENTS, REVIEWS, AND OTHER CONTENT

You may be able to enter your own comments, reviews, or other content on the Website, in accordance with these Terms and Conditions.

By posting content on our Website, you grant us a non-exclusive, royalty-free licence to use, reproduce, modify, and display this content worldwide as part of our services, according to these Terms and Conditions. You also allow us to use the username associated with your content.

You are solely responsible for the comment, review, or other content you post, upload, link, or otherwise make available on the Website. In no case does the comment, review, or other content reflect our opinions or beliefs. Please consider the impact of your words and the permanence of your content online before posting.

We are not responsible for any errors, inaccuracies or irregularities that may be contained in the comments, reviews, or other contents published by you, nor for any damage that may result from the inclusion of such comments, reviews, or other contents. We do not guarantee the accuracy, completeness, or usefulness of any information contained in any posted comments, reviews, or other contents on the Website, nor do we adopt, endorse, or are responsible for the accuracy or reliability of any opinion, advice, or statement made by you or any third party.

When publishing a comment, review, or other content on the Website, you grant Wordans (i) a non-exclusive, royalty-free, sublicensable, transferable, unlimited, irrevocable, worldwide licence to reproduce, use, distribute, modify, publish, list information regarding, edit, translate, publicly perform, publicly display or any other type of activity on it, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, to the extent permitted by these Terms and Conditions; and (ii) the right to use the name you have used in connection with such comment, review, or other content. No moral rights are transferred by the effect of this clause. While you retain moral rights to your content, you agree not to enforce these rights against us as long as we use your content in accordance with the permissions you grant under these Terms and Conditions.

You declare that you are the owner of the rights to the comment, review, or other content, if any, or guarantee that you have the necessary rights and authorisations from the author for their use by you, us, and third parties.

Wordans is not responsible for any damage that may be caused by the use, reproduction, distribution, public communication, or any other type of activity carried out on the contents protected by intellectual property rights belonging to third parties, without you having duly obtained the necessary authorization from the owners to carry out the use that you intend to make.

Wordans has the right, but not the obligation, to determine whether your comment, review, and other content is appropriate and comply with these Terms and Conditions and the regulations in force, and may remove any and/or all or your submissions, and cancel your User/Company Account, with or without prior notice and at our sole discretion.

The Website does not and cannot pre-screen all of your content. However, at our sole discretion, we, or the technology we employ, may monitor and/or record your interactions with Wordans, the Products, or other users.

We reserve the right to moderate, remove, or edit content at our discretion, especially if it violates our community standards or these Terms and Conditions.

ARTICLE 5 - SOCIAL MEDIA

Wordans has profiles on some social media (such as, Facebook, Instagram, TikTok, or the like), in order to inform, promote, and offer the Products.

By following or interacting with our social media profiles, you agree that we may access publicly available information on your profiles and send you messages or updates. Any interaction through these platforms is also subject to the terms and conditions of the respective social media platform apart from these Terms and Conditions.

In this respect, Wordans can carry out the following actions:

Access the public information of your profile.
Send you individual messages through social media channels, where permitted.
Update the profile status to be displayed in your profile.

We will communicate with you through social media only where you have explicitly agreed to receive such messages. Please review your privacy settings on these platforms to manage how we can interact with you.

We may host contests, giveaways, and other promotional events on our social media pages, subject to specific rules and terms that will be published for each event. Participation in any such event implies acceptance of its respective rules.

ARTICLE 6 - ADVERTISING

We may include third party advertising and/or sponsorship content on the Website.

All advertisements and sponsorships will be clearly marked or labelled to distinguish them from editorial content or user-generated content on our Website.

Advertisers and sponsors are solely responsible for ensuring that the content submitted for inclusion on the Website is in full compliance with any law and regulation which, in each case, may be applicable.

Consequently, Wordans cannot be held responsible for any errors, inaccuracies and/or irregularities that may be included in the advertising and/or sponsorship content, nor for the non-compliance with the regulations in force.

While we do not directly control the content of advertisements, we strive to partner with reputable advertisers and sponsors who share our commitment to compliance with applicable laws and regulations. If you encounter any advertisement or sponsorship that seems misleading or inappropriate, please let us know through our Contact Form. We are committed to reviewing all such feedback to ensure compliance with our advertising standards.

