These Terms and Conditions constitute a legally binding contract between the consumer (“you”) and First Principles Group, Pty Ltd. (“First Principles”) and apply to the ordering, purchasing, fulfilment and delivery of Direct Import Goods from the top-level domain name www.firstprinciplesdenim.com (“Website”). Note that these Terms and Conditions apply to individuals who purchase garments for personal use only i.e. it does not cover any business and wholesale accounts.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of Direct Import Goods.
You agree to be bound by these Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase. If you breach any of these Terms and Conditions, you are prohibited from continuing to use the Website.
If you do not agree with any part of these Terms and Conditions, you must leave the Website immediately.
These Terms and Conditions may be updated periodically by First Principles. Revisions will be posted to this page. You agree to be bound by any revisions.
Administrative Emails” means emails involving details of account activity and purchases you have made
“Consumer” means an individual who purchases goods and services for personal use.
“Direct Import Goods” means those goods available from First Principles via the Website.
“Promotional Emails” consist of product information, new offers, and information about First Principles. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
“Order” means an Order for Direct Import Goods placed via the Website.
COMMUNICATION BY US
As a condition of creating an account with First Principles, you consent to us sending you Administrative Emails and Promotional Emails.
PLACING YOUR ORDER
You may place an order with First Principles by completing the order form on the Website and clicking the “Checkout” button. When you place your order, we will issue you with an order number by email. Please note that this is not a confirmation that your Order has been accepted.
By placing an order, you make an offer to us to purchase the garments you have designed, or any other product you have selected, based on these Terms and Conditions.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any garments or other products, however First Principles will make every effort to supply the garments you have designed, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
- verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
- confirming with our manufacturers and suppliers that they are able to supply the garments you have designed.
Formal acceptance of your offer will occur when we email you confirming your order and when we provide you with the first update on the making of your garments. If we cannot process or accept your order after payment is received, we will contact you by email or telephone.
You warrant to First Principles that all goods that you order are intended for personal, domestic and non-commercial use only. You agree and acknowledge that, if your offer is accepted by First Principles in accordance with these Terms and Conditions, that First Principles is contracting to arrange for the delivery of the relevant products to your nominated address. First Principles is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
All Direct Import Goods are located outside Australia when an Order is placed. First Principles and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
You agree not to post or transmit to the Website any material which:
- is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
- is not properly licensed for use on the Website;
- violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
- constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
- infringes on the rights of a third party in any country in the world; and
- has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree not to attempt to “hack” the Website. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the First Principles garment designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that First Principles owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of garments designed by you using our 3D Curate Tool, and photographs of garments custom made for and sold to you. First Principles is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO FIRST PRINCIPLES
First Principles may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and Conditions. First Principles has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally created by you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify First Principles of any unauthorized use of your password or identification or any other breach or threatened breach of the Website’s security.
If you decide to purchase a pair of garments or other products from the Website, you agree to promptly pay the associated fee. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider, we reserve the right to no longer conduct business with you.
Gift cards purchased through our website are non-refundable. Gift cards purchased in New South Wales, Australia will expire at midnight three calendar years after the date of purchase according the requirements of the Fair Trading Act 1987 (NSW). All other gift cards will expire at midnight one calendar year after the date of purchase.
Gift cards are issued by First Principles Pty Ltd (ABN 33 682 156 200), an Australian company. When you purchase, receive or apply a gift card to your account or your purchase, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that may arise between you and First Principles Pty Ltd (ABN 33 682 156 200) and its affiliates related to your use of a gift card.
You acknowledge that all discounts arising from promotional offers are applied to transaction amounts only before any applicable sales tax and existing account credit or gift card credit are applied to the total amount of your order.
Discounts will be calculated on the final amount of an order taking into account any refunds, additions or deletions. Where an order is changed after payment has been processed, First Principles will recalculate the discount applied and only refund the difference between the price you paid and the price that you would have paid had your original order been for the amended order. Where a remake order has been placed on a discounted item that results in a change in price, First Principles will credit or charge the difference in price for that item, as the case may be. Promotional offers cannot be used to purchase gift cards. Only one promotional offer can be used per order.
First Principles reserves the right to verify the validity of the promotional offers redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a promotional offer, then we can revoke this offer and cancel your order at our discretion.
RETURNS AND REFUNDS POLICY
First Principles’ Refund/Remakes Policy for Direct Import Goods, which is incorporated into these Terms and Conditions, is as follows:
- Eligibility for Refund. Unless otherwise agreed at the time of purchase, you may return garments which are faulty, do not reflect the customisations using the 3D Curate Tool reflected at the time of the order confirmation email, or the garments are not made in accordance with the measurements saved on the customer’s profile at the time of the order. Due to the personal nature of customisations, we cannot offer a refund because of change-of-mind. All items for return must be in their original condition, unused, unwashed, unaltered, and undamaged. Items must be in the original packaging (including, if possible, the original delivery box), and be accompanied by the First Principles return form which can be found by contacting email@example.com. Gift cards purchased through our website are non-refundable.
