Terms of service

Welcome to the Active Basics Website. The website is provided as a service to our distributors and their customers for general use.

Use of this website constitutes acceptance of these terms and conditions. We reserve the right to update or modify the Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Terms and Conditions whenever you use this site.

Disclaimer:

We will make reasonable efforts to update and keep information as current and accurate as possible. However, all contents on the site are provided for general information for our distributors and other users.

Active Basics reserves the right to modify, edit or delete information provided on this site at any time without notice to improve its content and services.

Product Information:

Active Basics makes no warranty of any kind whatsoever, whether expressed or implied, including warranties of merchantability and fitness for a particular purpose, non- infringement of intellectual property with respect to your use or inability to use the website or information contained.

All the information contained in this web site is correct. However, the colours displayed and size measurement in this web site are a guide only and are not, and should not be used, as an exact representation of the final product. Moreover, we cannot guarantee that your computer monitor will display the correct colour.

Active Basics accepts no liability for reliance on the information provided in this site including loss or damage which you or any end user may incur whether directly or indirectly.

Limited Liability:

YOU AGREE THAT ACTIVE BASICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL or OTHER DAMANGES WHATSOEVER, arising out of your use or inability to use the website of the information contained inside.

While, we take due care and diligence in maintaining the security of the site’s content, we do not accept liability for damage caused to you by third party intrusion

Goods on Delivery:

While we will make an reasonable attempt to ship goods as ordered, it is also the responsibility of the Customer to inspect all goods received, INCLUDING deliveries to THIRD PARTIES to confirm Style, Colours and Sizes are as ordered.

Information Protected by Copyright:

Unless specified the Site, and all materials therein including images, text, logos, icons, photographs, video clips (Contents) are owned by, controlled by or licensed to Active Basics and are produced by international intellectual property laws such that any contents reproduced without our permission may subject you to breach these laws.

 

Terms and Conditions of Trading

1. Interpretation – In this agreement

“the Seller” means Active Basics Pty Ltd. (trading as Active Basics) and its successors, assignees and transferees;

“ the Purchaser” means the applicant, firm or company so identified overleaf together with its successors, assignees and transferees;

“the Products” means the Seller’s range of manufactured garments and accessories and any other items carried by the Seller from time for time.

2. Prices, Sizes, Colors

2.1 Prices quoted in the Seller’s published price list or by the representatives of the Seller are subject to change without notice and are not binding on the Seller.

  1. 2.2  The Products is charged at F.O.B origin.

  2. 2.3  Price is based on various quantities each style each color. Minimum order of each

style each color for indent is requested.

2.4 Despite our best quality control, some colors may vary slightly from delivery to delivery.

2.5 The colors and size measurements displayed in the Seller’s published catalogues and web sites are a guide only and not an exact representation of the final products.

3. Terms of Payment

3.1 The Products must be paid for in full on or before the time of delivery to the Purchaser.

4. Credit claims

4.1 The Seller must be notified by the Purchaser for
delivery shortages and incorrect products against invoice in writing within 48 hours of receiving products.

4.2 The Seller must be notified by the Purchaser for faulty products in writing within seven (7) days upon receipt of products.

4.3 No credit will be issued if the Products have been decorated, printed, embroided, or changed in any way from the original states.

4.4 No credit will be issued if the Product’s fabric vary +/- 10 gsm and size measurements +/- 1.5 cm due to batch to batch products.

4.5 The Products returned must be accompanied with a copy of the relevant invoice number, the Seller authorization number and the name and address of the Purchaser and via the Seller nominated carrier.

4.6 The Seller shall not accept a credit claim made where the Purchaser has had the goods delivered directly by Seller to the Purchaser’s printers, embroiderers or other means than the Purchaser’s premises.

4.7 Due to the nature of sampling, the seller does not accept credit/returns for stock service samples. The seller reserves the right to determine whether or not the return is a sample or stock return

5. Delivery

5.1 Delivery shall be taken to the effective when the Products have been delivered to the Purchaser or the Purchaser’s agents nominated delivery address and all risk in respect of the Products shall pass immediately to the Purchaser on such delivery.

