terms and conditions
Terms and Conditions
Welcome to the Forever New website! By accessing www.forevernew.com.au you agree to be bound by our terms and conditions of use, as updated from time to time without notice. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Forever New reserves the right to withdraw or restrict access to (including individual access) or take down the Website at any time without notice for any reason. We will not be liable if for any reason this Website is unavailable at any time or for any period.
Purchases using the Forever New website must only be made for personal use.
By using our website, you consent to our collection of your personal information
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website; or in any way which is malicious, unlawful, offensive or obscene, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this Website to transmit or send unsolicited commercial communications, advertising or promotional material, commonly referred to as "spam". You will not hack or attack any aspect of the service or Website; corrupt data; cause annoyance to other users or infringe upon the rights of any other person's proprietary rights.
You will not post misleading or deceptive material or information in relation to Forever New, its service or products.
The materials, images and content displayed on this website are the property of Forever New and are protected by copyright, trade mark and other intellectual property laws. You may store, print and display the content supplied solely for your own personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Forever New.
Save for the above, Forever New does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Website or in the user interface of the Website.
Any material you post, send to us on or via the Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, reviews, ideas or other information. We will be entitled to use such material for any purpose without compensation to you and you. All intellectual property rights (including copyright) in the material you post or send to us via the Website vest soley and completely in Forever New and you assign all right, title and interest to Forever New.
Limitation of liability and indemnity
Forever New will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
To the maximum extent permitted by law Forever New will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website for any indirect, special or consequential loss for any individual or business losses.
This does not affect Forever New’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Forever New, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these terms.
By submitting any content to Forever New and participating in reviewing items and online content you represent and warrant that:
- you are the sole owner of the intellectual property rights shared in the Website;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is relevant and accurate and genuinely held (where it states opinion) and not misleading or deceptive;
- you understand you are participating in a public forum and that is publically available;
- use of the Website does not violate these Terms and will not cause any damage, loss or injury to anyone;
- the content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- the content does not violate any law, statute, ordinance or regulation;
- that is, or may reasonably be considered to be, obscene, defamatory, hateful, racially or religiously biased, offensive, threatening or harassing to anyone;
- for which you were compensated or granted any consideration by any third party;
- that impersonates any person, or misrepresents your identity or affiliation with any person;
- that includes any information that references other websites, addresses, email addresses, contact information, phone numbers or other personally identifiable information in respect of any individual
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any use of the Website and use of the review mechanisms that you submit, you grant Forever New a perpetual, irrevocable, royalty free, transferable and sub-licensable right and license to use in any way such content throughout the world without compensation to you or anyone else. This license will survive the termination of these Terms and your use of the Website.
Third party websites
The Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Forever New does not control, endorse, sponsor or approve any such third party websites or their content nor does Forever New provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
Buying online with Forever New
To buy from our Website you must by 18 years or over and have a valid credit card and be making purchases for personal use only. We cannot guarantee that your size and style will be in stock when you order from our Website. Dispatch times may vary according to availability and we take no responsibility for any delays in delivery.
Forever New reserves the right to refuse to fulfil or cancel any order; inlcuding those that do not comply with Forever New's terms and conditions, bulk orders or orders which it believes to be fraudulent. Forever New may refuse any order or cancel an order if it believes that the order is not for personal use.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance of the order and completion of the sale will not occur until your payment has been received by us.
Pricing and Availability
Forever New strives to ensure that all details, descriptions and prices which appear on this Website are accurate, however errors may occur from time to time which we will correct without notice. If we discover an error or we are unable to fulfil the order we will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method. If your order is cancelled in accordance with these terms and conditions, your payment will be refunded, crediting your original method of payment.
Where applicable, prices are inclusive of GST and delivery costs are charged and displayed in addition to the cost of the item(s).
We reserve the right to refuse to fill any orders that you may place based on incorrect information on the Website.
We may from time to time offer limited promotional discount codes which may be used to purchase items on our Website. The conditions of use relating to any discount code will be specified at the time of issue.
If you have any queries or concerns regarding Forever New’s Returns Policy, please contact our customer service team on email@example.com or phone us on 1300 720 687 for all Australian residents or 0800 100 635 for all New Zealand residents Monday - Friday (9am - 5pm AEST).
If you breach these Terms, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms. Any waiver of any provision of the Terms will be effective only if it is in writing and executed by Forever New.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
The Website is available only to people who can form legally binding contracts under applicable law.
Breaches of these terms and conditions
Without prejudice to Forever New’s other rights under these Terms, if you breach these Terms in any way, Forever New may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Forever New may revise these Terms from time-to-time. Revised Terms will apply to the use of this Website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms constitute the entire agreement between you and Forever New’s in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.