Terms & Conditions
1.1. These terms and conditions (the Terms) govern your use of www.thecloakroom.com.au or any other affiliated websites (collectively, the Website) and your purchase of any suits, shirts, jackets, pants, shoes, ties or other products (the Products) from The Cloakroom (The Cloakroom), whether through the Website, over the telephone or in The Cloakroom store (Store).
1.2. You, being any entity who uses the Website and/or purchases the Products (you) acknowledge that you must also comply with The Cloakroom’s policies on the Website (the Policies), which will form part of these Terms, except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail (unless otherwise stated by The Cloakroom).
1.3. By using the Website and/or purchasing the Products, you warrant that you have read and understood these Terms and you agree to be bound by the Terms. These Terms (including the Policies) constitute the entirety of the terms and conditions applicable to your use of the Website and/or purchase of the Products, unless otherwise expressly agreed by The Cloakroom in writing.
1.4. The Cloakroom reserves the right to vary the Products, the Website, the Terms and/or the Policies, or any component contained therein, at any time in its absolute discretion and without notice to you. You agree that that your continued use of the Website and/or purchase of the Products constitutes an agreement by you to by bound by the Terms, as varied by The Cloakroom from time to time. If you do not agree to the Terms, you must not use the Website or purchase the Products.
You agree and acknowledge that:
2.1. The Cloakroom’s display of Products on the Website or in a Store constitutes an invitation to treat;
2.2. your placement of an order for any Products (the Order) constitutes an offer to purchase such Products;
2.3. your offer is not accepted by The Cloakroom until:
• The Cloakroom receives the full purchase price for all Products in your Order, plus postage costs; and
• The Cloakroom sends you a receipt for the Order, and
3. Pricing and Payment
3.1. In order to purchase a Product, you agree to pay The Cloakroom the price that The Cloakroom has allocated to that Product, plus any postage prices that are displayed on the Website or otherwise advised by The Cloakroom (collectively, the Price). You are also liable to pay any duties, taxes, government levies or other financial charges that might be added to your Order.
3.2. You must pay the Price for all Products in an Order upon submitting the Order.
3.3. The Cloakroom accepts payment via credit card, direct credit (in circumstances authorised by The Cloakroom).
3.4. The Cloakroom reserves the right to vary the prices of the Products, in its absolute discretion and without notice to you. You agree that any varied prices will apply to all Orders made after such variation.
3.5. If you trigger a ‘chargeback’ through your card provider or elsewhere, or if you fraudulently use the payment details of another entity, The Cloakroom has no obligation to provide you the Products and may refuse to sell you Products in the future.
3.6. In the event that The Cloakroom agrees that you may pay a deposit to secure a Product or fabric, then:
• it will advise you of the deposit amount (Deposit);
• you must pay the Deposit to The Cloakroom;
• the Product or fabric is not secured until The Cloakroom confirms this in writing and receives the Deposit; and
• you must submit your Order (and pay the Price) for the applicable Product/s within a reasonable time of paying the Deposit, failing which The Cloakroom may cancel the arrangement.
3.7. Unless otherwise expressly stated by The Cloakroom, all prices for the Products are in Australian Dollars (AUD) and, unless otherwise stated, include GST.
3.8. You agree that The Cloakroom may apply or set-off any monies that it receives from you towards any amounts that you owe The Cloakroom under these Terms.
4. Shipping and Delivery
4.1. Subject to your compliance with these Terms, The Cloakroom will supply the Products in an Order to you.
4.2. The Cloakroom posts your Order to the address that you provide when submitting the Order. All deliveries will require a signature, unless you request otherwise. Upon the delivery of the Order to your nominated address, ownership of, and risk in, any Products in the Order pass to you.
4.3. Any delivery times displayed on the Website or specified in an email from The Cloakroom are estimates only. Dispatch and delivery times may vary depending on availability or factors outside of The Cloakroom’s control, and you release The Cloakroom from any liability relating to the timing of the postage or delivery of your Order.
4.4. In the event that you do not receive an Order within fourteen (14) days of the date when you receive The Cloakroom’s confirmation that the Order has been shipped, please advise The Cloakroom by email.
4.5. If The Cloakroom determines that an Order was lost as a result of its delivery company, The Cloakroom will replace the Order. However, if you did not receive your Order as a result of you providing the incorrect address, or any other breach, act or omission on your part, then The Cloakroom has no obligation to replace the Order.