5.2 The Products is in a stock service, but needs 1-4 days allowance for preparation subject to seasons. The Seller shall use all reasonable endeavours to meet the Purchaser’s requested delivery date by the Seller shall not be liable to the Purchasers for any loss or damage whatsoever should it be delayed or prevented from delivering the Products on the nominated date.

 

6. Retention of title.

6.1 The Seller shall retain title to the Products supplied to the Purchaser until it has received payment in full. The Products belonging

to the Seller shall be stored so that they are identifiable as such. That the Seller retains title to the Products until they have been

paid for shall not affect its rights as an unpaid seller. Furthermore, if payment is overdue the Seller shall be entitled to recover

the Products belonging to it and the Seller and its duly authorised agents shall at all times and without notice be entitled to enter

the premises believed to be occupied by the Purchaser without any liability for trespass or other damage and recover therefrom

the Products the subject of this agreement but only if there is then an existing default in the terms of payment for such products.

6.2 If the Products belonging to the Seller are disposed of by the Purchaser or an insurance claim is made in respect of them, the Seller shall be entitled to trace the sale and/or insurance process which proceeds shall be held by the Purchaser in a separate band account in trust for the Seller.

6.3 Once the risk has passed to the Purchaser in accordance with clause 5.1 or otherwise as agreed, the Products shall be and remain at the Purchaser’s risk at all times, unless the seller has retaken possession of the Products and the Purchaser shall insure and be liable for the Products accordingly.

 

7. Non-Availability of Stock

While every effort will be make to fulfill the Purchaser’s orders for the Products, the Seller shall not be liable for any loss or damage arising as a result of non-availability of stock.

8. General

The validity or unenforceability of any term of this agreement shall in no way affect remaining terms.

Clause headings are purely for ease of reference and do not form part of or affect interpretation of this agreement.

The construction, validity and performance of this agreement shall be governed by laws of the States of New South Wales.

Failure to enforce any term of this agreement does not constitute a waiver and

8.1
shall in no way affect the remaining terms.

8.5
successors, executors, administrators and permitted assigns and shall inure to the benefit of the seller, its successors and assigns.

These terms and conditions of trading shall be binding upon the Purchaser, its

8.6 If the Purchaser is a trustee or director of a company or a partner in a partnership, the Purchaser warrants that it has the authority and power to enter into this agreement and to personally guarantee the performance of all of the obligations under this agreement

 

Use of the Active Basics website generally, is subject to the Active Basics Terms of Service and the Active Basics Website Privacy Policy.


By accessing, viewing, relying on, or utilising our website and Services, you accept these Terms of Use and agree to be bound by them. If you do not accept these Terms of, use you are not authorised to use our website or our Services.  

ORDERS

  1. You must provide complete and accurate details at the time of making your purchase. If you do not then we cannot guarantee any details on your order will be able to be amended or updated unless notifying our support team in a timely manner. You may be required to provide additional details upon our request to ensure the accuracy of your order.

  2. You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Active Basics is not obliged to re-send the order to the correct address at our own expense.

    If you discover that you have made a mistake with your order after you have confirmed it, you may contact our customer service team and request it be amended. During high order volume periods, we unfortunately cannot guarantee that we will be able to cancel or amend your order in those circumstances. You may be able to use your selected courier's self-service options (if there are such options) to amend your shipping address, however, Active Basics will not be liable for any delays or lost items for any incorrect information on your order.

  3. Items in cart are not confirmed or held until checkout is completed. You will receive a confirmation email with an order number once your order is complete, thus confirming that you have secured the stock.

  4. During sale periods, products are likely to sell out quickly due to increased traffic on our website. We cannot guarantee availability or any restocks during the sale period. We are sorry but we are unable to give rain checks on sale items.

  5. Please be aware that items purchased during sale periods are marked down and are therefore strictly non-returnable and considered final sale, unless deemed faulty by our Returns Team and cannot be repaired or replaced. Please choose carefully when purchasing, as no returns, credits or exchanges will be provided for orders placed during this time. This does NOT affect your statutory rights – for more information please see repair, replace, refund cancel | ACCC.

