Terms & Conditions

Your access/use implies agreement

Your use of this website and any services provided are subject to these Terms and all applicable Australian laws. Our website is available for your use only on condition that you agree to these Terms. By accessing and using this website, you are signifying that you agree to be bound by these Terms. If you do not agree with these Terms, you must refrain from accessing and browsing this website.

Without limiting our other rights and remedies we may refuse to supply any product or service, and we may deny access to this website, to anyone who breaches these Terms.

Modifications to the Terms

We reserve the right to amend, alter or change these terms at any time and without notice to you, it is your responsibility to monitor this website for changes. Any new amendments will come into effect on the day that they are published, the updated version of these Terms will replace all prior versions. Your use of this website following any amendments will represent you are in agreement with and will be bound by these terms of use as amended. We recommend that each time you access our website you read these terms and conditions.

Modifications to the information

We do not warrant the accuracy, adequacy or completeness of material on these websites. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of TUSX.

We reserve the right to amend our price list at any time and for any reason. We reserve the right to change or amend colours, styles or fabric composition at any time. By visiting this website, you acknowledge that variations of products and their prices may occur at any time.

Website Users

You may only access and use this website in accordance with these Terms.

You may only access parts of this website that are designated for unrestricted public use.

In order to access some services provided on this website, you have the option to become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy link found at the footer of this website for information relating to our collection, storage and use of the details you provide on registration. You agree to ensure that your registration details are true, accurate and complete and that you are authorised to provide the information. At all times you undertake to update your registration details if and when they change.

On registration, you will be required to provide a password. You must at all times keep this password confidential, you agree to take responsibility for the safekeeping of your password. You must change your password immediately if you believe it has become known to another person.

You may access other parts of this website if we have given you permission to do so, but only for the purpose and in the manner permitted.

If we give you password access to another part of this website, you must at all times keep that password confidential. You must not permit any other person to use that password. You must change your password often. You must change your password immediately if you believe it has become known to another person.

No one under the age of thirteen (13) years is permitted to provide any personal information. Minors under the age of eighteen (18) years are prohibited from making a purchase. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

We reserve the right to cancel or suspend your account at any time if you breach these Terms.

Product Descriptions

We strive to ensure that our products are current and described as accurately as possible on our website. However, we do not represent nor warrant that the description is accurate, adequate, or that the completeness of the information on this website is up to date. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Due to technical or human error, information may be recorded incorrectly or omitted.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. The colours you see on this website will also depend on your monitor’s screen display and settings. We cannot guarantee that your monitor will accurately reflect the colour of our products upon delivery.

Descriptions of products are summaries only, further information can be obtained by contacting us.

All products are subject to availability.

We do not accept any liability or responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of the information found on this website.

Product Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

All warranty, repair, or return requests must first be initiated by submitting our Product Return Form.

Prices listed on our website that use Australian Dollars (AUD) are inclusive of GST sales tax for purchases within Australia. International orders do not incur Australian (GST) sales tax and will be calculated with a $0.00 sales tax during shopping cart checkout.

We endeavour to ensure that our price list is current. We reserve the right to amend our price list at any time and for any reason.

Postage is an additional charge, calculated at the time of purchase. Packaging and/or handling fees may also be charged at the time of purchase, these are also an additional charge.

When you order from us, we require you to provide your name, address for delivery, email address, telephone contact and credit card details. We undertake to use due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

We undertake to accept or reject your order within 5 days. If we have not responded to you within 5 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

When you purchase a product from us, we will send to your nominated email address a tax invoice with our Australian Business Number (“Tax Invoice”). Registered users are also able to download a Tax Invoice for a particular order by accessing their account settings page.

Ownership of any purchased goods passes onto you when we have received payment. All risk of loss or damage to the goods passes to you when we dispatch the goods.

All orders will receive a confirmation email once the product/s have been shipped including a tracking number and link allowing you to track your item. Signature on delivery is included with every order, you will be required to sign for your parcel when delivered.

All warranty claims and returned products require a Return Merchandise Authorization (RMA) number prior to being shipped. You may obtain an RMA number by filling in and submitting the Product Return Form. The RMA number must be clearly written on the package. Any package that does not clearly and legibly display an RMA number will be returned to the sender, unprocessed.

