Terms & Conditions
Terms & Conditions
These Terms & Conditions apply when you use the Urban Avenue website or place an order with us. They preserve the structure and customer protections of the store’s existing terms while localising them for Australian customers.
Contents
- Definitions
- Identity of the business
- Application
- The offer
- The agreement
- Change-of-mind returns and consumer rights
- Customer obligations during the return period
- Exercising a return and return costs
- Our obligations after a return
- Return exclusions
- Prices
- Performance and additional guarantees
- Delivery and fulfilment
- Ongoing transactions
- Payment
- Complaints
- Disputes and governing law
- Additional or different terms
- Changes to these terms
1. Definitions
In these terms:
- Additional agreement means an agreement under which a customer obtains products, digital content or services connected with an order and those items or services are supplied by us or a third party under an arrangement with us.
- Change-of-mind period means the voluntary return period described in these terms and our Returns & Exchanges Policy.
- Customer means a person acquiring goods or services for personal, domestic or household use or consumption, or otherwise as a consumer under applicable law.
- Day means a calendar day.
- Digital content means information produced and supplied in digital form.
- Durable medium means a method, including email, that allows information addressed personally to a customer to be stored and reproduced without change for an appropriate period.
- Distance agreement means an agreement made without the parties being physically together, including an online order.
- We, us or our means Urban Avenue.
2. Identity of the business
- Business name: Urban Avenue
- Business address: Berghemseweg 229 C, 5348CG Oss, Nederland
- Email: webshop@urban-avenue.com
- Telephone and availability: +31 20 808 9333, during Monday to Friday 9:00 am–5:30 pm AET; Saturday and Sunday 9:00 am–2:00 pm AET
- Australian business or company number: as published in our business details, where applicable.
3. Application
These terms apply to every offer we make and every agreement formed between us and a customer through the website. We make these terms available before an order is completed and in a form that can be stored or printed. If product-specific terms also apply, both sets of terms apply. Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
4. The offer
If an offer is available for a limited period or subject to conditions, we will state this clearly. We aim to describe products, digital content and services accurately enough for a customer to make an informed decision. Images are intended to represent the products accurately, although screen settings can affect colour. Obvious errors do not bind us, but we will correct them promptly and deal fairly with affected orders.
5. The agreement
An order is an offer to buy. An agreement is formed when we accept the order after the required conditions, including payment authorisation, have been met. We will send an electronic confirmation. We use reasonable technical and organisational security measures for online ordering and payment. Within legal limits, we may perform fraud, identity, stock and payment checks and may refuse or place reasonable conditions on an order where there are legitimate grounds.
We will provide the legally required order information electronically or in another durable form no later than delivery. For an ongoing agreement, this requirement applies to the first supply unless the law requires otherwise.
6. Change-of-mind returns and consumer rights
For eligible products, we offer a voluntary 14-day change-of-mind period starting on the day after delivery to you or your nominated recipient. For an order delivered in separate parcels, the period starts after the final parcel is delivered. This voluntary policy is separate from, and does not limit, rights under the Australian Consumer Law.
Where goods fail to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, cancellation or compensation depending on the circumstances and whether the failure is major. These rights are not limited to 14 days.
7. Customer obligations during the return period
During the change-of-mind period, handle the product and packaging carefully. You may inspect the item only as reasonably necessary to establish its nature, characteristics and fit, as you would in a physical store. You may be responsible for any reduction in value caused by handling beyond that level. This does not affect remedies for faulty, unsafe, damaged, misdescribed or otherwise non-compliant goods.
8. Exercising a return and return costs
To request a change-of-mind return, notify customer service within 14 days of delivery using the return form or another clear statement. Send the item back within the timeframe in the return instructions, complete and in its original condition, with supplied accessories, tags and, where possible, original packaging.
The customer bears the direct cost and transit risk of a voluntary change-of-mind return unless we state otherwise. Where goods are faulty, incorrect or covered by a legal remedy, return or collection costs are handled as required by law.
9. Our obligations after a return
We will acknowledge an electronic return request. For an approved change-of-mind return, we refund the eligible amount to the original payment method after receiving and inspecting the item. We may wait until the returned product is received. If you selected a delivery service more expensive than the least expensive standard option, any extra delivery cost may not be refundable for a change-of-mind return. Refund processing by a bank or payment provider can take additional time.
10. Return exclusions
We may exclude a product from the voluntary change-of-mind policy only where this is lawful and clearly disclosed before purchase. Examples may include personalised goods, sealed hygiene-sensitive goods after the seal is broken, perishable goods and digital content supplied with consent. These exclusions do not remove rights under the Australian Consumer Law where goods fail to meet a consumer guarantee.
11. Prices
Prices are displayed in Australian dollars unless clearly stated otherwise and include applicable GST where required. Prices remain as shown during the stated offer period, subject to genuine corrections, legal tax changes and any conditions clearly disclosed before purchase. The total price, including applicable delivery charges, is shown before payment.
12. Performance and additional guarantees
We are responsible for supplying goods and services that meet the agreement, the description and applicable consumer guarantees. Any additional warranty from us, a supplier, manufacturer or importer is in addition to, and does not limit, rights and remedies under the Australian Consumer Law.
13. Delivery and fulfilment
We take reasonable care when accepting and fulfilling orders. Delivery is made to the Australian address provided by the customer. We aim to deliver within the estimated timeframe shown at checkout. If delivery is materially delayed or all or part of an order cannot be supplied, we will notify the customer and provide the remedy required by the agreement and applicable law. Risk in the goods passes as provided by applicable law and the delivery arrangement.
14. Ongoing transactions
If we offer an ongoing or recurring agreement, its duration, cancellation method and any renewal conditions will be clearly disclosed before purchase. A customer may cancel in accordance with those disclosed conditions and applicable law. We will not rely on an unfair contract term or conceal an automatic renewal.
15. Payment
Amounts due must be paid using an available method at checkout and within the period stated in the agreement. Customers must promptly tell us about errors in payment details. If a payment is late or reversed, we may seek payment or suspend fulfilment only as permitted by the agreement and law. Any fees must be disclosed and lawful.
16. Complaints
We maintain a customer-service process for complaints. Submit a clear description of the issue, your order number and relevant evidence via webshop@urban-avenue.com. We will acknowledge the complaint and aim to provide a substantive response within a reasonable time. If more time is needed, we will explain the expected next step.
17. Disputes and governing law
These terms are governed by the laws of Australia and the applicable State or Territory connected with the transaction. Courts and tribunals with lawful jurisdiction may hear a dispute. Nothing in this clause prevents a customer from using rights or forums available under the Australian Consumer Law or other applicable law.
18. Additional or different terms
Any additional or different term must be recorded clearly in writing or another durable form. It must not remove or reduce rights that cannot lawfully be excluded. If a term is inconsistent with a mandatory consumer protection, that protection prevails.
19. Changes to these terms
We may update these terms when our services, business or legal obligations change. Updated terms apply from publication and do not retrospectively remove rights attached to an earlier accepted order. Where a change affects an ongoing agreement, we will provide any notice required by law and apply the version most favourable to the customer where the law requires.
Return request form
To: Urban Avenue, Berghemseweg 229 C, 5348CG Oss, Nederland, webshop@urban-avenue.com. I/We request a return for the following product(s): . Ordered on / received on: [date]. Customer name: [name]. Customer address: [address]. Order number: [number]. Reason, if provided: [reason]. Signature, only if submitted on paper: [signature]. Date: [date].