Terms and Conditions

Terms and Conditions (“the Terms”)

Welcome to BLKlabel.com.au (the Website).  BLK Label Pty Ltd operates the Website. We are a company registered in Australia having its principal place of business in QLD and ACN 661 920 298.

This page (together with our Privacy Policy, Returns Policy and Delivery Policy) tells you information about BLK Label and the legal terms and conditions on which we sell any of the products listed on the Website.

BLK provides products and services to you subject to the terms and conditions in this Agreement.  When you purchase any products or services from us these terms will apply.  Before ordering any products from our site please read these terms carefully and make sure that you understand them. Before placing an order you will be asked to agree to these terms. If you do not accept these terms, you will not be able to order any products from our site.

We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.

Age of Consent

By placing an order at BLKlabel.com.au, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.  We operate under the ‘Age of Consent’ law.

About the Website

The Website provides you with an opportunity to:

  1. browse and purchase our products; and/or
  2. browse and purchase our services; and/or
  3. browse and view material or information where there is no paid supply or offer for purchase (our Services).

Please read the terms and conditions carefully as they govern your access to our Website (the Terms). By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website, or purchase any of our products or services.


These Terms may be updated by us at any time and by continuing to use the Website, you accept these Terms as they apply from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.  Any changes to the Terms take immediate effect from the date of their publication.


BLK/we/us/our means BLK Label Pty Ltd (ACN 661 920 298)


You/your means any person who accesses our Website or contacts us in person, by email or phone with regard to the products and services provided by us.

 

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BLK in the user interface.

 

Orders

BLK reserves the right to accept or reject an order for any reason including without limitation.

  • Once orders are placed, an order confirmation email will be sent to you.
  • Once the order is processed, a processed confirmation email will be sent to you.
  • Once the order is dispatched, a dispatch and tracking email will be sent to you.

Upon receipt of the order you agree to immediately inspect the order and contact us at info@blklabel.com.au if the product is defective, damage or you receive the wrong product.  You agree to provide all information we request in order to come to a dispute resolution.

 

Liability 

You are entirely responsible for what you do with all items purchased from BLK Label.  To the fullest extent permitted by law, we exclude all liability and responsibility related to your use of our Products and Services, what you do with them, and any issues you (or any other person, directly or indirectly) suffer while using our Products and Services or related to such use.

All BLK Label content is presented in good faith, however we make no warranty or representation about the accuracy or completeness of BLK Label content or the content of any website linked to or from the Website. To the fullest extent permitted by law, you agree we will not be liable for any damage, loss, claim or expense suffered as a result of reliance on the BLK Label content we provide or any linked site provides

Our inclusion of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.

 

Product Availability

BLK uses its best endeavours to ensure products ordered are available for delivery and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and BLK may need to reject an order you have placed for a product where we establish that it is actually unavailable for delivery. In such cases BLK will refund in full all amounts you paid in respect of such unavailable product.

 

Registration and Subscription to Use the Services

  1. In order to access our Products or Services, you may be required to first register for an account through the Website (the Account). You may not create an account unless you are of the legal Age of Consent’ in your country of residence and in the country in which you are accessing the website.
  2. In select cases, to access our Services, you must first purchase a subscription through the Website (the Subscription) and pay the applicable fee for the selected Subscription level (the Subscription Fee).
  3. After you have purchased the Subscription, if you have not already done so, you will then be required to register for an Account through the Website before you can access the Services ‘. When purchasing the Subscription, you agree that it is your sole responsibility to ensure that the Subscription you elect to purchase is suitable for your use or purpose.
  4. As part of the registration process, to access and use our Services, you may be required to provide personal information about yourself (for example, identification or contact details), including:
    • Email address
    • Preferred username
    • Mailing address
    • Telephone number
    • Password
    • Physical and/or Billing Address;
    • Credit Card Details; and
    • Other information as required

                        (‘Registration Information’)

  1. You warrant that any Registration Information you provide to BLK in the course of completing the registration process will be accurate, correct and up to date.
  2. You are solely responsible for the accuracy of the Registration Information that you submit in relation to the Registration Information.
  3. If we detect suspicious or incomplete Registration Information, we reserve the right to suspend or cancel your Account.
  4. Once you have completed the registration process, you will be a registered member of the Website (Member) and you are taken to have accepted and are bound by these Terms. As a Member, you will be granted access to our Services. In the case of Subscription Services, this access will be limited to the applicable subscription period for the level of Subscription to which you are subscribed (the Subscription Period)
  5. You may not use our Services or accept the Terms if:
    • you are not of legal age to form a binding contract with BLK; or
    • you are not of the legal age of consent in your country of residence or in the country from which you are accessing the website; or
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. 

