WEBSITE TERMS OF USE

Welcome to our website. This website is owned and operated by Never The Black Tote Pty Ltd (ABN 23 608 258 493), including its successors and assignees (referred to as ‘we’ and ‘us’). It is available at: www.nevertheblacktote.com (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern you, the person, organisation or entity that accesses and/or uses our Site (referred to as you or your) and form a contract between you and us if you access our Site. Please read these Terms carefully. If you have any questions, please contact us using the contact details below. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using this Site if you do not accept these Terms.

1. Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.

4. Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non- transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

5. Prohibited conduct: You must not:

(a) Use the Site for any activities, or post or transmit any material from the Site:
– unless you hold all necessary rights, licences and consents to do so;
– that infringes the intellectual property or other rights of any person;
– that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
– that defames, harasses, threatens, menaces, offends or restricts any person;
– that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
– that would bring us, or the Site, into disrepute;

(b) Interfere with or inhibit any user from using the Site;

(c) Use the Site to send unsolicited email messages;

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

(e) Facilitate or assist a third party to do any of the above acts.

6. Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

(a) altering or modifying any of the code or the material on the Site;

(b) causing any of the material on the Site to be framed or embedded in another website;

(c) creating derivative works from the content of the Site; or

(d) using the Site for commercial purposes.

7. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.

8. Your content:  If you choose to add any content on the Site, you:

(a) warrant to us that you have all necessary rights to post the content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and

(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

9. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

10. Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

11. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

12. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

13. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

14. Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;

(b) Third Party Information; or

(c) Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

15. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Site;

(b) any breach by you of these Terms; or

(c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

16. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

17. Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

18. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

19. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

20. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

21. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

22. Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

For questions and notices, please contact us at:

Never The Black Tote Pty Ltd (ABN 23 608 258 493)
PO Box 3393, WAREEMBA NSW 2046
Email: info@nevertheblacktote.com

SALES TERMS & CONDITIONS

In these Sales Terms and Conditions (Sales Terms) ”we” and “us” means Never The Black Tote Pty Ltd (ABN 23 608 258 493), including its successors and assignees, (referred to as “we”, “us” or “our”). You, the person, organisation or entity that purchases products from us is referred to as “you” (collectively “the Parties”). These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.nevertheblacktote.com (Site).

These Sales Terms form the agreement under which we will supply products to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products from us.

You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian. You must not order products from us if you are under 18 years of age or do not have the consent of a legal guardian. If you do not agree to these Sales Terms, you should not purchase from us.

Our Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

1. Registration: We will provide a confirmation of account registration when you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. Registering for an account is optional and you may purchase products as a guest of the Site.

2. Products and Orders:

(a) You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.

(b) It is your responsibility to check the order details, including product and pricing, before you complete your order on the Site.

(c) We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.

(d) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.

(e) You cannot cancel an order once you have submitted a purchase request.

3. Price and Payments:

(a) You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable tax, delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars.

All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown. You are responsible for paying any applicable import, freight, duties and other charges that may be levied on the goods in your jurisdiction.

(b) You must pay for the product by one of the methods set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

(c) If you make payment by way of credit card, you warrant that the information provided to us is true, accurate and complete, that you are authorised to use the credit card to make the payment, that the payment will be honoured by the card issuer, and that you will maintain sufficient funds in the account to cover the purchase prices.

(d) Nothing prevents us from taking any action necessary to recover unpaid fees. If you fail to pay, your information will be passed on for collection and/or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expenses. If you at any time exceed our payment terms and as a result are passed on for collection and/or legal action, we may place a default against you with a credit reporting agency.

4. Availability and Cancellation:

(a) All purchases made with us are subject to availability. We do our best to keep in stock most products and to keep the Site up to date with availability of products.

(b) If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product or service is available (as the case may be).

5. Delivery:

(a) Location: Normally, we deliver Australia wide. Please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. We do not deliver to PO Boxes.

(b) Cost: We may offer free delivery for some products to some areas, as set out on the Site. If free delivery does not apply, a delivery fee will apply, as set out on the Site.

(c) Timing: We will normally dispatch the product within 24 hours from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order.

(d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.

(e) Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange another delivery time and date.

(f) Title and Risk: Title in the products will not pass to you until delivery. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.

6. Discount Codes and Promotions:

We may from time to time offer promotional discount codes, which may be applicable to products on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

7. Intellectual Property Rights

(a) Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).

(b) We own all Intellectual Property Rights in the Site, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

(c) You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as on-sale to third parties

8. Dispute

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:

(a) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.

9. Consumer Law, Return, Refund and Exchange Policy

(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the supply of products by us to you which cannot be excluded, restricted or modified (Statutory Rights).

(b) Goods: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a refund or replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality (Consumer Guarantees).

(c) Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

(d) Seller: Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Manufacturer: Products may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.

(e) Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.

(f) Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.

(g) Change of mind: If you are not completely satisfied with a product you have purchased from us, you may request a refund. Simply return the product to us within 14 days of receipt. To be eligible for a refund the product must:
i. be in saleable condition, not used, not worn, undamaged, not tampered with, unwashed and unaltered; and
ii. be in its original undamaged packaging with all product tags still intact (including the original, undamaged shoe box and dust bag, in the case of footwear, and the hygiene strip, in the case of swimwear and lingerie); and
iii. not be a sale items.

(h) Installed: Subject to this clause, we will not accept or return any product that has been used, or if your product is custom-made or is a special buy product.

(i) Packaging: You must adequately package any product you are returning to us to ensure that it is not damaged during return delivery to our warehouse. You must pay the return delivery charges. If a product you have returned to us is faulty we will reimburse you for any return delivery charges you incurred upon being provided with proof of expense.

(j) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

10. Limitation of Liability and Disclaimers:

(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

(b) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Sales Terms.

(c) To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
i. we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
ii. we take no responsibility for, and will not be liable for the Site or the products being unavailable;
iii. we take no responsibility for the products causing you to have an allergic reaction or experience adverse reactions;
iv. we take no responsibility for colour transference, reasonable wear and tear from usage or wear, tear or damage occasioned to other goods as a result of coming into contact with goods that you have purchased from us;
v. we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the late supply of products, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.

(d) To the extent permitted by law, our total liability arising out of or in connection with the products or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Terms.

(e) This clause will survive termination of these Sales Terms.

11. Amendment: Our pricing structure, payment methods and these Sales Terms may be amended from time to time at our discretion, the changes will apply to you in respect of products purchased by you after the date of the change and in any event no earlier than the date that the amended or new Sales Terms are provided to you. Our agents, employees and third parties do not have authority to change these Sales Terms.

12. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.

13. General:

(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

(c) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you. We may terminate your account and our contract with you, in our sole discretion, without incurring any liability to you, if:
i. you commit a non-remediable breach of these Terms;
ii. you commit a remediable breach of these Terms and do not remedy the breach within 14 days after receiving notice of the breach.

(d) GST: If and when applicable, GST payable on our products will be set out in our invoices. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

(e) Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.

(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.

(g) Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.

(h) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(i) Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.

(j) Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(k) Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

(l) Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

For any questions or notice, please contact us at:

Never The Black Tote Pty Ltd (ABN 23 608 258 493)
PO Box 3393, WAREEMBA NSW 2046
Email: info@nevertheblacktote.com