In these Terms of Service, "we", "us", "our" or "Crumpler" means Crumpler PTY LTD. Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Crumpler will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We 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.
4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Crumpler or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Crumpler and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Crumpler or its licensors. No licence or consent is granted to you to use Crumpler marks in any way, and you agree not to use these marks or any marks which are similar without the written permission of Crumpler.
Where you register for any area of this Website, the following terms and conditions apply.
- You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
- Crumpler reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
- If you use multiple accounts for the purpose of disrupting the Crumpler website or services you may have action taken against all of your accounts.
- If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Crumpler account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
- Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Crumpler account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Crumpler account(s).
6. TERMS OF SALE
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Crumpler you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Crumpler retains the right to refuse any order made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
7. OUR CONTRACT
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. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
8. PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
9. RETURNS AND COLLECTIONS
9.1 Returning goods if they are faulty Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Online Team. Please include as many details as possible about the order and the problem with the goods.
This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind or need a different size.
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
10. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
11. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Crumpler and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Crumpler.
1. YOUR DATA
"your data" means any information about you which is personally identifiable, including, without limitation, your name, address, telephone number, email address, Registration Name, Password, where applicable, and other information from which you can be identified and which you may disclose to us or otherwise via the site at any time. This information is known as "personal information" because it is capable of identifying you as a living individual. Personal information is afforded certain protections under data privacy and other laws and you can be assured that your personal information will be handled at all times by us in compliance with such laws.
We may also collect information from you at the site that does not personally identify you, thought it may be unique or consist of or contain information that you consider personal. For example, we automatically collect the following information: clickstream information such as the address of the web site that you came from before visiting our site, which pages you visit on the site, what country you are browsing from and what default language your internet browser is set to, which browser you used to view the site and any search terms you have entered on our site. This information is anonymous meaning we cannot identify you personally.
2. COLLECTION OF YOUR DATA
We collect your data when:
2.1 you create an online account;
2.2 you place an order;
2.3 you make a complaint or enquiry or provide other feedback to us;
2.4 you place a comment on the site;
2.5 you submit an entry to a competition or prize draw; or
2.6 you disclose your data to us through the site at any other point.
3. USE OF YOUR DATA
3.1 We use your data to:
3.1.1 process the registration of your online account and maintain your online account;
3.1.2 process and complete orders you place via the site;
3.1.3 process and deal with any complaints or enquiries made by you;
3.1.4 monitor, develop and improve the site and your experience;
3.1.5 make comments available on the site;
3.1.6 where (and only where) consented to by you, to send you and keep you updated with information by email/post/telephone about existing and new services and special offers from us.
3.1.7 where (and only where) consented to by you, to send you information by email/post/telephone about products or services of selected third parties; and
3.1.8 where you are a prize winner, to publish or otherwise make available a list of prize winners.
3.2 To opt-out of receiving any information pursuant to paragraphs 3.1.7 or 3.1.8, you can:
i. amend your preferences accordingly in your online account;
ii. use the facility contained in any such communication; or
iii. email us at email@example.com stating your name and desire to be removed from the list. Your request to be removed from our email list may take up to five (5) business days to become effective. Please note that you may receive emails that were already in process even though we have removed you from our list. Even if you are removed from our list, please know that if you place an order on our site we will send you an email confirmation.
3.3 your data will be held by us for so long as is necessary for the purposes for which it was collected, for the settlement of any potential disputes which may be raised or otherwise in accordance with legal requirements.
3.4 Please be aware that when you choose to post a comment review to the site, this and any personal data that you choose to include in it may be made available on the site and therefore be accessible to any visitor to the site. Please therefore think carefully about the content of your comment and only make available what you are happy for others to read.
4. PASSING ON YOUR DATA TO THIRD PARTIES
4.1 We may pass on your data to other parties as follows:
4.1.1 to our employees, agents and sub-contractors to administer your online account and orders and other parts of the services;
4.1.2 to third parties in the circumstances set out in Clause 3.1.8;
4.1.3 some general statistical information about the site user base, sales patterns, traffic volumes and related matters may be passed on to reputable third parties and cookies (see 6 below) and other web analytics may be collected and processed by a third on our behalf but these details will not include information personally identifying you;
4.1.4 we may disclose your data to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or where required by law;
4.2 we do not actually pass your data to third persons other than in the circumstances set out in 4.1 above. Any administration or correspondence under paragraph 4.1 (save in the case of 4.1.2) is conducted by us on behalf of third parties and they do not have any access to your data unless you yourself choose to contact them or give your consent to such third persons directly.
5. DATA SECURITY
5.1 We endeavour to take all reasonable steps to protect your data. All the data collected by us is stored on a secure server. The secure server software encrypts all personally identifiable information you input when you place an order before it is sent to us.
6.2 For more information on cookies and how to disable them, you can consult the information provided at www.allaboutcookies.org.
7. ACCESS TO AND UPDATING YOUR DATA
7.1 Where you are a registered online account holder, you may access and update your data contained in your online account. You must make sure that you update your data as soon as possible with any and all relevant changes. 7.2 If you would like to receive a copy of your data held by us, please email firstname.lastname@example.org
8. LOCATION OF AND TRANSFERS OF YOUR DATA
Your data may be held or accessed by Crumpler entities or its affiliates globally in the course of providing the site and services to you. We also use third party providers in order to fulfil the purposes set out in paragraph 3 above who may be located in other cities globally. In terms of any such transfers, we ensure that your data is transferred with relevant and appropriate contractual and other safeguards in place to ensure that it is kept secure and handled in accordance with relevant privacy laws. When you access or use this site, you consent to this transfer of your data on these terms. Please also note that if you choose to post a comment on the site then this and any personal data you choose to include in it may potentially be available to site users worldwide.
9. OTHER LINKS
Please be aware that the site may link to other web sites that may be accessed by you through our site. We are not responsible for the data policies, content or security of these linked web sites and encourage you to review the policies on these other sites.
10. CONTACTING US
If the damage falls under our world famous Crumpler 'Til Death Do Us Part' Warranty, then yes, absolutely. We'll even wear the repair cost.
If not, and you can't live without your loved one, Contact us using the contact form or send it to Crumpler HQ (address above) along with your details and a description of the problem, and we'll do our best. No promises, because not all damage can feasibly be repaired. Once we've done an assessment, we'll advise you if your bag is repairable, and the cost involved.
In an ideal world, we'd deliver your order personally, but we unfortunately our customers are too far-flung for that! While your order should arrive within the timeframe we specify for the shipping option you select, sometimes the unexpected happens. As a rule of thumb, wait an additional day then email email@example.com or phone us on +613 9999 1718 with your order number, which you'll find on the confirmation email we sent you.
Orders are processed daily Monday to Friday at approximately 11am and are shipped out the same day. Estimated timeframes for the arrival of your order are listed below.
Free Delivery: Aussie Post delivery within 3 - 7 days
Express Post: Aussie Post delivery within 1 - 2 days -Service operates between all capital cities (except Darwin and in Perth CBD only) and some major centres *
Economy: 3 - 10 day delivery worldwide*
Express: 2 - 4 day delivery worldwide*
Please note: We are not able to ship to any countries in Europe, Africa or South America.
*shipping estimates based on major metropolitan areas only.