4.6. If there are multiple Products in an Order, you acknowledge that they might be sent separately, depending on availability.
5. Refunds and Returns
5.1. You agree that The Cloakroom’s Policies regarding alterations, remakes and returns apply.
5.2. You acknowledge that any postage costs you pay for the Order are non-refundable. The Cloakroom will not be liable for any costs that you incur, including but not limited to postage costs, in order to return any Product/s to The Cloakroom.
5.3. The Cloakroom must receive any returned Products in their original condition and they must not have been worn, washed, altered or otherwise used or changed in any way.
5.4. Please be aware that The Cloakroom monitors any potential misuse of its returns policy. If The Cloakroom determines that you are abusing or misusing its returns policy, The Cloakroom reserves the right to refuse your request and/or restrict or cancel your access to the Website or the Products.
5.5. The Cloakroom will process any returns or refunds once The Cloakroom has verified, in its discretion, that you have complied with the Terms and the Policies.
6.1. The Cloakroom reserves the right to cancel your Order at any time prior to ownership of the Products passing to you, in which event The Cloakroom will refund you any money that you have paid for those Products within fourteen (14) days.
6.2. If you wish to cancel an Order, you may email The Cloakroom requesting its consent to do so. Please note that if The Cloakroom has already posted your Order or commenced manufacturing your Products, you are not entitled to cancel the Order. In other circumstances, The Cloakroom may agree to cancel the Order, in which case The Cloakroom will refund you the price of the cancelled Products.
7. Promo codes
7.1. The Cloakroom may offer promotional codes from time to time, subject to any conditions or Products that The Cloakroom determines, in its absolute discretion (Promo Code).
7.2. Only one Promo Code can be used on an Order.
7.3. In the event that The Cloakroom determines that a Promo Code has been wrongly copied, distributed or otherwise misused, The Cloakroom reserves the right to cancel, modify or suspend the Promo Code in its discretion.
7.4. The Cloakroom makes no guarantees or representations regarding Promo Codes and is released from any liability arising in relation to them or their failure.
By using the Website and/or purchasing the Products, you, at all times:
8.1. agree to provide accurate, current and complete information to The Cloakroom at all times;
8.2. warrant that you are over the age of 18 (or, if under this age, that you are supervised by a parent or guardian, who agrees to be liable under these Terms also);
8.3. confirm that you have elected to use the Website and/or purchase the Products of your own free will;
8.4. acknowledge that your use of the Website and/or purchase of the Products may result in data usage charges from your mobile or internet provider;
8.5. use the Website and/or purchase the Products at your own risk and only for their intended purpose;
8.6. warrant that you are not allergic to, or otherwise unable to purchase or use any Products that you purchase; and
8.7. agree that, in the event that an account on the Website or for an Order is created in the name of a corporate entity, then these Terms are enforceable against that entity and the individual who creates the account and/or submits the Order on the entity’s behalf, which individual enters into these terms as personal guarantor for the corporate entity.
9. Booking System
9.1 The Cloakroom uses SimplyBook.me for its online booking service.
9.2. When a person (a "Client") uses the software for booking an appointment;
- he/she hereby accepts the provisions of Simplybook's Terms & Conditions for Clients
- and further agrees and understands that all applicable fees applied by the User are payable and any additional provisions may be applicable by the user via the website.
9.3. When a Client makes any change in the booking including but not limited to canceling, the responsibility to be familiar with the applicable policies and procedures of the User lies to him/her.
You must not, at any time:
10.1. use the Website or purchase the Products for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
10.2. use or attempt to use another user’s account without authorisation;
10.3. infringe a third party’s intellectual property, or other, rights;
10.4. harass, abuse, intimidate, stalk, threaten, bully, or otherwise offend any other customer in a Store or other user of the Website, or use the Website in a defamatory or offensive way;
10.5. make disparaging remarks or comments about, or do anything that may be detrimental to, The Cloakroom;
10.6. post, transmit or distribute anything which has the potential to cause technical damage to the Website (include a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful);
10.7. reverse engineer, decompile or dissemble any part of the Website;
10.8. hack into any aspect of the Website or The Cloakroom’s business and/or corrupt data (including by trying to access other user’s passwords, phishing, accessing hidden URL’s, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to);
10.9. send unsolicited advertising, promotional material or other content to The Cloakroom or any of its customers; or
10.10. assign your rights and obligations under these Terms, in whole or in part, without The Cloakroom’s prior written consent (in this regard, you agree that any unauthorised assignment shall be deemed null and void).
