Terms And Conditions

1.       About the Website
1.1.   Welcome to www.subtle-bodies.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products '). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services ').
1.2.     The Website is operated by Subtle Bodies PTY. LTD. (ABN 26615536788) .
Access  to  and  use  of  the  Website,  or any  of  its  associated  Products  or Services, is provided by Subtle Bodies. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.     If you do not agree with the Terms, you must cease usage of the Website, or    any  of  Services, immediately.
1.3.     Subtle Bodies reserves the right to review and change any of the Terms by updating  this  page  at  its  sole  discretion.  When  Subtle  Bodies  updates  the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for  your records.
2.       Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Subtle Bodies in the  user interface.
3.       Registration to us e the Purchase Services
3.1.               In order to access the Purchase Services, you must first register as a user of  the Website. As  part of the registration process, or as part of your continued  use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)      Email address
(b)      Mailing address
3.2.               You warrant that any information you give to Subtle Bodies in the course of completing the registration process will always be accurate, correct and up to date.
3.3.               Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4.               You may not use the Purchase Services and may not accept the Terms if:
(a)      you are not of legal age to form a binding contract with Subtle Bodies; or
(b)      you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4.       Your obligations as a Member
4.1.               As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a)      the Terms;
(b)      any applicable law, regulation or generally accepted practices or guidelines in  the  relevant jurisdictions;
(c)      you have the sole responsibility for protecting the confidentiality of your password  and/or  email  address.  Use  of  your  password  by  any  other person may result in the immediate cancellation of the Purchase Services;
(d)      any use  of your  registration  information  by any other  person, or  third parties, is strictly prohibited. You agree to immediately notify Subtle  Bodies of any unauthorised use  of your  password  or  email address or  any breach of security of which  you  have  become aware;
(e)      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Subtle Bodies providing  the  Purchase Services;
(f)       you will not use the Purchase Services or Website for any illegal and/or unauthorised use  which  includes collecting  email addresses of Members by electronic or other means for  the purpose of sending unsolicited email  or unauthorised framing of or linking to the Website;
(g)      you agree that commercial advertisements, affiliate links, and other  forms   of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Subtle Bodies for any illegal or unauthorised use of the   Website; and
(h)      you acknowledge and agree that any automated use of the Website or its Purchase  Services  is prohibited.
5.       Purchase of Products and Returns Policy
5.1.               In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for  the Product (the 'Purchase Price ').
5.2.               Payment of the Purchase Price may be made through Stripe, PayPal (the 'Payment Gateway Provider ')
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3.               Following  payment of the  Purchase  Price  being  confirmed  by Subtle  Bodies, you will be issued with a receipt to confirm that the payment has been received and Subtle Bodies may record your purchase details for future use.
5.4.               Subtle Bodies may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable  for any postage and shipping costs associated with any refund pursuant to this clause.
6.       Warranty
6.1.               Subtle Bodies's Products come with guarantees that cannot be excluded under  the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable  loss  or  damage.  You  are  also  entitled  to  have  the  Products repaired  or  replaced  if the  Products fail to  be  of acceptable  quality and  the failure does not amount to a major  failure (the'Warranty ').
6.2.               You may make a claim under this clause (the ' Warranty Claim ') for material defects and workmanship in the Products within 1 Month from the date of purchase (the ' Warranty Period ').
6.3.               In  order  to  make  a  Warranty Claim  during  the  Warranty Period, you  must provide proof of purchase to Subtle Bodies showing the date of purchase of the Products, provide a description of the Products and the price paid for the  Products by sending written notice to Subtle Bodies at P.O Box 2565 , North Ringwood, Victoria, 3134  or  by email at  info@subtle-bodies.com.
6.4.               Where the Warranty Claim is accepted then Subtle Bodies will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period  at no  charge  to you  for  parts or  labour. You  acknowledge  and  agree that you  will be  solely liable for any postage or  shipping costs incurred in facilitating the Warranty  Claim.
6.5.               The  Warranty  shall  be  the  sole  and  exclusive  warranty  granted  by  Subtle Bodies and shall be the sole and exclusive remedy available to you in addition    to other rights and under a law in relation to the Products to which this warranty relates.
6.6.               All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7.               The Warranty does not apply to any appearance  of the  supplied  Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or  which has been altered  or modified in design or construction.
