Terms & Conditions

THIS AGREEMENT

This website wolfandico.com.au (Website) is owned and operated by Tre Lupo Group Pty Ltd ACN 630 701 325 trading as Wolf & I Co (We, us).

By accessing the Website or placing an Order through our Website, you agree to comply with and be bound by these Terms of Use.

These Terms of Use apply to:

  • Any Goods you purchase from us, and
  • Your use of Content on the Website.

Our Privacy Policy, Shipping & Returns Policy, and Product Warranty Policy are incorporated into these Terms of Use.

If you do not agree with these Terms of Use you should cease using the Website and not place any Order.

We may at any time vary these Terms of Use by publishing amended Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation. Your continued use of the Website and the Content or any subsequent Order after such change constitutes your acceptance of the changes. As such, please review the Terms of Use regularly.

INFORMATION AVAILABLE ON THE WEBSITE

Unless expressly stated otherwise, the Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract, or
  • Form part of the terms and conditions for our Goods.

While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase Goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the Goods.

Before taking or refraining from any action in reliance on the Content or this Website (including making an Order), you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

ORDERS

By placing any order for Goods in the manner described on the Website, you make an offer to purchase the Goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the Goods, an error in the price or the Goods description posted on the Website, an error in your Offer, or any Unforeseen Event.

Once an order has been processed it cannot be cancelled. The item may be returned to us in accordance with the Returns Policy.

If you have made a mistake with your order, you are welcome to return it to us once it has arrived for an exchange or store credit.

If you have made a mistake with your address, please contact our customer support. We will make every effort with Australia Post to retrieve your order and update the address details. We can launch an investigation with Australia Post if items are missing for more than 5 Business Days. 

Payment must be made at the time of submitting your Order. Our payment methods are displayed on our Website.

Please note that all orders purchased using Afterpay or PayPal can only be returned for a store credit via our online returns process that can be found within our Shipping & Returns Policy.  

PRE-ORDERS

From time to time, we offer pre-order items. This means we have stock on its way and we can offer it for our customers to secure on our online store.

As it is not currently in stock, you will need to read the item description carefully to decide if you can wait for the expected arrival date. This date is an expected delivery date and is subject to change

We cannot accept responsibility for Unforeseen Events. All pre-order sales are final and cannot be cancelled or modified. Pre-orders cannot be exchanged before delivery. Any other items that you order together with a pre-order item will be held until all pre-order items in your order arrive.

Should you need the other items sooner, please make a separate order. If you have already made the purchase, please email us.

MERCH

N.B. As Merch items are a custom printed item, exchanges or returns will not be accepted. We recommend double checking the size guide for this item prior to ordering.

SECURITY

We use securely process all credit card transactions with Stripe. We do not store or have access to your credit card details - they are transmitted directly using SSL 3.0 encryption.

If you are considering sending us any other personal information through the website or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTPS). We are subject to laws requiring us to protect the security of personal information once it comes into our possession. Please refer to our Privacy Policy for more information on how we handle your personal information.

AVAILABILITY OF THE WEBSITE

While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. To the extent permitted by law, we exclude all liability for any Claim related to the Website being unavailable, any incorrect or corrupt data, computer viruses and malware, or any unauthorised use of the Website by any person.

In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

YOUR CONDUCT

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You agree that you will not, (either yourself or through any third party):

  • Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website,
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website,
  • Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website,
  • Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, malware or other malicious or harmful programming,
  • Use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website, or
  • Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

YOUR CONTENT

We may permit you to place Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

  • Use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content, and
  • Sublicense any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure. To the extent permitted by law, we will not be liable for any Claim related to your inability to post Content, or for errors in the display of Content you post.

You must not send any Content or links for inclusion on the Website which in any way whatsoever:

  • Is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity),
  • Infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy,
  • Violates any law, statue or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages),
  • Is defamatory, libellous, unlawfully threatening or unlawfully harassing,
  • Is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent,
  • Promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia,
  • Impinges on any other user's use or enjoyment of the Website,
  • Seeks to exploit or harm children by exposing them to inappropriate behaviour and content.
  • Appropriate content, asking for personally identifiable details or otherwise, or
  • Contains any illegal or prohibited content under Australian law.

Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.

LINKS

The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites. Your use of any third-party websites is at your own risk.

YOUR CONSUMER RIGHTS 

You may have rights under applicable consumer protection legislation which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description, and that services will be provided with care and skill. You can find out more about Your Consumer Rights from the Australian Competition & Consumer Commission and consumer organisations.

LIMITATION OF LIABILITY 

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. Subject Your Consumer Rights, we:

  • exclude from our agreement with you all guarantees, conditions and warranties (other than those in our Product Warranty Policy) that might but for this clause be implied into this agreement,
  • exclude all liability to you for any Claim suffered or incurred directly or indirectly by you in connection with any Order, the Goods, or your use of the Website, and
  • will not under any circumstances be liable to you for Consequential Loss.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

If our liability under our agreement with you cannot be lawfully excluded, to the maximum extent permitted by law, our liability for any breach is limited at our election to:

  • Resupplying Goods or supplying equivalent Goods,
  • Repairing the Goods, or
  • Paying to have the Goods or Goods repaired.

You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.

