Terms of service

Overview

This website is operated by StreetX. Throughout the site, the terms "we", "us" and "our" refer to Derive Pty Ltd trading as StreetX, a company registered in Australia with Australian Business Number 89 255 076 085. StreetX offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store 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.

Section 1 - Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province 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 products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to 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.

Section 2 - General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. 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. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Your order

4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because we have sold out of limited production run products, because we have identified an error in the price or description of the product, or we have identified your order as attempting to use methods generated by a script, macro, bot or through the use of other automated devices.

4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Section 5 - Products and availability

5.1 Availability. We try to ensure that the website does not have any technical problems and that products displayed are available. However, as our product lines are typically produced in limited production runs and released on our website in product drops for which there is high demand, we cannot guarantee the availability of the website or that any products on the website will be available for purchase. In the event that your ordered items are unavailable we will notify you as soon as we can.

5.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Colours on our website may vary slightly depending on how your monitor is calibrated and which operating system your computer or mobile device uses. We do our very best to make sure all our images are true to the actual product you are purchasing but we can't guarantee a perfect match every time due to almost limitless variations in home monitor set ups and operating systems.

5.3 Limits on sales. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. 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, at our sole discretion. 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. 

5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 7 - Delivery

7.1 The countries we ship to. The countries we ship to are listed here.

7.2 When your order will be shipped. The estimated delivery times are set out on our website here. Once we have despatched your order, we will send you an email confirming that your order is on its way.

7.3 Delivery costs. The costs will be as displayed to you on our website prior to checkout.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery (if possible) or collect the products from a local depot.

7.5 When you become responsible for the product. The product will be your responsibility once delivered to the address you gave us.

7.6 When you own products. You own a product once we have received payment in full.

7.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and Section 20 will apply.

7.8 We are not responsible for delays outside our control. If our supply of products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Section 8 - Price and payment

8.1 Paying for your order. The price of the order and delivery costs (which includes sales tax where applicable) will be in Australian Dollars and will be indicated during the order process. We accept payment for orders by Visa, MasterCard, American Express, PayPal, Afterpay, Zip Pay and Coinbase Commerce.

8.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the website. If the product's correct price at your order date is higher than the price stated, we will contact you and offer you the option to either confirm your order at the correct price or cancel your order. If the correct price at your order date is lower than the price stated, we will refund you the difference.

Section 9 - Customs duties and taxes

For customers outside of Australia: the price of the order excludes any overseas customs duties or taxes and any other customs requirements when importing products into a country outside of Australia. You will be responsible for any customs duties or taxes and any other customs requirements when importing products into a country outside of Australia. Any such customs duties or taxes may be significant and so please ensure you confirm the position before placing your order. We are not responsible for any such customs duties, taxes or requirements, nor are we responsible for any parcels returned for unpaid customs duties or taxes or non-compliance, and we will not issue refunds under these circumstances. YOU WILL BE CONTACTED BY THE RELEVANT THIRD PARTY LOGISTICS PROVIDER TO COLLECT PAYMENT OF ANY DUTIES, TAXES AND HANDLING FEES AHEAD OF DELIVERY.

Section 10 - Returns policy

10.1 Returns. If you are not 100% satisfied with your purchase you can return your products for store credit, provided we get them back within 14 days of the goods being received for online orders and 7 business days for in-store purchases. Goods returned must be in perfect original saleable condition in the original packaging and with all tags attached. We do not offer free returns on international orders and you are responsible for any return shipping charges, with the exception of returns of faulty items or items that are described or priced incorrectly. For your protection, please be sure to return your products via recorded or registered post. In the event of a refund being provided, this will be made to you as soon as possible via the original payment method. If you did not receive a returns form, please contact us via email at info@streetx.com.au.

10.2 Exchanges. Due to the limited availability of our products, we cannot hold stock for exchanges. If you are not 100% satisfied with your purchase then you may use our returns policy in accordance with Section 10.1 above. If you wish to purchase another item, then you must submit a new order online, although please note that certain items may no longer be available due to the limited production runs of our products. 

