1. GENERAL & DISCLAIMER
1.1 In these Terms & Conditions ("T&Cs"), "We", "Us", "Our", "The Trybe" or "thetrybe.com.au" means Accent Group Limited trading as The Trybe (ABN 85 108 096 251), its subsidiaries and associates (unless otherwise stated).
1.2 This website, and our online store (our "Website") is a channel for customers to place orders for products we have available for purchase.
1.3 We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
1.4 While the information contained in the Website is believed to be accurate and current, it is provided by The Trybe in good faith on an "as is" basis. The Trybe, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
1.5 You may have rights under Australian Consumer Law, and these T&C's do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
1.6 To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
2.1 The Trybe website and online store (collectively, our "Website") is owned and operated by Accent Group Limited trading as The Trybe (ABN 85 108 096 251)
2.2 Access and use of The Trybe website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our "T&Cs").You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our "Services"). Your use of The Trybe website constitutes your agreement to the T&Cs.
2.3 The Trybe reserves the right to amend the T&Cs at any time and without notice to you. The Trybe may change the T&Cs from time to time, and your continued use of The Trybe Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at thetrybe.com.au
2.4 These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
3.1 The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
4. ORDERS, PRICING, AVAILABILITY
4.1 Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Shipping & Returns details contained within this website for more information regarding delivery charges.
4.2 Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.3 The Trybe reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.4. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
4.5 Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value-added tax imposed on any product or services acquired or ordered by you from this website.
5.1 Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step and can choose not to proceed at any time before payment is taken.
5.2 We accept payment via Visa, Mastercard, American Express (AMEX), PayPal and The Trybe Gift Cards and Vouchers. You must comply with the applicable T&Cs of these providers.
5.3 To use a Gift Card online, please ensure you have a valid Gift Card.
6. FRAUD PROTECTION
6.1 The Trybe carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from The Trybe may contact you directly as part of this protection process.
6.2 If The Trybe determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
6.3. If you believe you have been a victim of fraud, please call our Customer Experience team on 1800 954 474 (press option 4 once prompted) or fill out the contact form here so we can escalate the issue appropriately.
7.1 Please read the Refunds & Returns Policy contained within this website for refund details. Our Refunds & Returns Policy outlines the circumstances that a refund will be available to you.
7.2 In the event The Trybe requests your bank account details to issue a refund, please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.
8.1 Please read the Delivery Information contained within this website.
8.2 Delivery times are indicative only, and The Trybe will not be liable for any failure to observe these delivery times.
9. RISK & TITLE
9.1 The Trybe will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery.
9.2 You should consider whether you need to obtain any suitable insurance.
10. E-NEWSLETTER SIGN-UP
10.1 Subscribing to The Trybe e-newsletter is not compulsory, and you can unsubscribe at any time.
10.2 We will never sell or share your information with third parties.
11. ONLINE ACCOUNT
11.1 The Trybe offers the ability for you to create an Online The Trybe Account.
11.2 You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. The Trybe is entitled to assume that anybody accessing your account using your confidential username and password is you.
11.3 Be aware that others may access your account and private information if you do not sign-out before ending your session with The Trybe. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
12. LIMITATION OF LIABILITY
12.1 The Trybe will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The Trybe has been advised of the possibility of such damages.
12.2 Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of The Trybe for any breach of such term, condition or warranty shall be limited, at the option of The Trybe to any one or more of the following:
If the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
If the breach relates to services:
- the supplying of the services again; or
The payment of the cost of having the services supplied again.
14.1 All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, "Our Content") is the property The Trybe, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
14.2 Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of The Trybe.
15. THIRD-PARTY CONSENT, USER CONTENT & YOUR CONTENT
15.1 At times the Website may contain links to other websites, which are not operated by us ("Linked Sites"). We may also provide embedded content hosted and controlled by third-party providers ("Embedded Content"). The Trybe has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility and is subject to the T&Cs of Linked Sites and Embedded Content.
