Terms & Conditions
Welcome to the Antler Australian website, a website provided by ATR Brands Pty Limited trading as Antler (ABN 47 650 713) ("we", "us", and "our") at www.antler.com.au (the "Website").
The terms and conditions that apply to your use of the Website ("Terms") are set out below. These Terms should be read together with our Privacy Statement.
These Terms apply to your use of the Website (including when you place an order with us or create an account with us) and form a legally binding contract between you and us. By accessing and using the Website, the person or organisation entering into these Terms as a user of the Website, and all individuals authorised to access the Website on that person's behalf (together, "you") accept and agree to be bound by these Terms. Please read the Terms carefully. If you do not accept these Terms, you should not use this Website.
We can amend these Terms
We can amend these Terms at any time. Amendments will be effective immediately when posted on the Website, but will not impact any orders that have already been placed. It is your responsibility to ensure that you are familiar with the latest Terms. By continuing to use the Website, you agree to be bound by the Terms including any amendments we make from time to time.
If you have any questions about these Terms or if you would like to give us feedback or notice, you can contact us in the following ways:
Post: Level 1, 2 Minna Close, Belrose, NSW 2085
Website and Content
The Website is created and controlled by us.
All rights, title and interest (including present and future intellectual property including copyright) in the Website and in all material appearing on the Website ("Content") is owned by us or by our licensors.
The Content may include registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, you may not use, edit, copy, or distribute any of these trademarks or any of our other intellectual property, including the mark "Antler", which is a registered trademark owned by us.
You acknowledge and agree that all copyright, trademark rights and other intellectual property rights in the Content shall remain at all times vested in us or our licensors, as applicable.
Your Use of the Website and the Content
You agree to only use the Website in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of the Website.
We grant you a non-exclusive, non-transferable licence to access and use the Website only for your personal and non-commercial use, subject to these Terms.
The reproduction, modification, distribution, transmission or republication of the Website and its Content (or any part thereof) is strictly prohibited.
You must not use any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website. In particular, you must not use any so-called "spider" or similar automated software or device to use or access the Website or the Content in any way.
The Website may be accessed throughout Australia. We make no representations that its Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.
By using the Website you acknowledge and agree that we may collect, store, use and disclose your personal information in accordance with our Privacy Statement.
Third Party Sites
The Website may contain links to third party sites which are not operated by us. We are not responsible for the content of those sites as they are not under our control. These links are provided solely for your convenience and if you use a link to access a third party site, you access that site and/or use that site's content (including any products and services available thereon) solely at your own risk. Accordingly, we are not responsible or liable for any loss or damage incurred by you as a result of your access to third party sites.
The inclusion of links to third party sites on the Website does not indicate, expressly or impliedly, an endorsement by us of those sites or the products and services provided on those sites, nor does it imply any association between us and the owner(s) or operator(s) of those sites.
We do not permit operators of third party sites to link to the Website without our prior written permission.
Disclaimer and Limitation of Liability
You agree that the Website and its Content are provided to you on an "as is" and "as available" basis and, to the maximum extent permitted by law, we disclaim and exclude any representations or warranties of any kind, express or implied, as to the operation of the Website or the information and materials available on the Website.
We reserve the right to modify or withdraw the Website at any time without liability to you.
We cannot guarantee that all files or programs available for download and/or execution from or via this Website are free from viruses or other conditions which could damage or interfere with data, hardware or software with which they might be used. You assume all risk of use of all programmes and files on this Website, and you release us entirely of all responsibility for any consequences of their use.
To the extent permitted by law, neither we, nor our directors, employees, agents, contractors, successors, or assigns will be liable for any indirect, incidental, consequential, special, exemplary, or other damages you or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption, the loss of data or information, or other intangible losses (even if we have been advised of the possibility of such damages) arising out of, or in any way related to, the use of, or the inability to use, the Website and any other site linked to the Website.