ARTICLE 7 - LINKS POLICY

7.1 - LINKS TO THE WEBSITE: Third parties who intend to include on their website a link or a frame to our Website ("Linking website"), must necessarily obtain the prior written authorisation from Wordans.

To request authorization to link to our Website, please submit your request through our Contact Form. We evaluate such requests based on factors including but not limited to the content quality and relevance to our Products.

Under no circumstances does the authorisation granted by Wordans mean that we approve, endorse, promote, guarantee and/or recommend the content and/or services of the Linking website or that we are responsible for the content thereof.

The Linking website must comply with the applicable law and regulations in force and may not host any content, whether its own or that of third parties, that is illegal and/or harmful, violent, racist, denigrating, and/or inappropriate or irrelevant to our Products.

We recommend exercising caution when clicking on external links. We are not responsible for the content or privacy practices of other sites and advise you to read their terms and privacy policies.

If we discover that a Linking website hosts content that becomes inappropriate, illegal, or non-compliant with any of the above conditions, we will rescind our authorisation and require the removal of the link.

7.2 - LINKS TO OTHER WEBSITES: The Website may include links that allow you to access other Internet websites ("Linked websites").

Under no circumstances does the existence of Linked websites imply recommendation, endorsement, promotion, identification and/or compliance by Wordans with the statements, content and/or services provided through the Linked websites.

Wordans has no control over third party’s websites, applications, software, content, promotions, information, products, or services available on these other websites. Therefore, Wordans shall not be responsible for such platforms and content, or the terms and conditions or other policies of the Linked websites, and you are solely responsible for verifying and accepting them each time you access and use them.

ARTICLE 8 - DISCLAIMER

Wordans endeavours to maintain the Website in good working order, avoiding errors or, if necessary, repairing them, and keeping the content of the Website duly updated. However, Wordans does not guarantee the availability and continuity of access to the Website or the absence of errors in its content, nor does it guarantee that the Website will be updated in a timely manner.

YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY STATED, THIS WEBSITE AND ITS PRODUCTS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THIS WEBSITE OR TRANSACTIONS THAT OCCUR THROUGH THE SERVICES OFFERED, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR ACCESS AND/OR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

While we strive to maintain the Website's availability and integrity, we cannot guarantee uninterrupted access or that our preventive measures will always prevent cyber threats.

Wordans cannot be held responsible in the following cases:

For any damages, losses, or liabilities incurred directly or indirectly from accessing or using the information contained on the Website and, in particular, information concerning third parties, including, but not limited to, those caused by the introduction of viruses and/or by computer attacks.
For any damages, losses, or liabilities that you may suffer as a result of your negligent or inappropriate use of the Website, or breakdowns, interruptions, absences and/or communication faults.
For any damages, losses, or liabilities to your software or hardware resulting from access or use of the Website.
For any damages, losses, or liabilities arising out of the unauthorised use of your username, password and/or User/Company Account.
For any infringement of the Website, or its elements or content, committed by an entity other than us.
For any infringement resulting from any failure on your part.
For any infringement arising from your misuse of the Website, not complying with these Terms and Conditions or any other applicable law or regulation, or our policies and notices.
For any incident, suspension, interruption, or failure of the Internet that prevents the availability and/or continuity of access to the Website.
For the accuracy, legality, or safety of information provided by third parties accessed through our Website.

We reserve the right to make changes, deletions and/or updates to the information contained on the Website, its configuration or presentation at any time.

Wordans and its licensors own all right, title and interest in the Website and in all related territory and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.

SECTION II: TERMS OF SALE

ARTICLE 9 - PURPOSE

The purpose of the Website is to promote and offer the Products for sale and to provide related services, such as shipping solutions, payment methods, and custom orders.

When you wish to purchase a Product from our Website, you must acknowledge and consent to these Terms and Conditions and all the documents and policies referred to herein without reservation by ticking the checkbox confirming you have read and accepted these Terms and Conditions during the purchase process. This action will have the same legal effect as a handwritten signature and will constitute a binding sales contract between you and us ("Contract").

The Products may be purchased by our Customers for personal, family, or household use, or for business or commercial purposes, either as an individual or on behalf of a legal entity. However, Wordans shall not be held liable for any use of the Products for redistribution, resale, manufacturing or industrial processes, modification, or for any use beyond their intended purpose, including improper or unlawful usage.