- Processing Refunds. After your refund form has been reviewed and accepted via contact with First Principles, in most cases, your refund will be processed, and a credit will be applied to your credit card or original method of payment within 10 business days. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. For issues related to products purchased during certain events, such as private sale events, your refund may be credited in the form of an electronic gift card, as noted at the time of purchase. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price. If a gift card was utilized in the original purchase, a credit for the value of the refund will be applied to the same gift card.
- Faulty Items. Your garments will be considered faulty if they are received damaged, or a manufacturing fault occurs within 365 days of purchase, pre-washing. Depending on the severity of the fault, First Principles will either credit your First Principles account the cost of a garment repair up to the value of $100 (upon you submitting a receipt), or arrange a full remake free of charge, pending the availability of the style and material used in the original design. Garments damaged as a result of wear and tear are not considered to be faulty.
- Returns Not Accepted. If the return is not accepted due to signs of wear or the damage is not the result of a First Principles error, we regret that we cannot issue a remake or full refund, or return the garments back to you.
- Any duties, customs tax or foreign transaction fees incurred upon purchasing or returning an item from First Principles are non-refundable.
First Principles is not liable for any issues regarding the fit of the garment, if it has been manufactured to the specifications of the customer’s measurements, as shown on their profile, at the time of the order. We recommend that customers visit a store for a fitting every 6 months to ensure that your measurements are up-to-date. Note that we are not responsible for any drastic changes in measurements and shape and that it is up to you to notify us of any major changes too your body measurements.
We recommend that all jeans are collected from the store and worn in the presence of a First Principles’ consultant or staff member within 1 week of delivery. This applies to jeans that are arriving from the factory and jeans that have been altered at the Customer’s request post their initial fitting. If the Customer is unable to collect their jeans within the recommended 1 week time, it is their responsibility to contact and notify First Principles via email or phone. The Customers can request their measurements at any time by contacting firstname.lastname@example.org.
CREDIT CARD FRAUD
First Principles, through our transaction providers Stripe and PayPal, employs the Secure Sockets Layer (SSL) technology to protect all transactions with our consumers. However, First Principles will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used or is used in an unauthorized manner as a result of using the Website.
SUPPLY OF PRODUCTS
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.
When designing your bespoke garments, the images displayed are a representation only, the actual garment that is custom made for you may differ to the represented images. Your ability to return garments is subject to the First Principles Returns Policy. When your order items have been dispatched, we will email you to confirm shipment including a tracking number (for each item, if applicable).
PRODUCTION OF YOUR PRODUCTS
Your garments will be manufactured and delivered to you in accordance with the estimated date stated on the Website at the time of purchase. As all our garments are manufactured-on-demand, as opposed to shipped to you directly from a warehouse facility, unforeseen manufacturing issues can come up from time to time. In these instances, we’ll do our absolute best to still meet the manufacturing timeframe but if we’re unable to, we will let you know immediately. We encourage you to visit the “My Account” section on the Website to view the manufacturing status of your custom-made garments or other product.
SAMPLE PACK CUSTOMER AGREEMENT – LOAN NOT PURCHASE
First Principles “Sample Packs” are designed to help customers understand the fit and feel of our jeans and assist with the customisation journey. “Sample Packs” are sold by First Principles to customers for $295.00 AUD and may comprise up to 4 pairs of “Sample Jeans” (sample jeans). These are jeans distributed on a loan basis from First Principles to Customers and are not sold. The loan arrangement is for 7 days and customers agree to the terms and condition listed below when theypurchase a “Sample Pack”. The sample jeans within the Sample Pack are loaned out to customers for a maximum duration of 7 days from the date of delivery as confirmed via Auspost Tracking. Within this time (7 days), customers are welcome to try on the jeans, wear them indoors only and ensure that the jeans are not damaged or suffer from excessive wear and tear. The customer then must return the jeans in the box and shipping outer packaging provided on delivery. Please see below for details on the terms to which You agree if you purchase a sample pack from our website:
Your Commitment to First Principles:
Delivery to You. We will deliver the Sample Pack once we have confirmed the sample jeans, payment and delivery address. Products may appear different in color and style than the photos displayed on our Website.
Once You Receive the Sample Pack. You are permitted to wear the jeans provided in the Sample Pack indoors only and must keep the jeans in undamaged condition. The jeans must be kept free of stains and rips or tears while in your possession. If you choose to proceed with a custom denim order, your account will be credited (see below under ‘Proceeding With A Custom Denim Order’ and ‘Not Proceeding With A Custom Denim Order’). If you choose not to proceed with a custom denim order, you will be asked to return the Sample Pack and, upon confirmation that the jeans have not endured excessive wear and tear, you will be refunded the full amount paid in AUD less a $15.00 AUD fee, which will be allocated towards shipping. If you choose not to proceed with a custom denim order, you will not be refunded the allocated $15.00 AUD shipping fee.
