Terms & Conditions

Welcome to our website www.thirdavenew.com

Company: Third Avenew Pty Ltd trading as Third Avenew (also referred to in this document as “we”, “us” or “our”). Registered in Australia. ACN: 621387871.

This website is operated by Shopify. We encourage you to familiarise yourself with Shopify’s Terms of Service (http://www.shopify.com/legal/terms) and Privacy Statement (http://www.shopify.com/legal/privacy).

Please read these terms and conditions carefully before ordering any products or services from www.thirdavenew.com.

This document clearly identifies the terms and conditions you accept and are bound by when using our website.

WHO CAN USE OUR WEBSITE

www.thirdavenew.com is open to all people both nationally and internationally. You may only purchase from our website, if you permit to:

a) being of the legal age of eighteen (18) years or older, otherwise having parental or legal guardian consent.
b) providing a valid postal address at time of order.

Third Avenew is open to general private sales and not for business, resale or bulk orders. Should you wish to be a vendor of Third Avenew products/services, you can contact Third Avenew directly via the contact information provided. Third Avenew reserves the right to cancel or decline any order deemed to be for business or resale purposes.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

PRODUCT & ORDER INFORMATION

Please note that all orders are not confirmed until you have received a confirmation email from us (the seller) which binds us into a contract with you (the buyer). It is your responsibility to provide the correct delivery details to us upon placing your order. Third Avenew will not be responsible for the incorrect information submitted upon placing an order. The products/services purchased will become your responsibility from the time of dispatch.

Orders may be cancelled prior to dispatch, provided they are not Sale Items and/or have not been customised, by emailing office@thirdavenew.com.

Once an order has been dispatched it cannot be cancelled, you will need to wait to receive your items, and then follow the exchange and refunds policy below.

Orders may be cancelled at any time due to insufficient stock, suspicious or fraudulent activity, or inability to authorise payments. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Prices on the Website are inclusive of GST/tax VAT. Prices are subject to change at our sole discretion, and we may not provide any notice of these changes.

Prices are accurate to the best of our knowledge, however, in the unlikely event that a product price is incorrect, Third Avenew has the right to correct and/or change the price of the item. The product descriptions found on our website have been put together as accurately as possible and as truthful as we believe them to be. We cannot guarantee that our description will be on par with your ideas of the product. Product images may vary depending on lighting, photography aspects, and/or online monitors and devices. For this reason, the product images as seen on our website may differ from the product received.

Third Avenew only carries products that are authentic, first-run and purchased directly from the manufacturer meaning even such products are not entirely free of workmanship errors. This makes each product piece unique and subject to differentiation (for example, but not limited to, colour, finishing and size) for same models of the same product.

Stock levels shown on the website are an approximation only and Third Avenew cannot guarantee all models will be available at the time of ordering. Should stock be unavailable, Third Avenew is not responsible for any loss incurred to the customer.

PRIVACY

Please note that our terms and conditions and quality of products refer only to purchases made directly from us at Third Avenew. Should you make a purchase from another website or company found via www.thirdavenew.com, we cannot guarantee the quality of their products or provide any warranty. 

Should we need to share the personal information you have shared with us, to any third parties in order to successfully complete your order, our Privacy Policy will be able to provide you with exactly how this information is handled. You can find further information regarding the Third Avenew Privacy Policy here.

By accepting these terms and conditions, you also accept that our predominant means of communication to you will be both via email and telephone.

INTELLECTUAL PROPERTY RIGHTS 

All content on this website and on Third Avenew’s social media platforms are the property of Third Avenew and are protected by Australian property law. You may not copy, modify or use any content found on this website or Third Avenew social media platforms without first seeking approval from Third Avenew. You can contact office@thirdavenew.com should you wish to seek approval for such matters. Content includes but is not limited to: images, videos, voiceovers, logos, written materials.

We cannot be held liable for any information found via links or sites of third party websites as we do not have any control over these websites.

Should you wish to dispute any content found on Third Avenew, this will be governed by the laws of the state of New South Wales, Australia.

Customers who upload posts on the Third Avenew website and/or social media platforms grant Third Avenew a non-exclusive, transferable, royalty free, world-wide license to use any Intellectual Property.

EXCHANGE AND RETURNS POLICY

Products purchased from Third Avenew are eligible for a full refund or exchange, if returned within fourteen (14) days of purchase, with a proof of purchase receipt.

Please note the following are not eligible for refunds or exchanges:
- Sale items
- Orders that have been customised as per your purchase request.  

Products must be returned in the same condition sent to you, in their original packaging, new, unused, undamaged, and with all original tags. 

The cost of postage for an exchange for change of mind will be at the Customer's expense.

If you are an International customer, items may be subject to delays and additional taxes, customs and/or import duties in the receiving country. Any additional custom or import duty charges must be paid by the Customer.

You must keep a proof of return shipment as Third Avenew will not accept responsibility for parcels lost or damaged in transit.

Third Avenew is unable to accept returns not received in the aforementioned conditions, particularly if there is any indication that products have been worn or used. If items are deemed to not be in a resalable condition, they will be sent back to the customer without a refund. It is at the complete discretion of Third Avenew in determining whether the products are in the original condition when returned.

Note that refunds can take up to 12 – 14 business days to appear in your bank account, due to processing and variations between financial organisations.

INTERNATIONAL CUSTOMERS

It is the duty of all International Customers (outside of Australia) to familiarise themselves with the customs laws of the country to which the Goods will be delivered. Any taxes, customs fees and import duties that are applied will be the sole responsibility of the customer.

WARRANTY

Third Avenew offers customers a twelve (12) month guarantee against substantive defects in workmanship and materials, from date of purchase.

The warranty is valid for goods that are purchased new, excluding all damage and defects due to wear and tear, misuse or mishandling, or intended damage.

The customer will be given an address in order to return the goods. Upon receipt Third Avenew will assess the default, and confirm whether the damage is a manufacturer fault. If confirmed and a refund will be issued (including shipping), or if stock availability permits, a replacement product will be issued.

Should an item be deemed faulty, Third Avenew will cover the cost of shipping for both customers inside and outside Australia. For international customers, however, any additional custom or import duty charges must be paid by the Customer.

FORCE MAJEURE

Events may occur that are outside our reasonable means of control that may affect the way we are able to fulfil our contract to you. We cannot be held liable for these types of events which include but are not limited to; the acts of government, terrorist attack or threat of terrorist attack, natural disasters such as flooding and earthquakes, refused use of shipping methods. Should any of the stated situations take place, it is at our sole discretion to cancel the contract between you and Third Avenew, should we believe it is the safest option for you.

AGREEMENT

By entering into this contract together, you agree to the terms and conditions stated in this contract.

Please be aware that we have the right to change these terms and conditions occasionally, without notice, as to improve the terms of the contract between us and you. You will be subject to the Terms and Conditions put in play on our website at the exact date and time of your purchase. Should you wish to view a version of this document that is no longer on our website, please contact office@thirdavenew.com 

We will always try our best to ensure the utmost satisfaction of customer service is shown to you. If, for whatever reason, we shall need to break or cancel the contract between Third Avenew and you, we will only be liable for the price you paid upon purchase of your product or service as shown on your receipt. We will not be held responsible for any further losses that may occur due to the cancellation of the contract between Third Avenew and you, which include but are not limited to; fraud, loss of business or income, death, injury. Third Avenew may run additional competitions and promotions across the website and/or on social media, subject to additional terms and conditions.

If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.

CONTACT

Please direct all queries via email to office@thirdavenew.com