ARTICLE 10 - PRODUCTS

The Product/s offered in the Website are typically manufactured and produced by third-party brands and companies that supply their products to Wordans for distribution and/or dropshipping ("Supplier/s").

The offers of Products presented on the Website are valid within the limits of available stocks. We show the availability information of our Products on the Website on each Product page or elsewhere on the Website.

We reserve the right to limit the sale of any Products in a particular geographic region or jurisdiction, to limit the purchase quantity of any Product we offer. We will assess whether we should exercise this right on a case-by-case basis.

We reserve the right to stop offering a Product at any time.

All Product descriptions are subject to change at any time without notice and at our sole discretion.

The choice and purchase of the Products are your sole responsibility and do not engage the responsibility of Wordans.

The Products offered on the Website comply with the applicable law and regulations in force in the country corresponding to the domain of the Website. Wordans cannot be held liable in the event of non-compliance with the regulations of another country where the Products are delivered. It is therefore your responsibility to check with the local authorities in your country the possibilities of importing or using these Products.

We strive to provide the most accurate representation possible of our Products on our Website, including their colours and images. However, please note that variations may occur. We cannot guarantee that the colours displayed on your computer screen will precisely match the actual product colours, due to differences in screen settings and other factors. Despite our efforts, Wordans cannot be held responsible for any discrepancies in Product presentation.

The use of our Products for any illegal, unlawful, or unauthorised purpose is strictly prohibited.

ARTICLE 11 - ORDER PLACEMENT

11.1 - PURCHASE PROCESS: By clicking on the Products' photographs or item designations, you will have access to their full details and characteristics.

By selecting the Product you wish to purchase and indicating the quantity of items you want, and then clicking on the "Add to cart" button, the Product/s will be placed in a virtual shopping cart.

By clicking on the pictogram representing a shopping cart or bag, at the top right of the Website page, you will have access to a summary page of the Product selection you have just made, with details on all of the Products you have added, and various options concerning the purchase order.

When you want to place the order of the Products in your virtual shopping cart, you can continue the procedure by clicking on the "Checkout" button.

If you have already registered your User/Company Account and have not yet logged in, you can log on at this stage with your username and password in order to automatically use your saved data to place your order. Otherwise, you can register by creating a User/Company Account or continue shopping without creating an account, i.e. purchasing as a "Guest". In this Guest mode of purchase, you will only be asked for the essential data to be able to process your order. Additionally, you may place your order directly through the "Express Checkout" option or through your Facebook or Google account credentials.

When using a Company Account you will be entitled to deduct VAT only if you have included your VAT details when placing the order, except in USA and Canada; otherwise, VAT will not be refunded.

In order to confirm your purchase order, you will need to specify the relevant invoicing information, shipping information and delivery options, as well as the payment method details that suit you best (e.g., credit/debit card number, validity date and security cryptogram on the back of the payment card; payment processor account information; bank transfer/debit information, or other) and then proceed to payment.

It is specified that your bank details will not be kept either by the Website or by Wordans, except it is strictly necessary, properly encrypted and for a limited period of time, in compliance with all current and applicable financial and banking data protection regulations (e.g., PCI DSS).

Once the purchase process has been completed and confirmed, a purchase order will be issued to you ("Order"). After a few moments, we will send you an email confirming your Order, reminding you of the content of the Order and the price of it.

11.2 - PURCHASE CONDITIONS: The Products sold shall remain the property of Wordans or the Suppliers until payment in full of the price thereof, in accordance with the provisions of the "Retention of title" section below.

We reserve the right to decline or cancel any purchase order for which there may be a dispute concerning the payment of one or more previous orders.

You agree to provide current, complete, and accurate order and User/Company Account information for all purchase orders placed on the Website. You agree to promptly update your User/Company Account and other information, including your email address and credit/debit card details, so that we can complete your transactions and contact you if necessary.

When the ordered Products are delivered from abroad, depending on the warehouse location, you may be subject to import duties and taxes, which are collected when the package arrives at its destination. Any additional customs clearance costs will be your responsibility; we have no control over these charges. Customs policies vary greatly from country to country, so you should contact the local customs department for more information. Additionally, please note that when ordering from Wordans, you may be considered the importer of record and must comply with all laws and regulations of the country in which you receive the Products.

