TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. Please see our notice for further information. In order to purchase from Odd Pears you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Odd Pears retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party that you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of Australian GST. Orders to countries outside of Australia may be subject to local GST, import duties and/or taxes, which are levied once your package reaches your country. Odd Pears ships your package according to Incoterm Delivered Duty Unpaid (DDU), which means we do not collect GST, duties and/or taxes on orders to countries outside Australia and we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. If your country is Australia prices include GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
DELIVERY AND RETURNS
Shipping charges on returned merchandise are at the customer’s expense. However, Odd Pears will not charge additional shipping on exchanges. Refunds for returned merchandise will be made within two weeks of the return of the product, to the original purchaser’s credit card. Note that additional duties and/or taxes will not be refunded. Neither will shipping costs. All exchanges are subject to availability. Faulty items will be exchanged to the same type of product in the same size, subject to availability. Refunds for faulty items can be made within the 14-day period following delivery. All products purchased during our final sale are not eligible for return or exchange. Exchanges and returns can only be made as described in Odd Pears’s instructions, which can be found in your confirmation e-mail. Items cannot be exchanged or refunded at any stores. All orders are fulfilled at our distribution centres on the Sunshine Coast (QLD, Australia) within 2 business day (subject to card clearance and stock availability, up to 3 days during sale). We operate Monday to Friday and not on public holidays. When your order is placed we will send you a confirmation of the purchase. Once your package is shipped we will send you an email with final confirmation and instructions on how to track and collect it. Our appointed courier partners in each region deliver all orders. Uncollected items are subject to 15AUD will be charged for uncollected items if the package is to be re-sent.
Incorrect contact details An extra charge of 15AUD will be charged for returned deliveries caused by entering incorrect or insufficient contact details. Orders to countries outside Australia may be subject to GST, import duties and/or taxes, which are levied once your package reaches your country.
HOW TO RETURN OR EXCHANGE ODD PEARS
Contact Us via email and state your order number, which socks you wish to return and the reason for the return (it helps us to make our socks better). We will respond within 48 hours with further instructions and countless apologies.
If you do not contact us before returning the socks, you run the risk of not receiving your refund or exchange. We do not take responsibility for any lost packages.
We accept card payments by Visa, MasterCard, American Express and Paypal. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Odd Pears is not responsible for any changes in currency value, conversation rates or overseas fees charged by your bank or credit card when purchasing Odd Pears.
Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Odd Pears. The users of the Site intend the Contents, and the Site as a whole, solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Odd Pears.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Odd Pears shall issue you a refund.
Most Odd Pears products displayed on the Site are available in select stores around the world while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Odd Pears a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Odd Pears and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Odd Pears the right to pursue at law any person or entity that violates your or Odd Pears’ rights in the User Generated Content by a breach of these Conditions. User Generated Content submitted by users is deemed non-confidential and Odd Pears is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Odd Pears reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Odd Pears is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Odd Pears or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Odd Pears from any claims that you could otherwise assert against Odd Pears by virtue of any moral rights.
2. USE OF CHAT ROOMS, BULLETIN BOARDS AND OTHER INTERACTIVE AREAS
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Odd Pears provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
Material that is sexually explicit, violent, derogatory, unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Material that promotes illegal drug use, tobacco or firearms use;
Material that constitutes, encourages or provides instructions for a criminal offence, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited advertising or links to other commercial sites;
Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
Material that communicates messages inconsistent with the positive good will of Odd Pears; or
Material that, in the sole judgment of Odd Pears, is objectionable, or which may expose Odd Pears or its users to any harm.
Odd Pears takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Odd Pears liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Odd Pears is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Odd Pears has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Odd Pears reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
3. COMMENTS AND SUBMISSIONS
COPYRIGHT COMPLAINT POLICY - INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Odd Pears that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers):
A clear identification of the copyrighted work you claim was infringed. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed to firstname.lastname@example.org
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.REPEAT INFRINGEMENT POLICY
IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT AND OTHER APPLICABLE LAW, ODD PEARS HAS ADOPTED A POLICY OF TERMINATING, IN APPROPRIATE CIRCUMSTANCES AND AT ODD PEARS’ SOLE DISCRETION, SUBSCRIBERS OR ACCOUNT HOLDERS WHO ARE DEEMED TO BE REPEAT COPYRIGHT INFRINGERS. ODD PEARS MAY ALSO AT ITS SOLE DISCRETION LIMIT ACCESS TO THE SITE AND/OR TERMINATE THE ACCOUNTS OF ANY USERS WHO INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF OTHERS, WHETHER OR NOT THERE IS ANY REPEAT INFRINGEMENT. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ODD PEARS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of Australia, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of Australia.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (a) Odd Pears is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) Odd Pears is not responsible for any other form of transmission received from any linked site. Odd Pears is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Odd Pears of the site. Any concerns regarding any such link should be directed to the particular third party website.
These Conditions are effective unless and until terminated by either you or Odd Pears. You may terminate these Conditions at any time. Odd Pears also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Odd Pears’ sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, Odd Pears disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Odd Pears does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. Odd Pears does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Odd Pears reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall Odd Pears or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if Odd Pears has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against Odd Pears for dissatisfaction with the site or any content is to stop using the site.
Unless otherwise specified and except to the extent Odd Pears products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Odd Pears products and services available in the select foreign markets. This Site is controlled and operated by Odd Pears from its office on the Sunshine Coast, QLD, Australia. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Odd Pears to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside Australia, you are responsible for compliance with all local laws.