Returning your Sample Jeans. You must return the Sample Pack within 7 days of delivery or by 5:00pm AEDT on the seventh (7) day from date of delivery as confirmed via Auspost Tracking. The 7 days allocated for You with your Sample Pack are inclusive of the time your Sample Pack is spent waiting for collection at your nearest Auspost location after an attempted delivery. First Principles provides up to 4 pairs of jeans in any given Sample Pack. Customers must return the jeans within 7 days or by by 5:00pm AEDT on the seventh (7) day from date of delivery as confirmed via Auspost Tracking, in order to either claim credit towards a pair of Custom Jeans, or to be eligible for a refund of the purchase amount paid less a $15.00 AUD fee. You must return the Sample Pack and all its contents (up to 4 pairs of sample jeans) to us within 48 hours (excluding Sundays and holidays) of the date you received the return label via email (see below under ‘Return Packaging’). We will then issue you a credit for the full Sample Pack amount paid through our website. If the returned jeans are confirmed to not have endured excessive wear and tear whilst in your possession, this is deemed a “successful return”. If a return is not deemed a “successful return”, it will be at First Principles’ discretion to charge the customer or Gift Card recipient equal to the amount of damage incurred. All Sample Packs within Australia must be returned at a registered Australia Post location. Sample Packs may not be sent back to First Principles by any other method (inclusive of third parties, parcel lockers, street posting boxes, and specific services) unless otherwise stated by First Principles in writing. For more information, please refer to our Refunds & Returns Policy. If you have any further questions, please email us at email@example.com.
Return Packaging. With delivery of the Sample Pack, we will provide You with a pre-paid, pre-addressed return label via email as well as instructions for Your use in returning the Sample Pack.
Proceeding With A Custom Denim Order. If you choose to proceed with a custom denim order following the successful return of your Sample Pack, you will be credited the full Sample Pack amount to your account to be used towards a custom denim order.
Not Proceeding With A Customer Denim Order. If you choose to not proceed with a custom denim order following the successful return of your Sample Pack, you will be refunded the full amount charged upon purchase of a Sample Pack less a non-refundable $15.00 AUD fee.
SHIPPING & DELIVERY
First Principles will make every effort to deliver your custom-made garments or other products purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom-made garments or other product do not arrive within the estimated delivery time, please contact us. We encourage you to visit the “My Account” section on the Website to view the delivery status of your custom-made garments or other product.
Unless otherwise agreed by us, we will deliver your custom-made garments or other product to the address indicated on your order confirmation. If no one is available to take delivery of your order, our carrier may leave a card, so you can pick-up your custom-made garments or other product from a third-party address. If you grant authorization for our carrier to leave your delivery without a signature, you release First Principles and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the First Principles Returns Policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your custom-made garments or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, First Principles will not be liable for any delay or inability to deliver your order within the estimated timeframe.
As a First Principles Customer, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, First Principles does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which First Principles is not to be held liable, but You will be held liable.
In addition, First Principles bears no responsibility regarding the whereabouts or condition of any personal garments sent to First Principles by customers. For example, if a customer sends a pair of jeans to First Principles to use for reference, First Principles bears no responsibility for the safe return or condition of the personal items sent.
Risk and Title in Direct Import Goods passes to you on the date and time of delivery of the goods to First Principles’ nominated delivery agent in the country of export.
IMPORTER OF RECORD AND AUTHORISATION OF CUSTOMS BROKER
As noted above, if your offer is accepted by First Principles in accordance with these Terms and Conditions and notwithstanding that the delivery of the relevant products to your nominated address will be arranged by First Principles, you will be considered the importer of record in respect of those products. If your nominated address is within Australia, you hereby authorise AusPost under the Customs Act 1901 (Cth) to act as your agent in respect of dealing with the Australian Customs and Border Protection Service in clearing the goods on your behalf, including, without limitation, making declarations on your behalf to customs.
REVIEWS, COMMENTS AND GARMENT DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide First Principles, including without limitation, garment designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and First Principles shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of First Principles. You also grant First Principles the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by First Principles will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead First Principles or third parties as to the origin of any Submissions or Content. First Principles may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of First Principles. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund 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 and the failure does not amount to a major failure. Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions. First Principles reserves the right to change the Terms and Conditions at any time.
No First Principles employee or agent has the authority to vary any of the Terms and Conditions.
First Principles shall not be liable for any delay in performing any of its obligations if events occur outside of First Principles’ control, and First Principles will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
Whilst every effort has been made to ensure the information contained within the Website is correct, First Principles makes no warranty as to the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
First Principles, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Victoria, Australia. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction. If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.