We may have to cancel your Order due to payment processing issues. In such an unlikely case, you can contact us to seek for an alternative solution (e.g., another payment method) and then you can click on the "Order Again" button on your Order Page to repeat the Order.

In the unlikely event that the selected Product/s becomes "Out of Stock" or "Unavailable" while processing your Order, we will automatically send you a coupon code for the price of the Product that is out of stock/unavailable, but you will also have the possibility to exchange the coupon for a reimbursement within the timeframe and conditions set out below for returns and refunds.

ARTICLE 12 - CUSTOM ORDERS

In addition to our standard Products, certain selected items on our Website may offer a customisation service to customise the Products. When this option is available, Customers will have access to our customisation tool, which includes various features for custom artwork, text, and/or design to be printed in the Product/s ("Custom Order/s"). Please note that Custom Orders are subject to our specific Customization Policy, which states the terms and conditions of the customisation process and standards.

By placing a Custom Order, you agree to be bound by both the Customization Policy and these Terms and Conditions.

ARTICLE 13 - DELIVERIES

13.1 - ORDER PROCESSING AND SHIPPING: When we have reviewed and checked that your purchase order is correct, we will process the Order with our Suppliers and/or warehouse before shipping the Products via delivery service provider ("Transporter") to the address indicated by you in the Order.

The available Transporters will be displayed on the Website, ensuring that the delivery is made under appropriate conditions. Once the Product has been shipped, we will send you an email informing you about the dispatch of the Order, including the tracking number provided by the Transporter, as well as instructions to track the shipment online.

Wordans will endeavour to ensure that the Product/s purchased by you are delivered within a reasonable time frame from the Order confirmation email. However, delivery dates are not guaranteed and may vary due to several factors, including but not limited to: production delays for certain products (e.g., multiple prints per t-shirt), large orders (e.g., over fifty Products), post office box deliveries, payment authorization and verification, issues with uploaded custom designs, regional holidays, customs clearance, order information errors, Supplier or Transporter issues, weather conditions, delivery complications in remote areas, or other operational factors beyond our control.

If we are unable to meet an agreed delivery date, we will inform you as soon as possible and give you the option to either proceed with the purchase with a new delivery date or cancel the Order and offer you a refund in the form of a reimbursement or a coupon, subject to the conditions set out below for returns and refunds.

Unless in exceptional circumstances, deliveries are not made on Saturdays, Sundays, or public holidays for the Transporter, in which case delivery will resume on the next working day.

13.2 - DELIVERY ISSUES AND RESPONSIBILITIES: Wordans will not assume any responsibility when the delivery of a Product does not take place or is delayed due to inaccurate or false information provided by you in the Order, or if the delivery cannot be made for reasons beyond our control, such as force majeure, non-deliverability, or abandonment (e.g., not picking up the product at the collection point in time).

The packing/shipping labels validated by the Transporter shall be considered proof of shipment. Delivery of the Products is deemed to have taken place from the moment they are made available to you. If a Transporter is unable to deliver a package due to unforeseen circumstances beyond our control, such as natural disasters or service disruptions, we will make reasonable efforts to assist in resolving the issue but cannot be held responsible for non-deliverability in such cases.

If a package is returned to us as undeliverable and the Customer does not respond to our contact attempts to arrange redelivery or provide an alternative address within 30 days, the package will be considered abandoned. We will then understand that you wish to withdraw from the Contract, and we shall consider it terminated. The Customer may be liable for any additional shipping and handling fees for reattempting delivery or for storage.

All Products purchased on the Website will be delivered in a secure package. Upon receipt of your package, you must check the conformity of the Product/s delivered at the time of delivery by opening your package in the presence of the Transporter. In the event of any anomaly in the delivery, you must immediately inform the Transporter, referring to the damage on the proof of delivery document, and our customer service using our Contact Form. You declare and acknowledge that a proof of delivery without reference to any damages presumes that there was no damage, corresponding to a Product delivered in perfect packaging conditions. If you detect any damage to the Product after opening the packaging, you have twenty-four (24) hours after acceptance of the Order to contact us and report the incident using our Contact Form. Since we are not in charge of the delivery of the Product, we will initiate an investigation with the Transporter. In any case, you undertake to provide all evidence allowing us to file a claim with the Transporter.

