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Number Nineteen | Terms & Conditions

INTRODUCTION
Hello and welcome to Number Nineteen!  We’re so glad you chose to visit us and we want your experience on our web site, www.numbernineteen.com.au (the “web site”) to be one you'll want to repeat again and again.  Please take a moment to read our terms and conditions.  It will take you through everything from using the website, ordering your items and paying online; delivery and some details about us. Thanks very much for reading!
1.ABOUT OUR COMPANY
1.1  Our Products
Since 2013, Number Nineteen has become a popular destination that offers cutting-edge unisex collections from 20+ international and local brands including Assembly Label, Thrills, Affends, Faithfull The Brand, Senso, Fallen Broken Street, OneTeaspoon, Quay Eyewear and many more… Plus a gorgeous collection of quirky and deluxe gifts + homewares and luxe leather goods.
We are continuously scouring the globe in search of the next big thing in fashion – all with one mission in mind: bringing you the freshest brands, the biggest trends and transforming these into the finest collections from all the treasures we find.
1.2   Ownership
Company Name: Anakat Pty Ltd

Trading Name: Number Nineteen
ABN: 25 168 234 464
Postal Address: Shop 13/19 Mooloolaba Esplanade,
                            Mooloolaba, Sunshine Coast QLD 4557
Website: www.numbernineteen.com.au
Email Address: info@numbernineteen.com.au
1.3  Delivery
Dispatch:
 We will aim to dispatch your order within three (3) working days. Delivery may take between 2 and 14 days, depending on the delivery company chosen.

Delivery Options:  We offer you a range of delivery options for your products.  Our delivery options are:
  • Australia Post Express Parcels
  • Australia Post Regular Parcels
  • Australia Post Air Mail
  • Australia Post Express Post International
International customers please note that ‘AIRMAIL’ does not include tracking, however you will be issued with a shipping number.
Additional Services:  If you require additional services to the standard services provided by Australia Post such as insurance or a signature on delivery, you will need to advise us in the ‘comments’ field of your order.  Costs for these additional services will be invoiced to you with your order.
Tracking Numbers:  Will be issued via email by Number Nineteen as part of the processing of your order and can be viewed at https://auspost.com.au/parcels-mail/track.html#/track
Processing Time:  Please note that Australia Post offer EXPRESS postage which means that your transit time is faster if this option is selected BUT here at Number Nineteen, we process each order in the order they are received regardless of your postage method selection.  In busy times, or if you select custom items, the processing of your order can take up to 3 business days.  Please also allow for weekends when the Post Office is closed so we can’t drop your parcel off.
Responsibility:  Once the goods have been accepted for delivery by Australia Post that we cannot be responsible for the delivery.  Please ensure that the shipping address you provide is complete & accurate. We cannot take any responsibility for incorrect entry of address details. The customer is liable for any additional shipping cost incurred by us due to incorrect address details provided.
Split Delivery:  We do not offer Split Delivery.
Events Beyond Our Control:  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract 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 but is not limited to:  
  • Strikes or other industrial action.
  • Civil commotion, terrorism or threat of, war or threat or preparation for. 
  • Fire, explosion, adverse weather conditions, subsidence, epidemic or     other natural disaster.
  • Disruption to supplies or delivery methods.
  • Acts of government or regulatory bodies.
  • Disruption to public or private telecommunications networks.
Customs and Border Control:  Occasionally, parcels going overseas may be delayed at customs control when entering your country. This is beyond our control and we cannot be responsible for the late arrival of parcels detained in this way.

