Terms

  1. Terms and conditions for using our website
    1. The terms and conditions set out below are to be applied to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this   website.
    2. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to ‘Lack of Color’.
  2. Terms of sale
    1. 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.
    2. We will communicate acceptance of your offer after we receive confirmation of your payment being processed. We will send you an acknowledgement e-mail confirming acceptance of your order.
  3. Pricing
    1. All prices stated on the website are in Australian Dollars (AUD).
    2. If you are purchasing from overseas, we will bill any credit card in Australian dollars and your card company will convert the charges for you.
  4. Buying online
    1. To make a purchase from our website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age.
    2. All purchases must be for personal use only. For wholesale enquiries please contact info@lackofcolor.com.au for further information.
    3. Please note, all purchases on sale items are final. We do not accept returns or exchanges of any kind, on sale items under any circumstances.
  5. Electronic transaction
    1. Pursuant to the Electronic Transactions (Queensland) Act 2001 (Qld), the parties consent to this Contract being provided to each other by electronic communication.
  6. Shipping policy
    1. If shipping is within Australia, it will be via StarTrack. Please allow 1-3 business days handling time for your item once your order has been placed. If you have placed your order during a sale period, this timing may be exceeded. Please trust that we always do our best to get your orders out to you as soon as possible.
    2. We cannot guarantee delivery times, however, you should receive your delivery within 1-3 working days. This timing may be exceeded during peak or sale times. Timing may also depend on your own arrangements for mail delivery times with StarTrack. We thank-you for your patience.
    3. We ship worldwide and to all international destinations. International delivery times vary between 3 – 21 days depending on your location.
    4. Orders to countries such as the United States, New Zealand and United Kingdom take approximately 3-10 business days if using the Express option. If you would like a shipping time estimate for your purchase, and you are outside of the regular destination countries, please contact us and we will give you a more precise shipping estimate for your destination country. It is recommended that you choose the Express Shipping option if you are after your items quickly, outside of this ‘regular’ destination country network.
    5. International orders have varied rates of shipping depending on your country/region, please see at checkout for an estimate (click ‘Calculate Shipping’ option). If you have not received your ordered items within this timeframe, please email us (info@lackofcolor.com.au) your full name and order number and we will investigate on your behalf. Lack of Color is not responsible for any delays caused by customs. Sometimes the shipping time exceeds the estimate due to factors outside of our control.
    6. You agree that you are responsible for any duty, taxes, and custom requirements or other like taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.
  7. Delivery
    1. We will use reasonable efforts to deliver your order as soon as commercially practicable. The delivery of your order to the carrier is deemed to be a delivery of the products to you.
  8. Risk
    1. The products covered by each contract (i.e. accepted order) are at your risk upon delivery of the order to the carrier.
  9. Title transfer
    1. Unless otherwise provided in a contract with you, ownership of the products you purchase covered by the contract shall vest in, or be transferred to you at the time your order and payment is submitted on our website and we communicate acceptance.
  10. Payment information
    1. We accept Credit Card, PayPal and bank transfer payments.
    2. 10.2 We also provide a direct deposit option for our Australian customers.
  11. Purchase price includes GST
    1. All prices on the website include GST. All Australian domestic customers and deliveries sent to Australian delivery addresses will be subject to Australian GST as that term is defined under the GST Act.
    2. The current rate of Australian GST is 10%.
    3. When the goods are exported (i.e. sent to a delivery address outside Australia) then the GST component of the price will be removed and the export price will be exclusive of GST.
  12. Privacy policy
    1. Your interactions with us are subject to our Privacy Policy. Lack of Color is committed to protecting your personal privacy. By using our website, you are agreeing to accept the terms of our current Privacy Policy as described therein. If you do not agree with any part of this policy, you may not use our website. Please also note that we may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive.
  13. Personal information
    1. Anyone that makes a purchase or registers to be on our database will need to enter their personal information such as their name, email address and date of birth. This information will be stored and may be used by Lack of Color to send you information about relevant products, latest developments and forthcoming events.
    2. This information will never be sold, rented or given to another party. Please refer to our privacy policy for more information.
  14. Security of information
    1. We take reasonable precautions to keep your personal information secure. Access to your personal information is permitted among the directors, officers, consultants and other employees only on a need to know basis. If the personal information that we have about you is no longer needed for the purposes stated in our privacy policy, we will take reasonable steps to destroy or permanently remove your personal information.
  15. Disclaimer
    1. This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only.
    2. We do not represent or warrant that the information and/or facilities contained in the website are: (a) accurate, complete or current, or (b) that the website will be uninterrupted or error free, or (c) that any defects in the website will be corrected or (d) that the website or the server that makes the website available are free of viruses or any other harmful components.
    3. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
    4. We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
    5. This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.
    6. You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to the use of our website.
  16. Limitation of liability
    1. Your use of our website is at your own risk.
    2. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. The limit of our liability will be the amount paid out by our insurers under any appropriate insurance policy we hold. In any event, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including but not limited to losses or damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
  17. Your obligations
    1. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
    2. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
    3. You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
    4. You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
  18. Intellectual property
    1. All intellectual property, including, copyright, trademarks and designs featured or displayed on the website are owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
    2. Lack of Color is a registered trademark owned by Black Montana Pty Ltd and must not be used or reproduced without our prior written consent.
  19. Restricted use
    1. Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information, materials, content, audio and photographs obtained from this website.
  20. Variation of Terms
    1. We reserve the right to amend or vary the Terms and Conditions or our Privacy Policy from time to time without giving any reasons. We encourage you to read this Terms and Conditions frequently to stay informed.
  21. Jurisdiction
    1. These terms and conditions are governed by the laws in force in Queensland and the Commonwealth of Australia.
  22. Complaints
    1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments regarding Lack of Color or this website, please contact info@lackofcolor.com.au.
Company Information Black Montana PTY LTD trading as Lack Of Color ABN: 30 166 972 587 Lack of Color is able to provide fashion accessory design consulting services for businesses operating in the fashion industry. As an example, in the past we have custom designed specific hats for wholesale, to be sold in our customer’s stores under our brand. If you would like to know more about the design services we can provide or would like us to design a specific product for wholesale, please don’t hesitate to get in touch with our team.