If we are unable to deliver the ordered Product/s due to the Suppliers' failure, for reasons for which we cannot be held responsible, we shall have the right to withdraw from the Contract. In this case, we will inform you immediately and offer you a refund in the form of a reimbursement or a coupon, deducting additional costs that may result from your choice of a delivery method other than the standard delivery method offered by us.

To report an item not received, you should contact us via our Contact Form.

ARTICLE 14 - PAYMENT TERMS

14.1 - PRICE: The prices of the Products are indicated in the legal currency including the corresponding value added tax (VAT) or other taxes, where applicable, depending on the country where the Products are delivered, but excluding shipping costs.

Prices may vary at any time, depending on the Supplies’ pricing lists and the pricing policy of the various manufacturers, so we reserve the right to modify the prices at any time, at our sole discretion, and without notice. We will invoice you on the basis of the price in force at the time of the Order.

If we discover an unlikely error in the price of any Product/s you have ordered, we will inform you as soon as possible and give you the option of reconfirming the Order at the correct price or cancelling it. If we are unable to contact you, the Order will be treated as cancelled and if you have already paid for the Product/s you will receive a full refund.

We are under no obligation to sell the Product/s to you at an incorrect price, even after we have sent you the Order confirmation email, if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.

14.2 - PAYMENT METHODS: The available payment methods will be displayed on the Website.

Credit/debit card payments are made through secure transactions provided by an online payment platform. Credit/debit card payments will be subject to verification and authorisation by the credit/debit card entity. If the credit/debit card entity delays or does not authorise the payment, we will not be responsible for any delay or non-delivery since we will be entitled to withhold the shipping until payment or to cancel your Order and lawfully terminate the Contract with you without any liability.

By proceeding with the payment you are confirming that the credit/debit card is yours and/or that you are the legitimate holder of the voucher or gift card.

14.3 - INVOICING: The Customer expressly consents to the Order invoice being issued in digital format using the information provided by you during the purchase process.

If you have registered under a Company Account will have the option to provide your VAT number, which will appear on the electronic invoice of each Order. Also, at checkout you will have the option to confirm whether the shipping information is the same as the billing information or to specify a different one. If you have any special billing requirements or need to include any additional information in the invoice about the purchasing company, you should contact us via our Contact Form.

For Company Accounts who are entitled to deduct the VAT, it is mandatory to include the VAT details in the checkout when placing an Order, or otherwise VAT will not be refunded.

In accordance with the applicable laws and regulations governing the value added tax to the sale of goods and services, the place of supply shall be deemed to be the location where the goods are delivered, and the applicable taxes shall be those in force in that jurisdiction. Consequently, the company issuing invoices may vary from the company operating this Website, depending on the country where the Products are delivered, contingent upon the existence of a subsidiary company within the Netenders Group in that country. This variation can impact the inclusion of value-added tax or equivalent taxes on the invoice, potentially resulting in changes to the total invoice amount in certain instances.

Payment by wire transfers will not be processed until confirmed within 48 hours.

Should you wish to receive the invoice in hard copy, you may request this at any time by contacting us via our Contact Form.

14.4 - SHIPPING COSTS: Shipping costs are at your expense and are invoiced in addition to the sale price of the Products, except in the case of "Free Shipping" offers under specific conditions expressly stipulated on the Website.

The shipping costs are determined based on the place of delivery and the size of your Order.

ARTICLE 15 - RETENTION OF TITLE

The Products sold shall remain the property of Wordans or the Suppliers, as the case may be, until they are paid for in full, or at the time of delivery, whichever is the latter. However, the risks related to the Products shall be borne by you from the time of the delivery of the Products.

It is strictly forbidden to pledge, give them as security, transform them or modify them before the transfer of ownership.

ARTICLE 16 - RETURN POLICY

We do not accept cancellations or replacements, if you do not want the Order you must follow the returns and refunds procedures according to this policy.

In accordance with the Australian Consumer Law (ACL), you have a period of fourteen (14) days from the date of receipt of the Product ("Return Period") to exercise your right to withdraw from the Contract, proceed with the return of the Product, and claim for a refund.