INDEMNITY

To the extent permitted by law, you agree to indemnify and release us and our Representatives against all liability arising from Claims for:

  • any harm to, claim or action by a third party arising from your use of the Goods,
  • any damage to property arising out of your conduct,
  • any personal injury or death arising directly or indirectly from your conduct,
  • any negligent or unlawful act or omission by you in connection with the Goods,
  • any breach of these Terms of Use by you,
  • our or a third party’s reliance on a misleading representation made by you,
  • a failure by you to hour your warranties under these Terms of Use, or
  • libel, slander, defamation, product disparagement or indecent, false, misleading or deceptive conduct by you.

We may make a claim under indemnities in these Terms of Use in relation to a cost before having incurred the cost, or before making a payment in relation to the cost. The indemnities in these Terms of Use shall be in addition to any damages for breach of contract to which we may be entitled. Nothing in the indemnities in these Terms of Use will be construed so as to prevent us from claiming damages in relation to your breach of these Terms of Use. Each indemnity in these Terms of Use is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of the agreement between the parties for any reason.

TERMINATION AND SUSPENSION

We may terminate these Terms of Use or any Order immediately by written notice to you if:

  • you are in material breach of these Terms of Use,
  • you fail to pay any amount to us by its due date,
  • you become bankrupt or insolvent, or
  • you provide information to us that you have reasonable grounds to suspect is false, incomplete, or misleading

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability. Termination of these Terms of Use or any Order shall not affect your obligation to pay any outstanding amounts or other amounts in relation to Goods.

INTELLECTUAL PROPERTY

Unless otherwise agreed, each party retains ownership of all Intellectual Property Rights in material owned or created by that party independently of these Terms of Use. None of that Intellectual Property is assigned or transferred by these Terms of Use.

All Intellectual Property Rights in the Goods, and any other material, designs, methods, or Content developed by us under these Terms of Use, including modifications, improvements and enhancements, will vest in us and are owned by us upon creation, even if based on your request or feedback.

Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under copyright law or other applicable laws, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).

Trade marks used on this Website are owned by us. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.

PROMOTIONS

Any items we provide to you for free as part of a promotion are not refundable or exchangeable for cash or credit. Sale items are non refundable for cash, only for a store credit.

$20 OFF ORDERS OVER $100 - Receive $20 off orders over $100 during the promotional period. Not available in conjunction with any other offer. We reserve the right to amend any promotional offer.

UNFORESEEN EVENTS

To the extent permitted by law, we will not be liable to you for any Claim relating to a delay in delivery of any Goods, or failure to comply with any other obligations, as a result of an Unforeseen Event.

DEFINITIONS

The following definitions apply in these Terms of Use:

  • Business Days means a day which is not a Saturday, Sunday or public holiday in Noosa, Queensland.
  • Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising.
  • Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of goods (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
  • Content means information, graphics, text, software or other materials on the Website.
  • Goods means any items supplied to you by us pursuant to an Order.
  • Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain names, licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
  • Order means an order placed by you through the Website for Goods.
  • Privacy Policy means our privacy policy, located at wolfandico.com.au/privacy-policy.
  • Product Warranty Policy means our product warranty policy, located at wolfandico.com.au/product-warranty. 
  • Representative includes an employee, agent, officer, director, adviser, partner, consultant, contractor, sub-contractor or related entity of a person or a related body corporate.
  • Shipping & Returns Policy means our shipping & returns policy, located at wolfandico.com.au/shipping-returns.
  • Terms of Use means these terms and conditions of use.
  • Unforeseen Event means occurrences or conditions beyond the reasonable control of a party, including but not limited to natural disasters, pandemics or epidemics, unavailability of goods or services, acts of God, war, civil unrest, riots, acts of terrorism, any act of government, or changes to any law or regulation.
  • We or Us means Tre Lupo Group Pty Ltd ACN 630 701 325 trading as Wolf & I Co.
  • Website means our website, located at wolfandico.com.au.
  • You means the person or entity who uses the Website or places an Order.
  • Your Consumer Rights means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

INTERPRETATION

Unless stated otherwise, these Terms of Use will be interpreted as follows:

  • A reference to "$" or “dollars” means Australian currency.
  • A reference to a person, individual, the estate of an individual, authority, association, joint venture (whether incorporated or unincorporated), corporation, trust, partnership, unincorporated body or other entity includes any of them.
  • "Including", "includes" or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context.
  • Where a term is defined, other grammatical forms of that term will be taken to have the same meaning.
  • A word which suggests one gender includes all other genders and no gender.
  • Headings are for convenience and will not affect interpretation.
  • Words in the singular will be taken to include the plural and also the opposite.
  • A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
  • A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

GENERAL

  • If these Terms of Use are inconsistent with any other document between the parties, these Terms of Use prevail to the extent of the inconsistency.
  • Neither party has entered into any agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in these Terms of Use.
  • The relationship of the parties does not form a joint venture, partnership or agency, or create any form of employment relationship.
  • Any clause of these Terms of Use, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Use.
  • No part of these Terms of Use will be deemed waived, and no breach excused unless such waiver or consent is provided expressly and in writing.
  • The laws of the State of Queensland, Australia govern these Terms of Use. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in Queensland.
  • If a party to these Terms of Use is more than one person, then a reference to that party refers to them and binds them, jointly and severally; and an obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  • These Terms of Use may only be amended in writing by us.