By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Capilano or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Capilano.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Capilano may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
The materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Capilano or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if Capilano has been advised of the possibility of such loss or damages.
All prices and charges on this Website are in Australian dollars (AUD) unless stated otherwise. All prices displayed are inclusive of GST for orders for delivery within Australia. Prices displayed for orders for delivery outside of Australia exclude GST.
Our prices are detailed on the Website for each individual Good listed. We reserve the right to change our prices at any time. We will fulfil your order at the price listed at the time that you placed the order, unless there has been a genuine error, omission, out of date information or inaccuracy with respect to the relevant Goods on the Website. If this occurs, we will promptly notify you of such errors and, if relevant, refuse the order.
All payment methods are specified on the Website. We currently use third party payment processors Stripe (see https://stripe.com/au). Use of a particular payment processor may be restricted depending on your location. Payments made through payment processors are subject to the relevant payment processor’s terms. Please review the relevant payment processor’s terms before you make a payment.
Delivery charges cover packaging and delivery cost. Delivery charges will be charged in addition to the prices of Goods purchased from us. The delivery charges will be specified during the checkout process and included in the total price of your order.
Placing an order
To place an order through the Website, you must:
You must ensure that the information on your order is accurate and complete. If we cannot contact you about your order, using the contact details provided by you in the order, we may cancel the order and refund you any money paid by you.
We try to ensure that all of our Goods listings are current, but we do not warrant that all Goods listed on our Website will be available at the time that you place an order. All orders placed are subject to availability and our confirmation of the order. We reserve the right to refuse any order placed with us.
When you order a Good from our Website, we will send you email confirmation of receipt of your order to the email address you provide. This does not constitute acceptance of your order.
If you place consecutive orders with us separately, we cannot consolidate the orders and separate delivery charges will be applied to each order.
Unless we notify you that we refuse your order or that the item(s) that you have ordered are not available, our acceptance of your order and the formation of a contract between us occurs when we approve your payment and we (or our payment processor) debit your debit or credit card.
You may not amend or cancel your order, for any reason, at any time after your order has been placed (even if our acceptance or refusal of your order is pending).
If you place an order for delivery to another person, through the Services, you agree you have the consent of the recipient with respect to the provision of their personal information to us.
Goods purchased are strictly for personal use. You must not purchase any Goods through the Website for resale to a third party or for any trade purposes. If we have any concerns regarding the number of Goods that you have ordered, then we may contact you at the time of or soon after you place the order for the Goods.
We may withdraw or suspend from sale any Good displayed on the Website, at any time, either temporarily or permanently. We will not be liable to you or to any third party for any loss suffered as a result of the withdrawal or suspension from sale of any Good from the Website.
Promotional discount codes
From time to time, we offer promotional discount codes or coupon codes (Codes) to our customers.
If we provide you with a Code, you may enter it in the section marked “APPLY COUPON” at the shopping cart stage on the Website, when purchasing Goods, during the relevant promotion period. If the Code is accepted, the discount amount will be applied at the checkout.
We do not refund Code amounts at a later stage if, for any reason, the Code is not entered in the shopping cart in the “APPLY COUPON” section, at the time of purchasing the relevant Goods.
If you return any Goods to us that were purchased using a Code, the value of the discount applied to your original purchase cannot be used for subsequent purchases.
Shipping – Australia
The shipping fee is set out in the ‘Cart’ section of the Website when you place an order for Goods.
From time to time, we offer free shipping for standard delivery, within Australia for purchases through the Website.
If we offer free shipping, it only applies:
When we offer free shipping, no cash alternatives will be given. Free shipping may be subject to additional terms, as notified to you at the time that the free shipping is offered.
If you are eligible for free shipping, in accordance with the applicable terms stated in the offer and these Terms, you are responsible for selecting the correct postage option at checkout stage to obtain free shipping.
All shipping – risk, title and processing
All risk with respect to loss or damage for a Good ordered through the Services passes to you upon delivery to the delivery address.
Title to the Goods passes to you when we have received payment for them.
Goods are not available for collection. They will be dispatched to the delivery address that you provide to us in the order for the Goods. We will notify you when the Goods will be dispatched.
We will aim to dispatch (not including shipping) your order within 1-2 business days (Monday to Friday, excl public holidays in Queensland, Australia) of receiving your order. You will receive an email from Pack and Send with your tracking number once your order has been dispatched. Processing may take longer during certain times of year, such as prior to Christmas each year. Delivery (shipping) of your order is between 3 – 10 business days from the dispatch date. Delivery times will vary depending on the destination.
We do not process orders until our relevant payment processor, (Stripe) confirms to us that it has received payment for the relevant Goods.
We usually use Pack & Send for our deliveries. Pack & Send’s delivery times vary depending on delivery location and are subject to change. For information on Pack & Send’s standard delivery times and delivery terms for Australian deliveries, please see pack and send.
We do not have any control over delivery times once orders have been dispatched from our warehouse. To the extent permitted by law, we are not liable for any loss, damage or delay caused by Australia Post or any other delivery company used by us.
You must ensure that you the nominated recipient of the Goods are able to take delivery of the Goods without undue delay and at a time reasonably specified by us, Australia Post or any other delivery company used by us. If you or the nominated recipient are not able to take delivery of the Goods at the specified time, the delivery company may leave a card giving instructions on collection or re-delivery. If you or the nominated recipient do not collect the Goods or take delivery of the Goods on re-delivery, the Goods will be returned to us.
RETURNS & EXCHANGES – CAPILANO ONLINE SHOP
Due to the nature of our product, Capilano is unable to offer returns or exchanges on online purchases due to a change of mind. When you purchase clothing through the Services, please ensure that you select your correct size.
Refunds are available in line with Australian Consumer Law when: or at our discretion we may repair or refund you) within a reasonable time.
All return requests must be made within 28 days from the date of dispatch, including proof of purchase. Items must be in their original condition, including tags attached (if applicable).
If the Goods are faulty or damaged, please email us at [email protected] and include the following information:
If the Goods are faulty or damaged, we will let you know whether you need to return the item to us and if so, we will send you a prepaid satchel. Please place the faulty Good in the prepaid satchel, when you receive it, and post it back to us. Please return items within 28 days of the date you receive them.
Where an item is damaged through misuse or abnormal use, we will not provide a refund, exchange or repair.
We will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
Any item that is returned without clearly meeting the guidelines above will not be eligible for a refund.
Please note that online orders can only be returned online via the instructions above.
Where applicable, we have provided an online sizing guide for wearable merchandise, and detailed product descriptions to ensure that you can make the right purchasing decision when shopping on our website. Please read these carefully prior to purchase, to avoid disappointment.
SIZING & RE-STOCKS
Our merch runs are limited and can sell out quickly! For re-stocking of merchandise items, please keep an eye on our website, sign up to our mailing list, or follow us on social media.
We will provide updates on any new range additions and re-stocking there. For feedback or requests on future merchandise, please contact us here.
In the unlikely event that any Goods are subject to a product recall, we will post a notice to the Website. You can return any Goods subject to such a notice to us in accordance with the instructions in the recall notice.
If there is a product recall, you consent to us contacting you or the recipient of the relevant Goods by email, SMS, MMS, telephone or post with respect to the recall.
Website, online store and your privacy
When you access third party sites through the Website, such as our payment processor, Stripe, any personal information that you provide to them will be subject to their privacy policies. We are not liable for any loss suffered by you or any other person due to personal information provided by you to such third parties.