Returns may be due to many reasons, including:

Defective or Damaged: The item arrived with defects or was damaged during shipping.
Incorrect Size: The apparel does not fit as expected based on the size chart.
Wrong Item Sent: An incorrect item was received.
Not as Described: The item substantially differs in colour, material, design, appearance, size, or functionality from the description or images provided.
Quality Issues: The fabric, material, or overall build quality is unsatisfactory.
Late Delivery: The item did not arrive in time for a specific occasion or event when it was previously stated that time was of the essence.
Incorrect Customization: For Custom Orders, the customization (e.g., logo or text) is incorrect.
Insufficient Quantity: The Order did not include the correct number of items.
Duplicate Purchase: The Customer accidentally ordered more than one of the same item.
Package Lost: The Customer never received the package with the Products ordered.
Other: Any other reason not listed above.

However, the Consumer is not obliged to give any reason or justification.

First Steps

Upon delivery of the Products you must inspect them thoroughly and without delay to note any discrepancies or apparent defects. You must treat the Products with care, since we will undertake to refund the returned Product provided that it is returned intact, in its original protective packaging, in the same condition as when it was received, without trace of use, and accompanied by the documents specified below.

Any Product returned without observing these Terms and Conditions will not be refunded.

If the Products are received directly by a partner, a printer, or any other third party, they will be considered as delivered, so we suggest that these third parties imperatively examine the Products before proceeding to use them, customise them, or manipulate them in any other way.

If you do not request a return within the Return Period, the Products delivered shall be deemed approved, and your right to withdraw from the Contract shall be terminated.

Return Procedure

If you notice any visible issues such as damage, incorrect, or missing items, immediately request a return through your Order Page by clicking the "Request Return" button to initiate the return procedure as soon as possible within the Return Period. Prompt action will help ensure that any problems are resolved quickly and efficiently.

To access the Order Page you must (i) go to your My Orders page if you already have a User/Company Account; or (ii) go to the Track Order page and provide the required details or your Order if you do not have an User/Company Account.

To exercise the right of withdrawal you must:

Provide proof: When making a return request it is important that you provide us with the necessary information to help us return your Product, including the following:

A photo of the complete delivery note or invoice with the items delivered.
A photo of the outer packaging.
A photo of the opened box where the packaging protection can be seen.
A photo of the damage or defect on the Product.
A photo of the entire Product.

Await Instructions: After receiving the completed return request, we will contact you via email to provide you with instructions for returning the Product.

You must not return the Product without first reading the email instructions carefully.

The Product/s must be returned accompanied by its original purchase invoice, and/or the delivery note provided at the time of your Order. Once your return has been preliminarily approved by our Customer Service team, we will send you a return label and a return receipt by email. You must print these two documents, attach the label to the package and place the return receipt inside.

You must then return the Product/s to the address that will be indicated to you as mentioned above. You will be responsible for complying with the return procedure. If the Products are sent to an address other than the one we have indicated to you, we reserve the right to refrain from any refund or, if possible, take the necessary operational actions at your expense.

Return the Product/s: Upon receipt of the returned Product/s, we will acknowledge receipt by email. After examining the returned Product/s according to the requirements stated herein, we will decide whether the return is definitely approved and the refund accordingly. The return shipping cost will be deducted from your refund or covered by us according to the rules outlined below. Ensure the return slip is present in the return package to avoid any extra charges that may apply if we cannot locate the return slip in the warehouse. There are exceptional cases in which the Product does not need to be returned for the refund to be validated, e.g., Products that are broken and unfit for purpose or Products/shipments that did not arrive.

Refund Procedure

After we examine the returned Product and verify compliance with these terms, the refund will be processed according to the type of refund you have selected in your return request: reimbursement or coupon.

If you choose a reimbursement, we will repay you by using the same payment method used for the initial transaction. Should the original payment method be not valid anymore for whatever reason (e.g., account deleted or credit card expired), you must specify it in the comment section of your return request, expressly detailing the reason and the preferred method of payment. The refund will be for the total amount you paid for the relevant Product minus the return shipping that will be deducted. Return shipping costs depend on the Supplier and the warehouse location of each Product, and on the size of the Order. If you are registered under a Company Account, all non-defective Product/s returned may be subject to a restocking fee of up to 30% of the purchase price plus the return shipping cost, depending on the size of the Order and the charges from our Supplier. Without undue delay and at the latest within fourteen (14) days, except for delays outside our control, we will make the reimbursement. However, we reserve the right to postpone the refund if we have not yet received the returned Products in such a period of time.
If you choose a coupon, we will send you a coupon code within fourteen (14) days to use in our Website during the checkout process. The refund will be for the total amount you paid for the relevant Product without any deduction, unless restocking fees may apply.