You agree to indemnify us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Terms by you or any other liability arising out of your use of this Website.
We may, in our sole discretion and without prior notice to you, terminate your licence to access the Website and the Content if you breach these Terms.
These Terms are governed by and construed in accordance with the laws of Australia and you hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia for any matter or dispute arising in relation to these Terms.
Terms of Trade
These Terms of Trade only apply to the purchase of Products offered for sale through our Website ("Online Purchase") and form a legally binding contract between you and us. By making an Online Purchase through our Website and/or setting up an account online with us, you accept and agree to be bound by these Terms of Trade. Please read these Terms of Trade carefully. If you do not accept these Terms of Trade, then you should not make an Online Purchase through our Website.
Our Products come with warranties that cannot be excluded under Australian Consumer Law. However, to the extent possible under law:
- we disclaim any and all warranties of any kind (whether expressed or implied) in relation to an Online Purchase made through our website and/or our Products and as to the operation of the Website or the information and materials available on the Website;
- we will not be liable in contract, tort, or otherwise for any loss, damages, costs or expenses, including consequential losses, whatsoever suffered or incurred by you arising out of or in connection with these Terms of Trade and your use, or inability to use, the Website; and
- our liability for losses you suffer as a result of us breaching these Terms of Trade is strictly limited to the purchase price of the Product you purchased.
You agree to indemnify us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Terms of Trade by you or any other liability arising out of your use of this Website.
By using our services, you consent to us sharing your personal information with our related bodies corporate or a service provider or agent retained by us for the purpose of ensuring proper functioning of our business and you hereby consent to such related bodies corporate, service provider or agent using information collected about you for the above purposes.
We can amend these Terms of Trade at any time. Amendments will be effective immediately when posted on our Website, but will not impact any Orders that have already been placed. It is your responsibility to ensure that you are familiar with the latest Terms of Trade.
Separate terms and conditions apply to purchases made in retail stores and elsewhere. In particular, promotions and offers advertised on our Website for Online Purchases are not valid in connection with any purchase made in any retail store or elsewhere.
When using our Website and/or placing an order through our Website, you accept that communication between you and us will be mainly electronic. We will contact you by email and you agree to this electronic means of communication.
"Online Purchases" means the purchase of one or more Products through our Website;
"Order" means an order placed by you through our Website for one or more Products;
"Product" means any of our products available for sale on our Website; "we", "us", and "our" means ATR Brands Australia Pty Limited (ABN 47 650 358 713) of Level 1, 2 Minna Close Belrose New South Wales 2085, Australia;
"Website" means our website located at www.antler.com.au and operated by us; and
"you/your" means a person who has made an Online Purchase.
Description and Availability
We take all reasonable measures to ensure that details, measurements, and descriptions of Products shown on our Website are accurate and up to date, but there may be variations between these, store documentation, and the Products themselves. We reserve the right to vary the details, measurements, and descriptions of our Products on our Website at any time and without notice. However, if any such variations impact your Online Purchase, we will notify you and give you the opportunity to cancel your Online Purchase.
Every effort has been made to portray the colours and materials of our Products that appear on our Website as accurately as possible. However, because the actual colours and materials you see depend on the monitor you are using, we cannot guarantee that your monitor's display of any colour or material of our products will be completely accurate.
We will make every effort to fulfil Online Purchases, but we do not guarantee that the Products advertised on our Website will always be in stock. If you have made an Order, and the relevant Product is subsequently not available, we will refund you for your Order as soon as practicable.
Prices appearing on our Website are in Australian dollars and are inclusive of GST at the current rates.
All prices on our Website are for Online Purchases only.
We will make reasonable endeavours to ensure that the prices for the Products shown on our Website are accurate and up-to-date.
We reserve the right to adjust the actual price charged for your Online Purchase if the prices shown at the time of your Online Purchase were incorrect. However, before increasing the actual price charged for your Online Purchase, we will notify you of our intention to increase the price and give you the opportunity to cancel your Online Purchase. We may also vary our prices for the Products shown on our Website at any time and without notice.
