TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Exotica!

In these terms, we also refer to Exotica as “our”, “we, or “us”.

And "you" are you!

What are these terms about?

These terms apply when you use this website, being https://www.exoticathletica.com/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: https://www.exoticathletica.com/pages/privacy-policy.

How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

• PART A: Terms for when you buy Products (applies when you buy)
• PART B: Terms for when you browse and interact with this Website (applies when you browse)
• PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

PART A

FOR WHEN YOU BUY PRODUCTS…

1. SUBMITTING AN ORDER

• By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
  • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  • you are authorised to use the debit or credit card you provide with your Order.
• Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
• Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

2. SHOPPING & PRODUCTS

• We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. Please note: print placement varies from item to item, meaning you get a product as unique as you. The print placement you receive is random and cannot be preselected in the ordering process. Please use stock images as a guide only, and contact customer service for all other concerns.
• Until the price of your Products is paid in full, title in those Products is retained by Exotica. Risk in the Products will pass to you on delivery in accordance with clause 4. Delivery must not be refused by you.
• (Gift Cards) We may issue gift cards for use in our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
• (Tribe Rewards) Tribe Rewards has been closed from Sunday 28th November, 2021. New customers will no longer be able to join our rewards program and Existing members will no longer accumulate points on your purchases after this date.
• Tribe Rewards members were given a cut off date to redeem their points by the  28th February 2022.
• Exotica reserves the right to change the terms of any offers in relation to the Tribe Awards from time to time, without liability to you.

3. PAYMENT

• All prices are:
  • per unit (except where indicated);
  • in Australian Dollars (unless otherwise stated); and
  • subject to change prior to you completing an Order without notice.
• (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
• (Goods and Services Tax - GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Exotica, you must pay the GST subject to Exotica providing a tax invoice.
• (Card surcharges) Exotica reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
• (Online payment partner) We may use third-party payment providers, including (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct any errors or mistakes in collecting your payment.
• (AfterPay) If you use AfterPay to purchase any Products, your use of AfterPay will be subject to AfterPay’s terms and conditions which can be accessed here, including in relation to interest on late payments.
• (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

4. DELIVERY AND SHIPPING

• (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
• (Delivery Details) Exotica may charge you for delivery at any time (despite the fact that we may not have previously done so). Where prices are stated as inclusive of delivery:
  • delivery is to the delivery point specifically accepted by Exotica;
  • we will deliver the Products to you in accordance with the shipping information displayed on our Website;
• (Delivery Issues) Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your Products are delivered.
• third party courier terms apply to the delivery of the Products to you.
• all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
• we will deliver the Products to the address provided by you at checkout. We will not be liable for incorrect addresses provided by you.
• (International Orders) If the Website allows for international orders, Exotica reserves the right to refuse any international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
• (If there are delivery issues outside of our control) If our delivery partner fails to deliver your Order to you (such as losing the Order), please notify us immediately and we will liaise with the carrier to find your Order. If the carrier confirms with us that your Order was lost, we will re-send your Order at no cost to you (subject to item availability), provide you with store credit or provide you with a full refund.

5. CHANGES TO YOUR ORDER

CANCELLATION BY US

• From time to time, we may need to (and we reserve the right to) cancel your order for any reason, and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

• Once you place an Order, we will instantly confirm your Order by sending you written confirmation via email.
• If you wish to cancel your Order, you may do so up to fifteen (15) minutes after placing your Order, or until your confirmation is provided (whichever occurs earlier). To cancel your Order, you must contact Exotica through the contact number provided on our website or otherwise communicated to you. However, we make no guarantee that your order will be changed or cancelled as this is subject to staff availability when you wish to cancel your Order.
• Once we confirm your Order, we start processing your Order to get it to you as soon as practicable. If you wish to make changes to your order, please follow the returns, refunds and exchanges process in clause 6.

6. RETURNS AND EXCHANGES

(If you change your mind or don’t like your Products) Exotica will offer a store credit or exchange for any full priced or promotional price purchases you wish to return back to our warehouse on the following conditions:

• the products are returned within 30 days from delivery;
• the products are not worn, used, washed or damaged;
• the original tags/labels/original hygiene sticker(s) are attached;

The assessment of a product’s condition is solely at the discretion of Exoticathletica, and this decision is final. We reserve the right to refuse any returns that do not meet the specified conditions. Items that are refused will incur a fee of $10, which will be deducted from your store credit or refund amount.

(Returning clearance and sale items) Clearance items are considered final sale and can only be returned for an exchange of the same style and colour in a different size.

(Costs of returning your products) For domestic orders, the initial return or exchange is free of charge.

For international customers from the US, Canada, and NZ, we offer returns with a nominal handling fee. The handling fee will be calculated at the checkout page of our returns portal and is solely based on the shipping costs to return the item to Exotica, located in Sydney, Australia. The handling fee amount will be deducted from your total gift card or refund amount. If placing an exchange order, the fee will be added to the final cost of the exchange or deducted from any remaining credit.

For customers residing in other countries, the responsibility for arranging return shipping lies with the customer. We suggest using a tracked shipping service for added security and peace of mind.

7. FAULTY ITEMS

(If there is a minor fault with a Product) If, when your Product arrives, the Product has a minor fault, such as a loose thread, you may contact us, with photos of the fault, and we will provide you with a refund of 50% of the amount paid for that Product (i.e. not including the amount paid for any other products in the relevant Order). This offer only applies for a reasonable period from the time of delivery, or until the Product is worn or used by you, whichever occurs earlier.

