Terms and Conditions of Sale

STEP ONE TERMS AND CONDITIONS OF SALE

Our terms

These Terms
1. What these terms cover. These are the terms and conditions on which we supply products to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are. We are Step One Clothing Australia Pty Limited, a company registered in Australia. Our ABN is ABN 516 408 371 81and address is 110 Bourke Road, Alexandria, NSW 2015, Australia.
2. How to contact us. You can contact us by writing to us at info@stepone.life
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
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.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3. New Zealand website. Our website at www.nz.stepone.life is intended for the promotion of our products in New Zealand.
4. We are not obliged to accept your order. 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 email 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.
5. Trade Marks: “Step One” and our logo are owned by us or our affiliates. You cannot re-sell, wholesale or distribute the brand without express written consent from Step One.
OUR PRODUCTS
1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
OUR RIGHTS TO MAKE CHANGES
1. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
PROVIDING THE PRODUCTS
1. Delivery costs. The costs of delivery will be as displayed to you on our website.
2. When we will provide the products. During the order process we will let you know when we reasonably anticipate that we will provide the products to you. We will deliver them to you as soon as reasonably possible.
3. We are not responsible for delays outside our control. If our supply of the 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.
4. When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us.
5. When you own products. You own the products once we have received payment in full.
6. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the waist size required. If so, this will have been stated in the description of the products on our website. If you do not give us this information you will not be able to order products from us and we will not be responsible for not supplying them.
YOUR RIGHTS TO END THE CONTRACT
1. You may have the right to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Without limiting your legal rights:
  1. If there is a problem with what you have bought , see clause 9;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
  3. If you have just changed your mind about the product, see clauses 7.3 and 7.4.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
  1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  2. there is a risk that supply of the products may be delayed for an unreasonable time;
  3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a reasonable time; or
  4. you have a legal right to end the contract because of something we have done wrong.
3. Our First Pair Guarantee. Please note, our First Pair Guarantee and Shipping/Returns reflects the goodwill guarantee offered by us to our New Zealand customers, which is more generous than your legal rights, as we are not legally required to give you a refund or exchange if you change your mind. This goodwill guarantee does not affect your legal rights (see clause 9.3). Under the First Pair Guarantee:
  1. You can request a different size or a full refund at any time on your first pair of Step Ones if you do not like them for any reason.
  2. There is no requirement to return the first pair of Step Ones you buy from us if you are exercising your rights under our First Pair Guarantee (although if you do return the first pair (and the other pairs if the first pair was in a multi-pack) then you will have to pay the costs of return).
  3. The First Pair Guarantee applies to your first pair of Step Ones, even if you have unsealed them.
4. If you change your mind. Except under our First Pair Guarantee, you may not change your mind in respect of products (including our trunks and briefs) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them. In other cases, we allow you 30 days following purchase to return your unsealed/unopened items for exchange or refund if you change your mind (see our Shipping/Returns page).
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. Email us at info@stepone.life. Please provide your name, shipping address, details of the order and, where available, your phone number and email address
  2. Online. Complete the form on our website.
2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us (except for the pair of Step Ones for which you are exercising your rights under our First Pair Guarantee). You must post them back to us at Step One Clothing C/O Next Logistics, Unit 1A, 35-47 Stennett Road, Ingleburn, NSW 2565, Australia. Please email us at info@stepone.life for a return label. Except where you are exercising your rights under our First Pair Guarantee, if you are returning the products because you have changed your mind you must send off the products within 30 days of purchase.
3. When we will pay the costs of return. We will pay the costs of return:
  1. if we agree there is a problem with the products (including I breach of a consumer guarantee) (refer to clause 9); or
  2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, an unreasonable delay in delivery or because you have a legal right to do so as a result of something we have done wrong.
  In all other circumstances (including where you have changed your mind) you must pay the costs of return.
4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. Deductions from refunds if you have changed your mind. If you have changed your mind:
  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop or the products are not in a saleable condition. See our Shipping/Returns page. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way or they are not in a saleable condition, you must pay us an appropriate amount.
  2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
6. When your refund will be made. We will make any refunds due to you as soon as possible. If you have changed your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see our Shipping/Returns page.
IF THERE IS A PROBLEM WITH THE PRODUCT
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team at info@stepone.life. You may have rights under the Consumer Guarantees Act 1993 (“CGA”). Unless clause 11.2 applies, we will honour your rights and our obligations under the CGA.
2. Pre-worn products: We will not regard products as faulty if we believe they have been used in extraordinary situations or they have deliberately been tampered with. (Step One products are designed to be worn the correct way: wearing them inside out will void any warranty claims as this creates excessive wearing on the stitching which is designed to be worn on the outside of the garment). See also clause 7.4.
3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage or collection. Please email us at info@stepone.life for a return label or to arrange collection.
PRICE AND PAYMENT
1. Where to find the price for the product. The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
2. We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
3. 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. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
4. When you must pay and how you must pay. We accept payment with the payment methods shown on our website. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
6. Gift Cards. Gift Cards can be purchased through our website. A discount code is issued for Gift Cards. You cannot use two discount codes at the same time to 'stack' discounts: only one code can be used at a time. Step One will not partially refund unused portions of Gift Cards. Gift Cards cannot be redeemed for cash. They may be subject to additional terms shown on them or on our website. A gift card is valid until the expiry date shown on it.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. Our liability is limited. Subject to clauses 9 and 11.2, and to the fullest extent permitted by law, our liability for any loss or damage suffered by you as a result us breaching our obligations under these terms whether in contract, tort (including negligence) or otherwise however caused (including direct, indirect, consequential or special loss or damage, and including arising by reason of defects in the products) is limited to a refund or replacement of the relevant products.
2. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose to the maximum extent permitted by law we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. To the maximum extent permitted by law and solely to the extent it is fair and reasonable to do so, to the extent that you are acquiring the products for business purposes, you represent and warrant the same, and accordingly:
  1. the CGA does not apply to the supply of the products; and
  2. sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (“FTA”) are excluded and our liability under the FTA is accordingly limited. To the extent the CGA and/or the FTA applies, and you are not acquiring the products for business purposes, nothing in these terms limits your rights under the CGA and/or the FTA
HOW WE MAY USE YOUR PERSONAL INFORMATION
1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
OTHER IMPORTANT TERMS
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 7.3 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 13.2 in respect of our guarantee. 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.
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by New Zealand law and you can bring legal proceedings in respect of the products in the New Zealand courts.