All returned products must be washed and cleaned. Due to health and hygiene concerns, unwashed, dirty or soiled products will be returned to the sender, and unprocessed.

Please include a letter or note with your name, address, phone number and email, outlining the problem with the product. If applicable, mark the damaged or affected area with tape.

You are responsible for paying for shipping when returning products. We strongly recommend you use postage with a tracking service when sending your item. We take no responsibility for items that do not reach us. We will pay for the return shipping to you, we ship all items using Australia Post services.

If you have placed an order, but we change the price of the item, we will undertake to fulfil your order at the price listed at the time you ordered.

If you have purchased a product on our website we may use the personal information you have supplied to us to send you follow-up mailing and marketing information about services and products.

Site Access

When you visit our website, we give you a limited license to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you may not copy, reproduce, republish, distribute or display any of the information or content on this website without our prior written permission.

You are not permitted to copy, duplicate, reproduce, republish, sell, re-sell, adapt, transmit, distribute or display in any way or by any process (graphic, electronic or mechanical) or in any way exploit any of the information or material, or any part of this website for any commercial purpose.

You must not post or transmit to this website any illegal, threatening, abusive, defamatory, indecent, discriminatory information or material of any kind, or encourage any person to do so.

You must not knowingly post transmit or permit the posting or transmission of any material to the website that contains a virus.

You must take your own precautions to ensure that anything you select on this website is free from viruses or anything else that may interfere with your or any third party’s computer system.

The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to meta-tag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.

We reserve the right to refuse access, or to edit or delete material posted by you if you are in breach of these Terms.

We may disclose personal information we collect about you to third parties if we are required to do so by law.

Links to Third Party Websites

This website may contain hyperlinks to third-party websites and resources (“linked websites”). These linked websites are provided solely as a convenience to you and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website. Hyperlinks to third-party websites are provided solely for convenience and do not represent any endorsement, approval, recommendation or preference to these linked websites by us.

TUSX makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked website or any content, software, service or application found at any linked website. We may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from our website.

Linked Websites should contain their own terms of use, privacy and warranty statements. It is your responsibility to read and understand the policies of linked websites before browsing through these websites.

You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Feedback

You may submit feedback, suggestions, comments or requests (“comments”), these comments may be made to us and if you do make comments, you acknowledge that; they will not be considered confidential or proprietary, and we are under no obligation to keep such information confidential, and we will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner we choose.

Intellectual Property

The copyright to all content on this website including applets, graphics, images, layouts, logos, icons, trademarks, trade names, text and all underlying material belongs to us or we have a license to use those materials. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process without our specific written consent.

All trademarks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we are licensed to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for a particular purpose.

No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties given here, and you may not rely on any such information or advice.

To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms and conditions is excluded.

We do not warrant that access to the website will be uninterrupted or without errors, that defects will be corrected or that the site and server will be free from viruses, malware or anything that may affect the functionality, accuracy and reliability of the website.

We do not warrant that access to the website will be uninterrupted or without errors, that defects will be corrected or that the site and server will be free from viruses, malware of anything that may affect the functionality, accuracy and reliability of the website.

From time to time we may host third-party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Liability

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act, we are a supplier of either goods or services or both to you and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

• Schedule 2 of the C&C Act; and
• those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

• We will repair or replace the goods or any part of them that is defective; or
• Provide again or rectify any services or part of them that are defective; or
• Wholly or partly recompense you if they are defective.

If you are not a consumer within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (C&C) then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

• We do not accept liability for anything contained in the post of a user or in any form of communication that originates with a user and not with Us.
• We do not participate in the transactions between our users.

Any liability of TUSX in connection with goods supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of us be limited to:

• the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
• the repair of the goods or payment of having the goods repaired.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

We shall not be liable for any failure to perform any obligation under any Agreement which is due to a Force Majeure event. If a Force Majeure event causing delay continues for more than 60 days, we may terminate this Agreement by giving at least 7 days’ notice to you. “Force Majeure” may be any act, circumstance or omission over which we could not reasonably have exercised control, including but not limited to; any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, storm or any other natural or man-made eventuality outside of our control.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with Australian law in the state of Victoria and any claim made by either party against the other that in any way arises out of these Terms will be heard in the state of Victoria and you agree to submit to the jurisdiction of those Courts.

If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

Privacy

We undertake to exercise all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the footer of this website.