2. THE CONTRACT
When we confirm acceptance of your order by confirming the products have been dispatched, a legally binding contract will exist between us.  If we do not confirm acceptance, we will refund your payment.
Your order constitutes an offer to us to buy a product. If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel or suspend their order.
This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.
Ownership of the products will only pass to you when we have received full payment.
A person who is not party to the contract shall not have any rights under or in connection with it.
3. RESALE
By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us.
4. PAYMENT & SECURITY
Payment Methods:  Payments can be made via PayPal,  all major credit cards via a Secure Credit Card Payment and Afterpay.
Secure Information:  We do not hold your credit card data. You do not enter any credit card data into the  Number Nineteen website.   When you come to pay for your products you leave our site and your payment is processed through thePayPal secure server.
5. PRICING
As stated on our website, our prices are in Australian Dollars ($AUD) and GST is charged. You will be charged in Australian Dollars even if you don’t live in Australia. We reserve the right to alter prices at any time. Overseas orders may incur bank charges for international transactions. Please note that any advertised special offers are subject to availability and may end before originally advertised.
International Orders:  Products delivered to destinations outside of Australia may be subject to taxes, fees, levies or other charges as a result of local legislation or customs formalities and we advise that you check the import charges applicable in the destination country before ordering products to be delivered there.
The recipient of the order is responsible for all customs formalities for the import of the products, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside of Australia. The recipient of the products, not the person placing the order, will receive a separate request for payment of these charges. If you are ordering products to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges.
You (or the recipient of the products if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it's your responsibility to check that any products ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.
6. CANCELLATIONS & RETURNS
Cancellations:
 We aim to dispatch orders within 3 working days, so if you want to cancel an order without incurring a cost for returning unwanted items to us, you will need to do it before your order is dispatched. If you do wish to cancel an order, you must advise us urgently via email to info@numbernineteen.com.au.If you would like to change anything about an order you must also contact us urgently via email to avoid having to pay for delivery again.  Please choose carefully.  We cannot be held responsible if you change your mind.
Returns:   You can return any item (other than swimwear and underwear) within 14 days (7 days from date of purchase if a sale item). Our address for returns is; Number Nineteen: Shop 19/13 Mooloolaba Esplanade, Mooloolaba, Sunshine Coast, QLD 4557.
Damaged Parcels:   We're very sorry if the Number Nineteen products you looked forward to receiving have arrived damaged. We do our best to pack them safely, but even the most lovingly prepared parcel can get dropped or jostled en-route to your house. Number Nineteen is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of Number Nineteen.
7. DISCLAIMER
To the fullest extent permitted by law, Number Nineteen absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Number Nineteen gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Number Nineteen to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
8. VARIATION
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Number Nineteens rights and obligations to each other. If we do, we will replace these terms on our website with our new terms.
9. PRIVACY
While you are using this site, and during the ordering process, any information and data collected from you will be used solely for the purpose of processing you order and improving our service to you. We will never sell on or disclose information to any third party whatsoever. Any information passed through this website is passed through a secure connection on the internet. If a customer wishes for their information to be removed from our database, this should be requested in writing to Number Nineteen, Shop 19/13 Mooloolaba Esplanade, Mooloolaba, Sunshine Coast, QLD 4557 or info@numbernineteen.com.au.
Cookies:  The cookies we use on this site will only be temporary session cookies, which won't hold any customer information.  By use of this website you agree to our use of the cookies outlined in our Privacy Policy. If you wish to opt out of accepting cookies online, we would be happy to receive your order via email to info@numbernineteen.com.au.
10. USE OF WEBSITE
Number Nineteen will present information and content on this website including, but not limited to, articles, opinions, statistics, product information, photographs, graphics, videos and audio files, as well as user generated content (collectively content). This content is general and provided for information purposes only. And while full care is taken in the preparation of the website’s content, Number Nineteen cannot guarantee accuracy, currency or completeness of the content on this website. The information on this website should not be used without verifying it with appropriate sources or obtaining professional advice.
Our website may include links to websites owned by other parties. We are not responsible for the material contained on these websites or responsible for their availability and we cannot be held responsible for any damage, loss or offence that may be caused by visiting these sites.
Number Nineteen may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Number Nineteen and the owners of those websites. Number Nineteen takes no responsibility for any of the content found on the linked websites.
11.   COPYRIGHT
Copyright exists in the website (numbernineteen.com.au). This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Number Nineteen expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
12. INTELLECTUAL PROPERTY
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act (1996, Commonwealth Law) and under the law of a country other than Australia.
13. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Number Nineteen. Number Nineteen expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Number Nineteen will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such non-permitted and improper use. Number Nineteen reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
14. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Number Nineteen's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
15. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
16. GOVERNING LAW
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts. If there is a dispute between you and Number Nineteen that results in litigation then you must submit to the jurisdiction of the courts of QLD.    
17. GENERAL
Entire agreement:

  1. These terms and conditions represent the whole agreement between you and Number Nineteen concerning your use and access to Number Nineteen's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth.
  2. Waiver:  Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.