11. The Cloakroom
You agree and acknowledge that The Cloakroom may, at any time in its absolute discretion and without notice to you:
11.1. modify, suspend or terminate your access to a Store or Website, in whole or in part,
11.2. assign its interests outlined in these Terms; and/or
11.3. run advertisements and promotions on the Website, and in this regard The Cloakroom will not be a party to any dealings that you may have with any other entities as a result of such advertisements or promotions.
You agree and acknowledge that acknowledge that:
12.1. the colours, appearance, sizes and other aspects of the Products shown on the Website may vary slightly from the actual Product/s you receive;
12.2. you must follow the care instructions on each garment, including specialty dry clean only for certain pieces;
12.3. the Products have not been sold to you by way of sample;
12.4. you have not made any representations to The Cloakroom regarding the purpose for which you intend to use the Products; and
12.5. no representations have been made as to the fitness or suitability of the Products for any purpose.
In the course of purchasing the Products, you may request that The Cloakroom provide measurement and associated services (the Services) to you. In respect of the Services, you agree and acknowledge that:
13.1. The Cloakroom may elect, in its absolute discretion, to provide the Services;
13.2. in the event that The Cloakroom agrees to provide the Services, it will do so at a time nominated by The Cloakroom, and subject to any other conditions that The Cloakroom determines;
13.3. you must act in a polite, courteous and respectful manner and must otherwise comply with the reasonable requests of The Cloakroom’s employees and representatives;
13.4. in the event that you do not comply with these Terms, The Cloakroom may cease providing the Services and refuse you access to the Store; and
13.5. you release The Cloakroom from any claims, demands or other losses associated with your receipt of the Services and/or attendance in a Store.
14. Intellectual Property
14.1. The Products, the Stores, the Website and all components contained therein, including, without limitation, all trade marks, service marks, patents, designs, works, presentations, booklets, checklists, videos, films, graphics, photographs, scripts, sound recordings, images, documents, systems, platforms, databases, know-how, trade secrets, domain names, internet addresses, data, computer software and other materials (collectively, the The Cloakroom IP) are the property of The Cloakroom and its related entities, as defined in the Corporations Act 2001 (Cth) (Related Entities).
14.2. The Cloakroom owns all intellectual property rights in relation to the The Cloakroom IP which arise by operation of legislation, common law or equity, including, but not limited to, all present and future rights, title and interest in and to such works and other forms of intellectual property, irrespective of whether such items or rights are registered, or capable of registration. All goodwill accrued in relation to the The Cloakroom IP accrues to the exclusive benefit of The Cloakroom and its Related Entities.
15. Limited Licence
15.1. The Cloakroom hereby grants you a non-exclusive, revocable, limited, non-sublicenseable licence to wear the Products and/or use the Website to purchase the Products. In using this licence, you must not:
use the The Cloakroom IP other than for its intended purpose;
• use or display the The Cloakroom IP in any way that indicates that The Cloakroom has endorsed or approved you or your products or services without The Cloakroom’s prior written approval;
• copy, adapt, reproduce, broadcast, store, transmit, distribute, display, print, publish or create derivative works from any of the The Cloakroom IP;
• imitate or use in the same or a deceptively similar fashion any of the The Cloakroom IP, in whole or in part, including the look and feel of the Products, the Website and/or the Stores;
• use any data mining, robots or similar data gathering or extraction methods with respect to the The Cloakroom IP;
• use the Website, the The Cloakroom IP or the Products in any way that could damage The Cloakroom, its reputation or the goodwill or other rights associated with the The Cloakroom IP (including by way of social media platforms, including Facebook, Instagram or Twitter); or
• use the The Cloakroom IP for a commercial purpose.
15.2. Nothing in these Terms should be construed as granting you any licence or right to use The Cloakroom’s business names or trade mark/s, registered or unregistered, at any time without its prior written consent.