  6. Active Basics reserves the right to review and cancel orders at any time and you will receive a full refund back to your original payment method. We will contact you should this occur.

 

SHIPPING

  1. We process orders on business days, which are Monday to Friday and exclude public holidays.

    We will provide you with a tracking number once we have shipped your order to you.
    Please note processing and shipping times may be slightly delayed during launches or sale periods.     Our warehouse team is working hard to make sure you get your Active Basics items as soon as possible.

  2. Please note there is a chance you Active Basics order may incur shipping delays once they have been picked up by your selected courier from the Active Basics warehouse. Active Basics is unable to control transit delays which may occur once your order has been shipped. Please monitor your tracking links and delivery estimations closely. Please contact caitlin@activebasics.com.au if something doesn't seem right. 

DISCOUNTS     

 

  1. All  markdowns are final and will be automatically applied on selected products at the time of shopping.
  2. No further discounts will be applicable at checkout

  

GIFT CARDS

Active Basics gift cards entitle the holder to goods/services equal to the value stated on the Gift Card or remaining after partial redemption.

Gift Cards are only redeemable via the Active Basics website.

Gift Cards can not be exchanged (wholly or partly) for cash.

The value on the Gift Card includes GST.

Gift cards are partially redeemable and any unused balance will remain on the Gift Card. This remaining balance can not be redeemed for cash.

If the Gift Card holder’s order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay the outstanding amount for the goods or services.


Active Basics is not liable for any lost/stolen Gift Cards.

A Gift Card cannot be used to purchase another Gift Card.

 

TERMS OF SERVICE OVERVIEW 
 
By visiting our site and/ or purchasing products and services from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 
 
ONLINE STORE TERMS 
 
The online store on our Active Basics site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site. 
 
You may not use our Service for any illegal or unauthorised purpose nor may you violate any laws in your jurisdiction, for example copyright laws.
 
You must not transmit any worms or viruses or any code of a destructive nature. 
 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 
 
USE OF THE SERVICE 

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

 
ACCURACY OF INFORMATION 


We are not responsible if information made available on this site is not accurate, complete or current. While we do our best to make sure all information is up to date, 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. 

Occasionally there may be information on our site containing typographical errors, inaccuracies or omissions. Subject to your statutory rights under the Australian Consumer Law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

 
MODIFICATIONS TO SERVICE AND PRICES 

Prices for our products and services are subject to change without notice. 


We reserve the right at any time to modify our products or discontinue the service at any time without notice, prior to you placing an order for goods or services through our online store.  
 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service that occurs prior to your order being placed.  
 
PRODUCTS OR SERVICES 

 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
 
We have made every effort to display our products as accurately as possible online, however, we cannot guarantee that your computer monitor's display of any colour will be accurate. 
 
We reserve the right, but are not obligated, to limit the sales of our products or services to any person. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
 
Subject to your statutory rights under the Australian Consumer Law, and to the maximum extent permitted by applicable law, we disclaim any and all warranties that the quality of our products, services, information and other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  
 

PERSONAL INFORMATION 

 
Your submission of personal information through the site is governed by our Privacy Policy.   

PLACING AN ORDER/ACCEPTING AN ORDER

Please follow the instructions on the Website to place your orders. After receiving an order, Active Basics will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (“Shipping Confirmation”). We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in the price or where the products or services are no longer in our inventory. 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 in a fraudulent manner.

We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.

The shipping address of which the purchaser has provided must be compliant with our shipping restrictions and the contract contained on the Active Basics website. We are not responsible for filing any claims with carriers for damaged and/or lost shipments.

CHANGES TO TERMS OF SERVICE 

 
You can review the most current version of the Terms of Service at any time at this page. 

 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

These terms were last updated: 11th April 2023
 
CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at  

caitlin@activebasics.com.au


6/8 Avalon Parade,

Miami, QLD 4220