Terms and Conditions

Terms & Conditions

Welcome to Locals. The website http://www.localsaustralia.com.au/  (“Site") is owned and operated by Locals Pty Ltd (ABN 33 637 408 818) (“Locals”, "we", "our", "us").

These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms.  We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

1. ORDER AND FORMATION OF CONTRACT

1.1 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

1.2 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

1.3 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

1.4 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods  (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);

(b) we suspect that you might on-sell our products to other consumers;

(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or

(d) if there has been an error in the imagery, price or product description on the Site, 

(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.  

1.5 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order.  If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.  We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

2. CHANGE OF MIND RETURNS

2.1 In addition to your rights in relation to faulty products in clause 3, you can return any product:

(a) as long as the return is initiated in your Account and the return is placed in the post within 30 days of receipt of order confirmation email (or longer promotional return period, if applicable);

(b) unused, clean and in a saleable condition with the original tags still attached; 

(c) in the original packaging, which must be in the original condition, including sealed boxes; and

(d) it has not been specifically excluded from the change of mind returns policy, such as ‘Final Sale’ items.  The exclusion will be noted on the relevant product page on our Site and / or at checkout.

2.2 To ensure these returns are assessed and processed swiftly, you must follow the instructions set out underHow do I return an item’.

2.3 Upon receiving and inspection of your return, we will contact you about next steps.  Once determined the return is in compliance with clause 2.1, we will either:

(a) refund the price of the product returned to your original payment method;

(c) exchange the product for another of equal or lesser value, subject to availability.

2.4 We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us.  If the return, in our reasonable opinion, is not in compliance with clause 2.1, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.

2.5 We offer a flexible change of mind returns policy to streamline your shopping experience.   We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders. 

2.6 Nothing in this clause is intended to exclude any rights in clause 3 or any of your statutory rights as a consumer under Australian Consumer Law.

3. FAULTY PRODUCT RETURNS

3.1 We aim to provide you with products of the highest standard and quality.  If you have received a product with a defect, please contact our Customer Service as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible.  In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.  You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

3.2 If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate.  If the product is found not to have a defect or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

3.3 It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care. 

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.  Delivery options are set out here, however such information is indicative only.

4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

4.3 We will aim to leave the Order at the address advised by you at the time of purchase.  You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us.  Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point.  Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.  

4.4 By default, you provide authority to leave items at the address specified in your Order.  If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre.  If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.5 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery.  If delivery is delayed, risk shall pass at the date when delivery would have occurred.  From the time when risk passes to you, we will not be liable for loss or destruction of the product.

4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. CANCELLATION

5.2 If you wish to cancel your Order, please contact our Customer Service Team.  Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.

6. INFORMATION ON THIS SITE

6.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Locals.

6.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

6.3 Information about goods on the Site is based on material provided by third party suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

7. DISPUTE RESOLUTION

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.

8. PRE-ORDER RESERVATION

Locals shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to hello@localsaustralia.com.au

You acknowledge and agree that Locals may decline or delay reservations to avoid over-purchasing or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase Price.

9. PRE-ORDER PAYMENT

You will be charged the full price of the products at the time of placing the Pre-Order. If Locals is unable to commence shipping the Products in 30 days, Locals shall process a full refund to you. Your placing of a pre­-order constitutes your express agreement to Locals of charging the full Price of the Products at such time.

10. PRE-ORDER CANCELLATION

You or Locals may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is being prepared, which is approximately within 2 days from receiving your order online.
If you do so prior to our notice, you will obtain a full refund. Also, if Locals cancels your Pre-Order, you will receive a full refund.