10.3 Non-refundable items. For hygiene reasons we cannot accept any returns on underwear, swimwear or socks, except where faulty or not as described. All items listed on sale, including Mystery Boxes, are also not refundable.

Section 11 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 12 - Pick up from store 

2.0 The StreetX Pick Up From Store option is currently disabled. Please refer to the below terms for previous and future reference.

12.1 StreetX provides customers with the option to collect online orders from our William Street location under the Pick Up From Store option at checkout. 

12.2 By selecting this option, you acknowledge that StreetX will hold this order at our William Street location for 14 days from the date you are notified that the order is ready for collection. 

12.3 StreetX will not hold Pick Up from Store orders at our William Street location for more than 14 days from the date an order is made available for collection. 

12.4 Once a Pick Up from Store order has been held at our William Street location for 14 days, it will be returned to our Warehouse location. 

12.5 Upon the order being returned to our Warehouse location, the customer will be automatically notified and contacted to pay for shipping of their order. 

12.6 Once a customer has paid for shipping of their order, the order will be dispatched by Regular Post. 

12.7 Any Pick Up from Store order for which shipping has not been paid for by the customer after being contacted by StreetX, and remains at our Warehouse location for an additional 7 days after being returned to the Warehouse location, will be made void. 

12.8 Once an order has been made void, a gift card equal to the value of the order will be automatically issued to the email address associated with the order and all the items contained within that order will be returned back into stock and retained by StreetX.

Section 13 - Specialty releases

13.1 All 72-hour releases, 24-hour releases and DTG items are made-to-order items and are considered specialty releases. As the products are made to order, shipping of orders containing these products will occur once the product has been printed. Fulfilment of orders containing these products will occur as they are made available to dispatch. Shipping times of orders containing any of the above products are longer than standard timeframes.

13.2 Production timeframes for specialty release items can be 24 hours to 7 days depending on stock held; this will impact order fulfilment for any orders that contain these products. Once the items have been produced, orders will be fulfilled from the earliest received. 

13.3 Rendr same-day delivery is available for specialty releases. Due to these products being made to order, Rendr delivery services are only able to be booked by us once specialty release products have been produced. 

13.4 Booking Rendr delivery for specialty release products does not mean your order will be printed quicker. If the Rendr delivery option is selected we are not able to offer refunds, as these orders will be sent out as a priority once the product has been received.

Section 14 - Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 15 - Third-party links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 16 - User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 17 - Personal information

Your submission of personal information through the store is governed by our Privacy Policy, which you can view here.

Section 18 - Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 19 - Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 20 - Our rights to end the contract

20.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or (b) you do not, within a reasonable time, allow us to deliver the products to you.

20.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Section 20.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

Section 21 - Disclaimer of warranties; limitation of liability

21.1 Your legal rights. You have certain rights under the law, including that any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this website. Nothing in these terms and conditions will affect your legal rights.

21.2 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

21.3 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

21.4 In no case shall StreetX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

21.5 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss of goodwill, business interruption or loss of business opportunity. 21.6 Nothing in these terms and conditions will have the effect of limiting or excluding our liability (i) for death or personal injury caused by our negligence, (ii) for fraudulent misrepresentation, or (iii) for any other liability which cannot be excluded or limited under applicable law, such as your legal rights referred to in Section 21.1 above.

Section 22 - Indemnification

You agree to indemnify, defend and hold harmless StreetX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 23 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 24 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 25 - Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 26 - Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia, and you can bring legal proceedings in respect of the products in the Australian courts.

Section 27 - Other important terms

27.1 We may change these terms and conditions from time to time.

27.2 We may transfer our rights and obligations under these terms to another organisation or deal with them in any other way that we consider appropriate.

27.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

27.4 Nobody else has any rights under these terms and conditions. This contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

27.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Section 28 - 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.

Section 29 - Contact information

Questions about the Terms of Service should be sent to us at info@streetx.com.au, or by post to StreetX, 272 William Street, Perth WA 6000, Australia