15.2 The Trybe does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
15.3 At times you may be able to provide, contribute, upload and publish (collectively, "Publish") your own data, content or materials ("User Content") to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
15.4 You own any User Content that you Publish on The Trybe Website ("Your Content"). Other users own any User Content they publish to The Trybe Website. The Trybe reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
15.5 Your content must not include:
- Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
- Content that reveals private information, such as your or another person's identity; or sensitive information, including names, email addresses, phone numbers or addresses.
- Content that infringes, or could possibly infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
- Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
15.6 You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.
15.7 You are not entitled to any payment or compensation from The Trybe for our use of Your Content, or any User Content.
15.8 You can request removal of any User Content you Publish at any time by contacting us via our website contact form available here: Online Enquiry Form.
15.9 You can report violations of the third-party and user content terms by contacting us via our website contact form available here: Online Enquiry Form.
16.1 The Trybe does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
16.2 The Trybe will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on The Trybe it shall be limited to the cost of re-supplying that information.
17. PROMOTIONS, PROMOTIONAL VOUCHERS & COUPON CODES
17.1. From time to time, The Trybe may hold promotions such as special offers and discounts in-store or online. These promotions may be provided across both our in-store and online channels, but may also be limited to in-store or online channels only. Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
17.2. On our Website, "Promotional Voucher", "Gift Voucher" and "Store Credit" may be used interchangeably. "Coupon Codes" and "Promo Codes" may also be used interchangeably.
17.3. Please note that there is a distinction between a "Gift Voucher" and "Gift Cards/e-Gift Cards". This section only relates to "Gift Vouchers", not "Gift Cards/e-Gift Cards"
17.4. We accept Promotional Vouchers and Coupon Codes as payment, or partial payment, for certain or specified purchases online. It is your responsibility to read the specific details about your Promotional Voucher or Coupon Code as provided with your Promotional Voucher or Coupon Code. These additional terms may outline what your Promotional Voucher or Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.
17.5. We reserve the right to deny use of the Promotional Voucher or Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud The Trybe store through the use of a Promotional Voucher or Coupon Code.
17.6. If the credit of a Promotional Voucher is insufficient to complete payment for an order, you can choose another accepted means of payment to cover the shortfall. This could include an accepted Credit Card, PayPal, AfterPay or Gift Card where applicable.
17.7. Promotional Voucher and Coupon Code Exclusions:
- Unless otherwise specified, Promotional Vouchers and Coupon Codes cannot be used to purchase Gift Cards, Sale/Discount Merchandise and third-party or Non-Merchandised Product (e.g. Event Tickets).
- Unless otherwise specified, Promotional Vouchers and Coupon Codes are not available in conjunction with any other offer, including other coupon codes.
18. GIFT CARDS
18.1. The Trybe Gift Cards can be purchased in store and are redeemable at any The Trybe retail store in Australia or online at https://www.hypedc.com/au/.
18.2. Gift Cards are valid for 3 years from the issue date, or until no amount remains on the Gift Card. Any balance that remains on the Gift Card after expiry will not be available for use.
18.3. Gift Cards cannot be exchanged (wholly or partly) for cash, reloaded, topped up or used to purchase other gift cards.
18.4. The value shown on a Gift Card includes GST.
18.5. Gift Cards are partially redeemable and any unused balance can be used for future purchases up to the expiry date.
18.6. Gift Cards should be treated like cash. Lost or stolen gift cards will not be replaced or refunded.
18.7. Items purchased using Gift Cards that are subject to our returns or refunds policy will be refunded as store credit. We reserve the right to issue you with a new Gift Card equivalent to the value of your refunded Gift Card purchase.
18.8. Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card until we are satisfied that no fraud has occurred.
18.9. We reserve the right to change these conditions at any time and will provide at least 14 days’ notice by posting the changes on this website. If you contact us within the notice period and do not accept the changes, we can cancel the Gift Card and refund you any value remaining on the Gift Card.