7.        Delivery
7.1.               You acknowledge that the Purchase Services offered by Subtle Bodies integrate delivery (the ' Delivery Services ') through the use of third party delivery companies (the ' Delivery  Service Providers').
7.2.               In providing the Purchase Services, Subtle Bodies may provide you with a variety  of  delivery  and  insurance  options  offered  as  part  of  the  Delivery Services by the Delivery Service Providers. You acknowledge and agree that Subtle Bodies is not the provider of these delivery and insurance options and merely facilitates your  interaction with the Delivery Service Providers in respect  to providing the Delivery  Services.
7.3.               In the event that an item is lost or damaged in the course of the Delivery Services, Subtle  Bodies asks that you:
(a)      contact the Delivery Service Provider directly to request a refund or to claim  on  any insurance  options available; and
(b)      contact us by sending an email to info@subtle-bodies.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8.       Copy right and Intellectual Property
8.1.               The Website, the Purchase Services and all of the related products of Subtle Bodies are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content ') are owned or controlled for these purposes, and are reserved by Subtle Bodies or its contributors.
8.2.               Subtle Bodies retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a)      the business name, trading name, domain name, trade mark, industrial design, patent, registered  design  or  copyright of Subtle  Bodies; or
(b)      the right to use or exploit a business name, trading name, domain name, trade  mark or  industrial design; or
(c)      a system or process that is the subject of a patent, registered design or copyright (or an adaptation or  modification of such a  system  or  process).
8.3.               You may not, without the prior written permission of Subtle Bodies and the permission of any other  relevant rights owners: broadcast, republish, up-load  to  a third party, transmit, post, distribute, show or  play in public, adapt or  change    in any way the Content or  third  party content  for  any purpose.  This prohibition does not extend to  materials on  the  Website, which  are freely available  for  re- use or are in the public domain.
9.       Privacy
Subtle Bodies takes your  privacy seriously and  any information  provided  through  your use of the Website and/or the Purchase Services are subject to Subtle Bodies's Privacy Policy, which is available on the Website.
10.    General Disclaimer
10.1.            You  acknowledge  that Subtle  Bodies does not make  any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2.            Subtle Bodies will make every effort to ensure a Product is accurately depicted  on the Website, however, you acknowledge that sizes, colours and  packaging may differ  from  what is displayed on the Website.
10.3.            Nothing in these Terms limits or excludes any guarantees, warranties, representations  or  conditions  implied  or  imposed  by  law,  including  the Australian Consumer Law (or any liability under them) which by law may not be limited  or excluded.
10.4.            Subject to this clause, and to the extent permitted by law:
(a)      all terms, guarantees, warranties, representations or conditions which are not expressly stated  in  these  Terms are excluded; and
(b)      Subtle Bodies will not be  liable  for  any special, indirect or  consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting  from  our  failure  to  meet an  applicable  Consumer  Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a  result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.5.            Use of the Website, the Purchase Services, and any of the products of Subtle Bodies (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Subtle Bodies, are   provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees,  agents, contributors, third party content providers or licensors of Subtle Bodies (including  any third  party where  the  Delivery Services are made available  to you) make any express or implied representation or warranty about its Content   or any products or Purchase Services (including the products or Purchase Services of Subtle Bodies) referred to on the Website. This includes (but is not restricted  to)  loss or  damage  you  might  suffer  as a  result  of  any of  the following:
(a)      failure  of  performance,  error,  omission,  interruption,  deletion,  defect, failure  to  correct  defects,  delay  in  operation  or  transmission,  computer virus or other harmful component, loss of data, communication line failure, unlawful  third  party  conduct,  or  theft,  destruction,  alteration  or unauthorised  access  to records;
(b)      the accuracy, suitability or currency of any information on the Website, the Purchase Service, or  any of its Content related  products (including  third party material and  advertisements on  the  Website);
(c)      costs incurred as a result of you using the Website, the Purchase Services   or  any of the Products;
(d)      the Content or operation in respect to links which are provided for the User's  convenience;
(e)      any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website;  or
(f)       any defamatory, threatening, offensive or unlawful conduct of third  parties  or publication of any materials relating to or constituting such conduct.
11.    Limitation of Liability
11.1.            Subtle Bodies's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort   (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Subtle Bodies is the   resupply of information  or  Purchase  Services to you.
