Terms of service

You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, Garms is not obliged to re-send the order to the correct address at our own expense. 

PURCHASE PRICE

All prices quoted on the Website or pursuant to your enquiry with us are in British Pound (GBP). Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.

PAYMENT

Garms accepts payment via most credit/debit cards. 

After you make payment for your order, we will email you an invoice, which confirms receipt of your order.

SECURITY

We recognize that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.

We do not store your credit card details at any time so consumer confidence and satisfaction is assured. 

CONSENT

By agreeing to these Purchase and Shipping terms, you also consent to receive further electronic communications from us in relation to the Garms business, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. 

PROCESSING OF ORDERS

We process purchases on business days, which are Monday to Friday and exclude public holidays.

We will provide you with a tracking number once we have shipped your order to you.

CANCELLATION OF ORDERS

Garms may cancel your order if for any reason we are unable to provide you with the products subject to your order. We will contact you should this occur.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation. 

RETURN OF PRODUCTS

Any return of Products to us by you will be governed in accordance with our Returns Policy. 

 PRIVACY POLICY 

Garms recognises and values the protection of your personal information. We are aware of our obligations under the Privacy Act 1988 (Cth) and we will ensure that we fulfil our obligations under that Act.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

We recognise that you may have concerns about our collection of your personal information via our website and how we may use that information.

We have implemented this Privacy Policy in order to inform you about how we will collect, store, use your personal information and under what circumstances we may disclose your personal information.

Information we collect from you

From time to time, we may ask you to supply personal information such as your name, address, date of birth, telephone number or e-mail address. However, under no circumstances will we request or collect any information from you that may disclose your:

• political, religious or philosophical beliefs or affiliations;
• health and sexuality;
• racial or ethnic origin; or
• criminal convictions.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

Personal information via the Website

Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.

If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.

Use and disclosure of your personal information

Your personal information, including your e-mail address, will be used for the following primary purposes:

1. to process and finalise orders made via the Website;
2. to ensure the proper functioning of the Website; and
3. to assist Garms with our marketing, planning, product development and research requirements.

We will not use or disclose (or permit the use or disclosure of) personal information that could be used to identify an individual member in any circumstances except:

• to ensure the proper functioning of our business and the website
• to communicate promotional offers and special events to you;
• where the law requires us, or authorises us to do so; or
• where you have given express consent to us for a prescribed purpose.

We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the National Privacy Principles contained in the Privacy Act 1988 (Cth) regarding the handling of personal information.

We will take all reasonable steps to ensure that all information collected from you is accurate, up to date, complete and stored in a secure environment and accessed only by our authorised personnel.

Please note that no information transmitted over the Internet can be guaranteed to be 100% secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

SPAM STATEMENT 

Garms is committed to observing and complying with its obligations at all times under any relevant Spam legislation and regulations in any subject country.

For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our website.

We assure you that:

• we have crafted an internal policy to educate staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;
• you may at any time unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to unsubscribe from the mailing list, please send an email advising us of your wish to unsubscribe; and
• we will not use address-harvesting software for any reason whatsoever.

To assist us to combat spam, we request your assistance with the following:

• If you receive an unauthorised commercial message, which appears to originate from a Garms email address, please assume that it has been sent in error and notify us immediately on the above contact details;
• Please ensure that you unsubscribe from any of the Garms mailing lists if you decide that you no longer wish to receive electronic commercial messages from Garms or its contracted third parties; and
• Please notify us of any changes to your personal details or cancellation of your email address so we can update our records.

TERMS OF USE 

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Our services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

Prohibited conduct

In relation to the Website, you must not:

• use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
• use the Website to send unsolicited email messages;
• in any way tamper with, hinder or modify the Website;
• knowingly transmit any viruses or other disabling features to the Website or via the Website; or
• attempt any of the above acts or facilitate or assist another person to do any of the above acts.

 Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Garms and protected with the laws of Colorado, US

.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• reproduce or use any of the material on the Website for commercial purposes, including sale;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of goods supplied or offered by us:

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

Termination

The Terms of Use 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 the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous 

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of Colorado, US. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.