16. Your Material
In the event that you are deemed the owner or author of any intellectual property (including any ideas, designs, photographs, know-how, techniques, questions, reviews, comments, messages or other content) (Your Material) that is derived from, or otherwise related to, the The Cloakroom IP, then you hereby:
16.1. Grant The Cloakroom an irrevocable, perpetual, royalty-free, worldwide, transferrable and sub- licensable licence to use Your Material in any way, in its discretion and for any purpose;
16.2. At The Cloakroom’s election, you agree to assign to The Cloakroom the ownership in Your Material, in whole or in part (and you acknowledge that this provision constitutes an effective assignment of such intellectual property rights); and
16.3. Warrant that such material does not breach these Terms and that you have the right to grant the above licence or assignment, as the case may be.
The Cloakroom is entitled to terminate the license in these Terms and/or your access to the Website, a Store and/or the Products, without notice to you, in the event that you breach the Terms.
18. Liability and Indemnity
18.1. Except as expressly stated by The Cloakroom, the Products and the materials contained therein are provided on an “as is” basis and without warranties of any kind. To the extent permitted by law, The Cloakroom expressly disclaims all other warranties, express or implied, relating to the Products, the Website and the Stores.
18.2. You waive, release and covenant not to assert against The Cloakroom or its Related Entities or associates any claims, demands or allegations of any nature, including but not limited to, in relation to:
• any errors, omissions, delays, interruptions or other matters relating to the Website, the The Cloakroom IP and/or the Products;
• any materials or content posted or otherwise transmitted by a third party on the Website or on other forms of social media; and/or
• any accident, loss or damage to property or death of or injury to any person of whatever nature or kind (in this regard, you warrant that you enter the Store at your own risk).
18.3. Without limiting the remainder of this clause 18, neither The Cloakroom or its Related Entities or associates shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind.
18.4. In no event shall the aggregate liability of The Cloakroom, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the Website, a Store or the Products, exceed the replacement amount of the applicable Products.
18.5. You agree to indemnify The Cloakroom and its agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from or relating to:
18.6. your fraud, misconduct, negligence or breach of these Terms; and/or
18.7. Your Material.
19. Third Party Links
The Website may include links to websites, platforms or other software operated by third parties. The Cloakroom has no responsibility or liability for the content and activities of such websites, platforms or software.
21. Applicable Law and Venue
You agree that all disputes, claims or other matters arising from or relating to your use of the Website and/or purchase of the Products will be governed by the laws of Victoria, Australia. You agree that all claims arising from or relating to the Website or the Products will be heard and resolved in a court of competent jurisdiction located in Victoria, Australia. All references to a time in the Terms is that time in Victoria, Australia.
If any provision of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that The Cloakroom has the right to send you certain information in connection with the Website and/or the Products and you hereby consent to receive communications from The Cloakroom electronically. The Cloakroom may send you this and any other information in electronic form to the e-mail address you specify through the Website or at a Store. Notices provided to you via e-mail will be deemed given and received on the transmission date of the email.
You agree and acknowledge that:
24.1. these Terms are for The Cloakroom’s benefit and may be waived in writing by The Cloakroom, in whole or in part, at any time in its discretion; and
24.2. in the event that a dispute arises as to the interpretation of a provision in these Terms, The Cloakroom’s interpretation shall prevail.
You agree that a failure, delay in exercise or partial exercise by The Cloakroom in enforcing any provisions of the Terms shall not operate as a waiver of its rights in relation to enforcement of those provisions. Any waiver by The Cloakroom must be in writing and signed by The Cloakroom.
In these terms, unless otherwise stated:
26.1. a reference to a person includes a natural person, a company or other entities recognised by law;
26.2. a reference to any legislation, statute, ordinance code or other law includes regulations and other instructions under it and consolidations, modifications, amendments, re-enactments or replacements of it;
26.3. a reference to a time is to that time in Melbourne, Australia;
26.4. a reference to writing includes electronic communication;
26.5. an obligation, representation or warranty on the part of two or more persons binds them jointly and severally;
26.6. an obligation, representation or warranty in favour of two or more persons is to be construed for the benefit of them jointly and severally; and
26.7. use of the word ‘including’ or any similar expressions are not words of limitation.
27. Questions and Feedback
If you have any questions regarding the Terms, the Products, the Website and/or the The Cloakroom IP, or if you have any copyright complaints, please email The Cloakroom at email@example.com.