11.2.            You expressly understand and agree that Subtle Bodies, its affiliates,   employees,  agents,  contributors,  third  party  content  providers  and  licensors shall  not  be  liable  to  you  for  any  direct,  indirect,  incidental,  special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation  and  any other  intangible loss.
11.3.            Subtle Bodies is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Subtle Bodies, by third parties or by any of the Purchase   Services offered  by Subtle Bodies.
11.4.            You acknowledge that Subtle Bodies does not provide the Delivery Services to you and you agree that Subtle Bodies will not be liable to you for any special, indirect or  consequential loss or  damage, loss of profit or  opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12.    Termination of Contract
12.1.            The Terms will continue to apply until terminated by either you or by Subtle Bodies as set  out below.
12.2.            If you want to terminate the Terms, you may do so by:
(a)      notifying  Subtle  Bodies at any time; and
(b)      closing your accounts for all of the Purchase Services which you use, where Subtle Bodies has made this option available to you.
Your notice should be sent, in writing, to Subtle Bodies via the 'Contact Us' link  on  our homepage.
12.3.            Subtle Bodies may at any time, terminate the Terms with you if:
(a)      you have breached any provision of the Terms or intend to breach any provision;
(b)      Subtle Bodies is required to do so by law;
(c)      the partner with whom Subtle Bodies offered the Purchase Services to you has terminated its relationship with Subtle Bodies or ceased to offer the Purchase Services to you;
(d)      Subtle Bodies is transitioning to no longer providing the Purchase Services  to  Users in  the  country in  which  you  are resident or  from  which  you  use the  service; or
(e)      the provision of the Purchase Services to you by Subtle Bodies is, in the opinion  of Subtle  Bodies, no  longer commercially viable.
12.4.            Subject to local applicable laws, Subtle Bodies reserves the right to discontinue  or cancel your  membership to the Website at any time and may suspend or  deny, in its sole discretion, your  access to all or  any portion of the Website or  the Purchase Services without notice if you breach any provision of the Terms    or any applicable law or if your conduct impacts Subtle Bodies's name or reputation or  violates the rights of those of  another  party.
12.5.            When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Subtle Bodies have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which  are expressed to continue  indefinitely, shall be  unaffected  by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations  and  liabilities indefinitely.
13.    Indemnity
13.1.            You agree to indemnify Subtle Bodies, its affiliates, employees, agents, contributors, third  party content providers and  licensors from and against:
(a)      all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a  full indemnity basis)  incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b)      any direct or indirect consequences of you accessing, using or  transacting  on the Website or attempts to do so and any breach by you or your agents   of these  Terms; and/or
(c)      any breach  of the Terms.
 14.    Dispute Resolution
14.1.            Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent  interlocutory  relief  is sought).
14.2.            Notice:
A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3.            Resolution:
On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Par ties ') must:
(a)      Within  14  days  of  the  Notice  endeavour  in  good  faith  to  resolve  the Dispute expeditiously by negotiation or such other means upon which they may  mutually agree;
(b)      If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon  selection of a mediator or request that an appropriate mediator  be appointed by the President of the Australian Mediation Association or the Conflict Resolution Service or his or her nominee;
(c)      The Parties are equally liable for the fees and reasonable expenses of a mediator  and the cost of the venue of the mediation and without limiting    the foregoing undertake to pay any amounts requested by the mediator as    a pre-condition to the mediation  commencing. The Parties must each  pay their  own costs associated with the  mediation;
(d)      The mediation will be held in Victoria, Australia.
14.4.            Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose  of applicable  laws of evidence.
14.5.            Termination  of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15.    Venue and Jurisdiction
The Purchase Services offered by Subtle Bodies is intended to be viewed by residents of Australia. In  the  event of any dispute  arising  out of or  in  relation  to  the  Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
16.    Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and  the  rights created  hereby shall be  governed,  interpreted  and  construed  by,  under and pursuant to the laws of Victoria, Australia, without reference to conflict of law  principles,  notwithstanding  mandatory rules.  The  validity of  this governing  law clause  is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors  and assigns.
17.    Independent Legal Advice
Both parties confirm  and declare that the provisions of the Terms are fair  and  reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality   or  bargaining power  or  general grounds of restraint of trade.
18.  Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.