Return Exceptions

As permitted by law, your right of withdrawal does not apply in the following cases:

Products that are manufactured or produced in accordance with an individual choice or specification or according to personalised needs or designs, including the Custom Orders pursuant to Article 12 above.
Products that have been altered from their original condition, worn, or washed.
Products which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
Products likely to deteriorate or expire rapidly.
Products that have been inseparably mixed with other products due to their texture, after delivery.
Any other products or services excluded by current legislation.

ARTICLE 17 - WARRANTY

17.1 - WARRANTY CONDITIONS: You are entitled to legal warranties in accordance with the applicable law and regulations on customer protection and e-commerce sale of goods, for the lack of conformity or hidden defects that exists at the time of delivery of the Product/s if the defect becomes apparent within 2 years thereafter, unless a longer warranty period is provided by law.

However, no special quality of the goods to be delivered is agreed upon. The delivered Products shall only be considered defective or non-conforming if they do not meet the technical specifications of their description or in the relevant advertising available at or before the conclusion of the Contract.

You may invoke the warranty against hidden defects, provided that the defects presented (i) did not appear at the time of delivery; (ii) existed prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and (iii) are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or diminish such use to such an extent that the Customer would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).

In the event of such a lack of conformity under the aforementioned conditions, you have the right to a price reduction through a coupon code discount or to terminate the Contract and request a refund, depending on the extent of the defect.

17.2 - EXERCISE OF THE RIGHT TO THE WARRANTY: To exercise the right of warranty you must request a return by following the instructions outlined in Article 16, Section "Return Procedure".

All requests must be accompanied by:

Your Order number.
The description of the defect and how it appeared.
A photo or video of the defect supporting your complaint and allowing our Customer Service team to assess the case.

After verification and validation of the defect, we will offer you a refund in the form of a reimbursement or coupon, with the same rules outlined above.

Any refund request made in exercising the right of warranty without complying with the conditions set out herein will not be considered.

17.3 - WARRANTY EXCEPTIONS: The warranty for the lack of conformity or hidden defects does not apply under the following circumstances:

Visible or External Factors: Defects are not hidden or are caused by external factors outside the control of Wordans or the Supplier, including but not limited to acts of force majeure, accidents, or other unforeseeable events.
Normal Wear and Tear: The defect results from normal wear and tear or the natural ageing of the Product.
Improper Use or Lack of Maintenance: The Product is used in a manner incompatible with its nature or inconsistent with the instructions, guidelines, or specifications provided by Wordans or the Supplier, or reasonable routine maintenance or repair is not performed according to the Supplier's recommendations.
Incorrect Handling: Defects arise due to incorrect configuration, installation, alteration, or handling by the Customer or any third party not authorised by Wordans. This includes using parts or components not supplied or approved by Wordans or the Supplier.
Unauthorised Modifications: The Customer applies substances, makes modifications, or undertakes actions that directly affect the Product for purposes not designed or intended and that could not have been reasonably anticipated by Wordans or the Supplier.

Notwithstanding the above, the Products will be deemed to be in conformity with the Contract provided that (i) they conform to the description given by us and possess the specifications which we have set out on the Website, (ii) they are suitable for the uses for which products of the same type are normally intended and reasonably expected.

ARTICLE 18 - INDEMNITY

The Products offered by the Website comply with applicable regulations in force.

Wordans cannot be held liable for the non-performance of the Contract in the event of stock shortages or unavailability of the Product, force majeure, disruptions, or strikes affecting means of transport and/or communications.

Wordans cannot be held liable for any indirect damage that may occur as a result of the purchase of the Products.

The total or partial impossibility of using the Product/s, particularly due to an incompatibility of equipment, cannot engage the responsibility of Wordans nor give rise to any compensation or refund.

The Website also provides information from third parties and links to other websites. In no event shall Wordans be liable for any damages resulting from the use, access to, or inability to use such third-party information or the content of other websites.

The liability of Wordans is strictly limited to direct damages proven by you and, in any event, may not exceed the total amount paid by you for the specific Product that generated the damage or claim.

You agree to indemnify, defend, and hold harmless Wordans, our parent company, sister companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and interns from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the breach of these Terms and Conditions or the documents to which they refer, or for violating any law or the rights of a third party.