 

Your Obligations as a Member / Account Holder 

As a Member, you agree to comply with the following:

  1. you will use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  3. any use of your Registration Information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BLK of any unauthorised use of your password and/or email address or any breach of security of which you have become aware;
  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of accessing our Services;
  5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by BLK;
  6. you will not use the Services or Website for any illegal, offensive or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by BLK for any illegal or unauthorised use of the Website; and
  8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

Payment

  1. In using the Services to obtain a supply of products or services through the Website including for a Subscription, you agree to the payment of the purchase price listed on the Website for the supply (the Purchase Price).
  2. Payment of the Purchase Price may be made through the payment gateway made available to you on the Website, for example, UrPay, Stripe or PayPal or other available payment processors (the Payment Gateway Provider). Electronic Funds Transfer (EFT) and other payment methods may also be available upon request in the sole discretion of BLK.
  3. In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  4. Following confirmation of your payment of the Purchase Price, you will be issued with a receipt to confirm that payment has been received and you authorise BLK to record your purchase details for future use.
  5. You acknowledge and agree that where a request for a payment due is returned or rejected, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs or surcharges, including banking fees and charges, associated with the Services or Subscription.
  6. Any prices displayed on our Website including Subscription Fees are subject to change without notice.
  7. You agree and acknowledge that BLK can vary the Purchase Price or Subscription Fee at any time. For Subscriptions, the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period. 

Cancellation

To cancel a contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. Please see our ReturnsPolicy for more information.

Data Protection

BLK is compliant with the Data Protection Act. We only use your personal information in accordance with our Privacy Policy. We will not pass on your details to any third party without your prior consent.

As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any confidential information included in Member Content, including personal information, could be improperly used or disclosed by any other person and you agree that BLK Label are not liable for this.

Copywrite and Intellectual Property 

  1. The Website, the Services and all of the related products and services of BLK are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
  2. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features and software) (the ‘Content’) or the Services are owned or controlled for these purposes, and are reserved by BLK or its contributors.
  3. All trade marks, patent designs, service marks and trade names are owned, registered, unregistered and/or licensed by BLK, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    1. use the Website pursuant to the Terms;
    2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
    3. print pages from the Website for your own personal and non-commercial use.
  4. BLK does not grant you any other rights whatsoever in relation to the Website or the supply of products and services by BLK. All other rights are expressly reserved by BLK.
  5. BLK retains all rights, title and interest in and to the Website and all related content or Services.
  6. You may not, without the prior written permission of BLK and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content, Services, third party content, or third party Services for any purpose, unless otherwise provided by these Terms.
  7. As a Member, you agree that you will use the Content and our Services only for purposes that are permitted by these Terms and in accordance with any applicable law, regulations or generally accepted practices or guidelines in the relevant jurisdictions. 

Disclaimer

These Terms apply to every transaction on the Website.

BLK Label provides the the Website 'as is' and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

In addition, BLK Label makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the BLK Label website or the information or content included in this site.

This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

We will make every effort to ensure the supply of any products is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

 

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:

    1. your breach of any of the Member Terms and Conditions;
    2. any transactions with any Third Parties, including Third Party Sites;
    3. any Member Content you upload or provide to us;
    4. your use of the Products and Services;
    5. any reliance by you on BLK Label Content; 
    6. any technical errors or corruption of data on the Website or software required to use the Services; or 
    7. reliance by us or any Third Party upon any acts carried out, requests made, or information provided through the use of your account.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of the BLK Privacy Policy.

 

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

 

External websites

BLK Label is not responsible for the content of external websites linked from BLKlabel.com.au.

The display of Linked Content or the provision of links to interfacing sites does not constitute an endorsement by or association with us of such Linked Content, interfacing sites, or products, advertising, or other materials presented on such sites.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such tnterfacing sites, or for any action taken by interfacing sites.

Jurisdiction

These Terms and Conditions are governed by the laws of Australia.

BLK Label reserves the right to amend these terms and conditions from time to time.

Events Outside 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 an Event Outside Our Control (which means any act or event beyond our reasonable control).

If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:

  • we will contact you as soon as reasonably possible to notify you; and
  • our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel a contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

Dispute Resolution 

  1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. Notice:
    A party to the Terms claiming a dispute
    (Dispute), must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution:
    On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must: 
    1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. The mediation will be held in Maroochydore, Australia.
  1. Confidential:
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  2. Termination of Mediation:
    If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Additional Terms

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.

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

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

The availability of profiles, special editions, merchandise, tickets and competitions shown or referred to on this web site is subject to change, delay or cancellation due to out of stock issues, blend changes and freight delays.

Competitions may be subject to individual terms and conditions available at the time of entry. Employees of BLK Label Pty Ltd, including immediate families, cannot enter any competitions promoted on the BLK website.

Contacting us

If you have any questions relating to the Terms of Use, please contact us by emailing info@blklabel.com.au