(If there is a major fault with a Product) We will provide the option of a replacement, store credit or a full refund of the price paid for a Product if we determine in our discretion that:

• a Product you have ordered was not received by you solely due to failure by us;
• a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
• a Product is faulty or damaged.

 The following process applies to any Product you believe to be faulty.

• If we determine that your Product may be faulty, we will request that you send the Product back to us at our cost for further inspection. We reserve the right to further inspection before deeming a Product faulty.
• If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you.
• If you choose to keep the faulty item, we will provide a 50% refund of the amount paid for that product.
• Refunds will be credited back to your original method of payment.

If you believe your Product is faulty, please refer to our Returns Page for instructions on how to submit a return request.

(If we can’t agree on a resolution with you) We have designed this returns policy to be as consumer friendly as possible, going beyond our obligations under the Australian Consumer Law. If after 30 days we cannot agree on a resolution with you in accordance with this clause, we will close your file, and either provide you with a refund or replacement (or leave the Product with you) as we deem appropriate based on the circumstances and our obligations under the Australia Consumer Law.

8. INTELLECTUAL PROPERTY

• Exotica retains all intellectual property rights in the design of the Products, including the materials, specifications, look and feel, shape, labelling and packaging, or those rights are owned by a third party.
• You must not, and must not attempt to, copy, reproduce, manufacture or otherwise commercialise the Products.
• In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

9. THIRD PARTY SUPPLIERS

• We may do any of the following:
  • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
  • procure materials and Products from third party suppliers;
  • without further notice to or permission from you.

• To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods to you.

PART B

FOR WHEN YOU BROWSE THIS WEBSITE…

10. USING OUR WEBSITE

This section sets out how you access and use the website in general. We know most of our users will be responsible in how they use our Website, but we’ve set out terms below to make sure the Website continues to be a secure platform for everyone.

11. WHAT WE EXPECT FROM YOU

When using our Website, you must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Exotica;
• use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact the reputation of Exotica, including by linking to the Website on any other website; and
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.

12. WHAT YOU CAN EXPECT FROM US

• While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible for all of our customers, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
  • the Website will be completely free from potential errors or defects (or both, as the case may be);
  • the Website will be accessible at all times;
  • messages sent through the Website will be delivered promptly, or delivered at all;
  • information you receive or supply through the Website will be secure or confidential; and
  • any information provided through the Website is accurate or true.
• We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, offer terms, prices and other Website Content.

13. OUR INTELLECTUAL PROPERTY

• We’ve worked hard putting our Website together, so Exotica retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
• We do allow you to make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Exotica or as permitted by law.
• In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

14. THIRD PARTY TERMS AND CONDITIONS

• You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply when using our Website.
• You agree to any Third Party Terms applicable to any third party goods and services, and Exotica will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

15. LINKS TO OTHER WEBSITES

• The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
• Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

16. THIRD PARTY PLATFORM

• This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://www.shopify.com/legal/terms.
• To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

17. SECURITY

Exotica does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

18. CONTACT US

If you notice that another user of the Website isn’t following our rules, or if you notice any other issues on our website, please get in touch with us! You can reach out to us through the contact details or form provided on our Website.

PART C

LIABILITY AND OTHER LEGAL TERMS…

19. RATINGS & REVIEWS

• You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to Exotica regarding our Products and our service (Review).
• Ratings and Reviews may be viewed by others and may remain viewable until the relevant Product is removed.
• You must provide true, fair and accurate information in your Review.
• If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review made by anyone.
• You can write a Review about a Product if you have had a shopping or service experience in relation to that Product, which means that:
  • you have purchased a Product from Exotica; or
  • you have placed an order in relation to the Product,

(collectively referred to as a Shopping Experience).

• You may only write about your own Shopping Experience. You are not permitted to write a Review about somebody else’s Shopping Experience, such as that of a family member or friend.
• Your Shopping Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.

20. LIABILITY

• To the maximum extent permitted by applicable law, Exotica limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Exotica to the total amount paid in the relevant Order or for the relevant Product, as applicable to the issue.
• Claims for loss of or damage to Products in transit must be made against the carrier.
• Products sold by Exotica, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
• All other express or implied representations and warranties in relation to Products and the associated services performed by Exotica are, to the maximum extent permitted by applicable law, excluded.
• Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
• (Indemnity) You indemnify Exotica and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from you or your representatives':
  • breach of any of these terms;
  • use of the Website; or
  • use of any goods or services provided by Exotica.
• (Consequential loss) To the maximum extent permitted by law, under no circumstances will Exotica be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Exotica (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth))

21. FORCE MAJEURE

• If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
  • reasonable details of the Force Majeure Event; and
  • so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
• Subject to compliance with clause 19(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
• The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
• For the purposes of this agreement, a ‘Force Majeure Event’ means any:
  • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
  • strikes or other industrial action outside of the control of the Affected Party;
  • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
  • any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

22. GENERAL

• GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in [Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

• WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

• SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

• JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

• ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

• COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

• ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

• INTERPRETATION

  • - (singular and plural) words in the singular includes the plural (and vice versa);
  • - (gender) words indicating a gender includes the corresponding words of any other gender;
  • - (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • - (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • - (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • - (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  • - (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • - (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • - (includes) the word "includes" and similar words in any form is not a word of limitation; and
  • - (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

23. NOTICES

• A notice or other communication to a party under this agreement must be:
  • in writing and in English; and
  • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
• Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
  • 24 hours after the email was sent; or
  • when replied to by the other party, whichever is earlier.

If you have any questions around our terms and conditions, or the way we work, please contact us at sales@exoticathletica.com.au.

 DISCLAIMERS

"NEW" Collection: Sale offers and discount codes are not applicable to items included in the "New" collection.