The cost of your Online Purchase will be the price of the Products that you wish to purchase plus any delivery charge (which will made clear to you during the checkout process and be included in your checkout summary).
Please see Our Delivery and Returns Policy below for further information on delivery costs.
When a Product shown on our Website is on sale, the discount only applies to that Product. The discounted price of the Product will be as marked. Discounts apply to the previous selling price of the Product and are not available in conjunction with any other offer or promotional voucher. The Product is only available at the discounted price while stocks last. No rain-checks apply to discounted Products.
Placing an Order
You must not make an Online Purchase if you are not resident in Australia or if you do not have the authority to pay for and/or make the online purchase.
By submitting an Order to us, this constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us and are subject to availability. After placing an Order, you will receive an email from us acknowledging that we have received your Order. This does not mean that your Order has been accepted. Your Order is confirmed only when it is dispatched or when you are notified that the Products you have ordered are available for pick up.
Title to all Products supplied to you will be retained by us until we have accepted and confirmed your Order in accordance with the above and have received the payment in full. All risk of loss of, or damage to, the Products passes to you on delivery or collection, as applicable, of the Products to you.
Payment Methods, Privacy, and Storage of Information
We accept Master Card, Visa, American Express, Paypal, AfterPay, Apple Pay and Antler Giftcards issued in Australia as methods of payment for Online Purchases.
In relation to your payment information, we use SSL, do not store your credit card details, and all payments are handled by a secure Payment Card Industry-compliant third party. We use Shopify Pay to process our credit card payments. For further information on how we collect, store, use, and disclose your personal information, please see our Privacy Statement.
Gift Cards purchased on the Antler website can be purchased for varying amounts, which are shown on the Gift Card purchase page. You are purchasing an electronic Gift Card and not a physical Gift Card unless otherwise indicated.
Antler Gift Cards can be used in full or part payment for goods on our online store at www.antler.com.au including promotional offers, at the prevailing prices listed.
To use your Gift Card on our website, input the Card number at the payment stage of your order.
When spending online the value of your purchase will be deducted from the value of the Gift Card.
If you do not spend the entire balance of your Gift Card, the remaining balance will be available on the same Gift Card after each transaction.
To check your balance and confirm the expiry date please email our customer service team at email@example.com
Gift Cards cannot be used for the purchase of other Gift Cards or vouchers.
AUD $ Gift Cards can only be used on our AU website at www.antler.com.au
If any product purchased with a Gift Card is subsequently returned or exchanged for product of a lower price or a refund, any money owing will be returned to the original Gift Card.
ATR Brands Pty Limited reserve the right to decline or withdraw Gift Cards, and the right to amend these terms and conditions of Gift Card at any time and to take appropriate action, including the cancellation of the Gift Card, if, in its discretion, it deems such action necessary.
Gift Cards must be treated like cash, ATR Brands Pty Limited cannot be held liable for lost, stolen or damaged Gift Cards and they will not be replaced.
Promotional codes can be applied to your order at checkout.
Promotional Codes cannot be used in conjunction with any other offer. Only one Promotional Code can be used per order. Promotional Codes cannot be used during sale periods or on Outlet items.
Delivery and Returns Policy
It is important to us that you are delighted with your Online Purchase. If there is any reason why you are not completely satisfied with a Product that you have ordered from us, you may obtain an exchange or a refund in accordance with our Change of Mind Returns Policy and Refund Policy below.
You also have rights under the Australian Consumer Law (“ACL”) and nothing in these Terms of Trade will limit or affect your rights as a consumer under the ACL, for example to obtain a remedy because the Product does not meet the acceptable quality guarantee under the ACL.
Change of Mind Returns
If you have changed your mind, and provided that the Products are returned in their original condition with tags attached and within 28 days from date of purchase, we will offer:
- With your original receipt- you will be entitled to an exchange, a refund or a credit note.
