All contracts and dealings between The Above Club (‘The Above Club) and any person (‘Consumer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by The Above Club to the Consumer through the website theaboveclub.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Consumer agrees to be bound by these Terms, as may be amended by The Above Club from time to time.
The Above Club has the right to amend, remove or vary these Terms at any time without notice. It is the Consumer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Consumer agrees to be governed by these Terms.
FINAL SALE/MARKDOWN SALE STYLES
Styles purchased at final sale cannot be returned for an exchange, refund or credit note. A style is considered final sale where it is in the 'Sale' section and shows a marked down price. If you purchase a style before it is reduced, we are not obliged to honour the newly reduced sale price.
When signing up with any of The Above Club’s membership platforms, you consent to The Above Club using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.
(D) TERMS OF SALE
- By placing an order for any Goods on the Website (‘Order’) the Consumer is offering to purchase the Goods on and subject to these Terms. Each Order the Consumer places will be a separate and binding agreement between the Consumer and The Above Club with respect to the supply of the Goods in accordance with these Terms.
- By placing an Order, the Consumer is acknowledging agreement and understanding of all policies, including shipping, return and any other policies that may apply once an Order is placed. It is the responsibility of the Consumer to inform themselves of all terms and conditions and all policies before placing an Order.
- All Orders are subject to availability of the Goods 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 are intended as an estimate only and are subject to any delays resulting from postal delays for which The Above Club will not be responsible for.
- The Above Club reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Consumer undertakes that all details that are provided to The Above Club are true and accurate, that the Consumer is an authorised user of the credit card, debit card, PayPal account, used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. Further, The Above Club can refuse any amendment or cancellation of an order at any time.
(E) RETURN, CANCELLATION & EXCHANGE POLICY
Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Consumer should carefully check that its Order is accurate before the Consumer submits it to The Above Club. The Consumer will, however, be able to return Goods in accordance with The Above Club’s returns policy where a returns slip will be granted only after consulting with a member from
The Above Club.
- Due to a fast turnaround of product, The Above Club does not offer exchanges on returns. If the Consumer wishes to exchange its Goods for another (due to change of mind, sizing or fit), the Goods are to be returned and a credit note will be issued and can be used to place a new Order.
- The Consumer must include their completed returns form within their return parcel. Please email: firstname.lastname@example.org to be provided with the returns form.
- The Above Club may accept returns if the Consumer requests a return within 7 days from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached. This is inclusive of the clear packaging with the barcode attached. If the return does not meet these Terms, The Above Club reserves the right to reject the Goods being returned.
- Goods for return must be posted at the Consumer’s expense.
All Goods are to be returned to:
'The Above Club - PO BOX 366 Somerton VIC 3062'
- The Above Club offers free standard return shopping on all Orders over $250 AUD.
- Any Goods which The Above Club has elected to accept for a return shall be returned at the Consumer’s expense. The Consumer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by The Above Club. Further, refunds will not be issued for returned items unless an item is deemed to have a major fault which would make it unfit for its intended purpose.
- Where a returned item has a minor fault, The Above Club has the right to repair, replace or refund the Consumer. This is in line with the Australian Consumer Law.
- Due to health reasons, A-Frame hats cannot be returned unless deemed with a major fault as defined under the Australian Consumer Law.
- Upon accepting the goods, The Above Club will issue the Consumer with an online credit note. No refunds will be issued.
- Credit notes are valid for a period of 12 months from the date of issue and cannot be extended beyond this period, however The Above Club has the right to extend the redemption period associated with a credit note if a request to do so is received prior to the date of expiry and a reasonable request is provided by the Consumer.
- Items purchased during promotional sale periods will NOT be eligible for a return/credit note.
(F) DAMAGED & FAULTY GOODS
- All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Consumer.
- If the Consumer discovers that a Good is faulty or damaged, the Consumer must notify The Above Club within 7 days (1 week) of purchase by contacting The Above Club via the process outlined on the Returns page online.
- If The Above Club inspects the Goods and confirms that there is a fault, the Consumer will be entitled to either a repair (for a minor fault) or a refund, repair or replacement (for a major fault).
- The Above Club will cover the postage costs associated with the Consumer returning a faulty, damaged or incorrectly packed item/s.
- Customers are liable for any delivery costs if the Good is found not to be faulty.
- Any period or date for delivery of Goods stated by The Above Club is intended as an estimate only and is not a contractual commitment. The Above Club will endeavour to the best of its ability to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Consumer or any other person for failure to meet an estimated delivery date.
- The Above Club reserves the right to amend delivery methods without notice.
- All deliveries of Goods purchased by the Consumer will be made by registered Australian Post and are delivered with authority to leave without requiring a signature when no one is in attendance at the delivery address.
- If the Consumer believes their nominated delivery address will be unattended at the time of delivery, The Above Club suggests nominating an address that the Consumer knows will be attended during regular business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location (in which case the delivery will be deemed successful by Australian Post) or a card will be left with details as to where the Consumer can collect the Goods. At this time the Goods will be deemed delivered (‘Successful Delivery’).
- The Above Club will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Consumer upon Delivery and The Above Club will not offer a replacement Good or refund a Consumer for any lost or damaged Goods.
- The Above Club will use reasonable endeavours to dispatch all Orders received within 2 business days. Estimated delivery time depends on the Consumer’s location. Shipping times on the shipping information page are to be taken as an estimate only.
- Delivery of Orders placed on a weekend or public holiday will not be processed until the following 1-2 business days.
- The Above Club does not deliver Orders to Post Office boxes or Parcel Lockers.