SECTION III: COMMON TERMS

ARTICLE 19 - PERSONAL DATA

By using this Website, you agree to the processing of your information and data, and declare that all the information and data you provide is true and accurate.

Wordans takes the privacy and protection of your personal data seriously and complies with applicable data protection regulations.

The information or personal data that you provide us shall be collected, processed, and used pursuant to the terms set forth in our Privacy Policy and Cookies Policy, which we invite you to thoroughly review.

We inform you that the controller of your data is the Netenders Group. You can learn more about the companies acting as joint controllers and how your personal data is processed, or exercise your rights of access, rectification, erasure, restriction, portability, and objection, or withdraw your consent to the processing of your data, by sending an email to data@netenders.com or a letter to: Netenders Holding S.L. - Via Laietana 47, 2-2, 08003 Barcelona, Spain.

ARTICLE 20 - MISCELLANEOUS

20.1 - SEVERABILITY: In the event that any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable for any reason, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms and Conditions. Such severance shall not affect the validity and enforceability of all remaining provisions. The headings and titles of these Terms and Conditions are included for ease of understanding but do not form part of it.

20.2 - NO WAIVER: Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not be construed as a waiver of such right or provision in the future.

20.3 - ENTIRE AGREEMENT: These Terms and Conditions, along with any other policies, terms and conditions, or operating rules we post on this Website, constitute the entire agreement between you and us and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us, including, but not limited to, any prior version of the Terms and Conditions.

20.4 - ASSIGNMENT OF RIGHTS AND OBLIGATIONS: These Terms and Conditions are binding on both you and us, as well as our respective successors, assigns, and assignees. You may not convey, assign, encumber, or otherwise transfer any of the rights or obligations under the Contract without our prior written consent. We may convey, assign, encumber, subcontract, or otherwise transfer any of the rights or obligations under the Contract at any time. For the avoidance of doubt, such assignments, encumbrances, or other transfers will not affect, waive, reduce, or limit any of your rights or obligations under the Contract.

20.5 - LANGUAGE: This document was originally drafted in English; though it may be available in other languages in the Website or by request via our Contact Form; in case of doubt or discrepancy, the original version shall prevail.

ARTICLE 21 - CHANGES TO THE TERMS AND CONDITIONS

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

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions from time to time, rendering the previous version invalid. This page will always include the relevant date of the current version of the Terms and Conditions.

When you access our Website, you will be bound by our then-current terms of use, and when you tick the checkbox to accept the Terms and Conditions during the checkout process, you will be bound by our then-current terms of sale, both included in the Terms and Conditions. Therefore, we kindly invite you to review the Terms and Conditions every time prior to using this Website or purchasing any Product from this Website.

In case of substantial modifications, our registered Users will be notified of such changes via email.

ARTICLE 22 - GOVERNING LAW AND JURISDICTION

These Terms and Conditions, as well as any other separate agreements regarding the sale of the Products, shall be subsidiarily governed by and construed in accordance with the applicable law and regulations in force in Australia, irrespective of any other law or regulation that may apply. The applicable consumer protection law and jurisdiction may vary depending on the location where the Order was delivered.

In accordance with the Australian Consumer Law (ACL) or any applicable law in force on the settlement of consumer disputes related to online sales, you are informed that you may file your claims on the dispute resolution platform available at https://www.accc.gov.au/, which we consider competent.

We are not responsible for the functionality or availability of the links provided or if any of the mentioned applicable laws and regulations change from time to time.

Notwithstanding the foregoing, you may choose another dispute resolution centre specialised in online sales that you consider to be more convenient and/or protective of your rights. Likewise, or failing to reach a settlement, any dispute, discrepancy, or complaint regarding the interpretation and/or application of these Terms and Conditions, or arising out of or in connection with the Contract, will be subject to the non-exclusive jurisdiction of the competent Courts for contractual obligations arising from online sales in Australia.

These Terms and Conditions do not affect your statutory rights under applicable regulations on consumer protection.

Additionally, Wordans reserves the right to pursue any civil or criminal legal actions it deems appropriate for the improper use of its Website and contents, or for non-compliance with these Terms and Conditions.

NEED FURTHER ASSISTANCE?

For more information, please contact us via our Contact Form.

Last update, July 2024