- Without your receipt - you will be entitled to a credit note.
None of the above affects your rights under the Australian Consumer Law.
Our Refund Policy
Our Change of Mind Policy does not affect your rights under the Australian Consumer Law and you have consumer guarantees that cannot be limited by us. If your Product is not of acceptable quality, is not fit for its purpose or is different from its description or sample, then you may be eligible for a refund, exchange or any drop in value of the Product (if you choose to keep it).
If you have purchased a Product with a major fault, you have the right to ask for your choice of a replacement or refund. If you purchased a Product with a minor fault, we can choose to give you a free repair or a replacement or refund.
Products returned under consumer guarantees can be returned within a reasonable timeframe subject to proof of purchase.
Products marked as seconds or sample products must be chosen carefully as these items cannot be returned due to the fault that was identified at the time of purchase. If the seconds or sample product exhibits a fault (not related to the fault identified at the time of purchase), is not fit for purpose or is incorrectly described, it may be returned in accordance with the above consumer guarantees.
If your Online Purchase fails to arrive within 10 days of dispatch, you should firstly contact the relevant delivery carrier with the tracking information that we have provided you. If the delivery carrier is unable to assist, you may ask us to investigate your Online Purchase. We will then investigate your Online Purchase and, if we are satisfied that the non-arrival of your Online Purchase was attributable to us or the delivery carrier, then you can choose whether to have a replacement sent or a refund issued (which will be credited to the payment method which was used to place the Online Purchase, in accordance with our Delivery and Returns Policy above).
We may refuse to make future deliveries to addresses that we consider to be unsecure. In this event, you will be contacted by our customer service team and asked to provide an alternative delivery location for future Online Purchases.
If our online systems flag that an Online Purchase may be fraudulent, then we may need to cancel the Online Purchase. If your Online Purchase is cancelled for this reason, our customer care team will contact you to advise you of the cancellation and we will issue you a full refund (which will be credited to the payment method which was used to place the Online Purchase, in accordance with our Delivery and Returns Policy).
Disclaimer and limitation of liability
You have rights as a consumer under the Australian Consumer Law in relation to goods supplied by us, and nothing in these Terms of Trade is intended to limit those rights. However, except to the extent those rights apply, we disclaim any and all warranties of any kind (whether expressed or implied) in relation to an Online Purchase made through our Website and/or our Products.
Except to the extent required by law, we will not be liable in contract, tort, or otherwise for any loss, damages, costs or expenses, including without limitation for any consequential, special, incidental, indirect, or exemplary damages of any kind or for loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data, or any other indirect or economic losses whatsoever suffered or incurred by you arising out of or in connection with these Terms of Trade.
Without limitation to the foregoing, except to the extent required by law, our liability for losses you suffer as a result of us breaching these Terms of Trade is strictly limited to the purchase price of the Product you purchased.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Trade that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms of Trade is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Trade may be performed despite the Force Majeure Event.
If any part of these Terms of Trade is held by a court or other competent authority to be invalid unenforceable, or in conflict with the law, that part is limited or eliminated to the minimum extent so that these Terms of Trade otherwise remain in full effect.
These Terms of Trade, our Terms and Conditions for the Website, our Privacy Statement, and our Delivery and Returns Policy constitute the entire agreement between you and us in respect of your Online Purchase and supersede all prior written agreements between us and you in relation to these Terms of Trade or your Online Purchase.
These Terms of Trade are governed by and construed in accordance with the laws of Australia and you hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia.
The headings used throughout these Terms of Trade are provided for your convenience and do not affect the meaning of these Terms of Trade.
If you have any questions about these Terms of Trade or if you would like to give us feedback or notice, you can contact us in the following ways:
Post: Level 1, 2 Minna Close. Belrose, NSW 2085
(For more information on returning items please visit our returns section)