Under the Sea Shorts

Welcome to the Queen of Clothing website! This website is owned and operated by Queen of Clothing (ABN 11 776 605 346) trading as Queen of Clothing.

Acknowledgement and Acceptance

By accessing and using this website you agree to be bound by these terms and conditions of use, our Returns Policy, our Privacy Policy and any other policies on this website, which all form part of these terms and conditions (‘Terms’). If you disagree with these Terms or any part of these Terms, you must not access or use this website.

Queen of Clothing reserves the right to refuse, withdraw or restrict access to (including individual access) or take down this website at any time without notice for any reason. We will not be liable if for any reason this website is unavailable at any time or for any period.

These Terms may be amended at any time without notice, and it is your responsibility to monitor this website for any changes to these Terms.
Purchases from the Queen of Clothing website must only be for personal use.

Access and Use

You may only access and use this website in accordance with these Terms.

You may only access parts of this website that are designated for unrestricted public access.

You may only access other parts of this website if we have expressly given you permission to do so, but then only for the purposes, and in the manner, permitted.

If we give you a password to access any part of this website, you must keep that password confidential and not disclose it to any other person. You must change your password immediately if you believe that it has become known to any other person.

You must make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions.

You may only save a local copy of, or print material posted on this website for your own information or research, or to inform others about this website.

You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party's computer systems.

We take all reasonable steps to ensure that information on this website is correct, however we do not warrant that it is accurate, complete or current.

We also reserve the right to refuse access or edit or delete material posted by you in contravention of these Terms.

You must logout when you have finished visiting this website, especially if you access it from a shared computer.

Privacy

Please refer to our Privacy Policy for more information about how we collect, use and disclose your personal information and your rights of access to your personal information.

Misuse and Prohibitions

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of the website; or in any way which is malicious, unlawful, offensive or obscene, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, robot, spider, scraper or other malicious computer software or otherwise attempt to damage, interfere with or introduce anything to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website or any network or system underlying or connected to this website.

You must not use this website to transmit or send unsolicited commercial communications, advertising or promotional material, commonly referred to as "spam". You must not hack or attack any aspect of the service or this website; corrupt data; cause annoyance to other users or infringe upon the rights of any other person's proprietary rights.

You must not use, reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit this website or any part of this website for any commercial purpose.

You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or misleading or deceptive material of any kind, or encourage any other person to do so.

You must not post or transmit any material to this website which breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent.

You must not copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms).

Intellectual Property

All trademarks, materials, images and content displayed on this website are the property of Queen of Clothing and any applicable licensors and are protected by copyright, trademark and other intellectual property laws. You may store, print and display the content supplied solely for your own personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Queen of Clothing.

Save for the above, Queen of Clothing does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this website or in the user interface of this website.

Any material you post, send to us on or via this website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, reviews, ideas or other information. We will be entitled to use such material for any purpose without compensation to you and you. All intellectual property rights (including copyright) in the material you post or send to us via this website vest solely and completely in Forever New and you assign all right, title and interest to Queen of Clothing.

Limitation of liability and indemnity

Queen of Clothing will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

To the maximum extent permitted by law Queen of Clothing will not be liable to you (whether under the law of contract, torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any indirect, special or consequential loss for any individual or business losses.

This does not affect Queen of Clothing’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

You agree to indemnify, defend and hold harmless Queen of Clothing, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms.

Reviews

By submitting any content to Queen of Clothing and participating in reviewing items and online content (‘Content’) you represent and warrant that:

• you are the sole owner of the intellectual property rights in the Content.
• you consent to Queen of Clothing reproducing, publishing, copying, adapting, permitted, materially distorting or change or using Content, which or without attribution of authorship and if even if prejudicial to the author.
• all Content is relevant, accurate and genuinely held (where it states opinion) and is not misleading or deceptive.
• you understand you are participating in a public forum.
• use of this website does not violate these Terms and will not cause any damage, loss or injury to anyone.
• the Content does not infringe any third party’s intellectual property rights.
• the Content does not violate any law.
• Content is not obscene, defamatory, hateful, racially or religiously biased, offensive, threatening or harassing to anyone.
• you have not received any form of compensation or granted any consideration by any third party.
• you do not engage in conduct which constitutes an impersonation of any person, or which misrepresents your identity or affiliation with any person.
• you will not include any information that references other websites, addresses, email addresses, contact information, phone numbers or other personally identifiable information in respect of any individual; and
• the Content will not contain any computer viruses, worms or other potentially damaging computer programs or files.

Queen of Clothing reserves the right in its discretion to remove any Content which is fake or otherwise does not comply with these Terms.

You grant Queen of Clothing a perpetual, irrevocable, royalty free, transferable and sub-licensable right and license to use in any way such Content throughout the world without compensation to you or anyone else. This license will survive the termination of these Terms and your use of this website.

Third party websites

This website may contain links to other websites operated, controlled or produced by third parties (‘Third Party Websites’). Unless otherwise expressly indicated, Queen of Clothing does not control, endorse, sponsor or approve any Third-Party Websites or their content. Queen of Clothing does not provide any warranty or take any responsibility whatsoever for any aspect of Third-Party Websites or their content.

It is your responsibility to take appropriate action to ensure that your access to, and use of this website and any Third-Party Websites are protected against, and free from viruses and other similar harmful codes.

Links to this website

No links may be made to this website without the prior written consent of Queen of Clothing. To make inquiries about obtaining such written consent, please contact sales@queenofclothing.com.au

Buying online with Queen of Clothing

To make a purchase from this website or to subscribe to this 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. Any purchases are for personal use only. You must not make purchases for any commercial purpose. Purchases from this website can only be made using the online payment facility on this website with a valid credit card (Visa, MasterCard or American Express), gift card, or via Zip or PayPal.

To provide a quicker and smoother checkout process, Queen of Clothing offers customers the option to save their credit card details via the website.  Credit card details are not saved or stored by Queen of Clothing or on Queen of Clothing’s website server: instead, credit card details are saved by Queen of Clothing’s financial technology platform provider.  

Queen of Clothing reserves the right to refuse to fulfil or cancel any order; including those that it considers to be a bulk order, fraudulent, not for personal use or otherwise do not comply with these Terms.

When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance of the order and completion of the sale will not occur until your payment has been received by us. To help ensure that your shopping experience is safe and secure Queen of Clothing uses Secure Socket Layer (SSL) technology. SSL Certificates give high-security web browsers information to clearly identify a Web site organisational identity. This encrypts all the information you send to us including your credit card details.

Forever New reserves the right to withdraw any product from sale at any time without notice for any reason.

Pricing and Availability

Queen of Clothing strives to ensure that all details, descriptions and prices which appear on this website are accurate, however errors may occur from time to time which we will correct without notice. If we discover an error or we are unable to fulfil the order for any reason, we will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method. If your order is cancelled in accordance with these Terms, your payment will be refunded, crediting your original method of payment. If payment was made using a credit card that card issuer controls the timing of the refund.

All prices stated on the website are in Australian dollars ($AUD) and include Australian Goods and Services Tax (GST). Delivery costs are charged and displayed in addition to the cost of the item(s). We reserve the right to alter prices and delivery costs at any time for any reason. From time to time, prices on the website may vary from prices in Forever New stores.

We reserve the right to refuse to fill any orders that you may place based on incorrect information on the website or withdraw any product from sale without notice, for any reason.

All products and offers shown in this website are subject to availability at the advertised price. We cannot guarantee that your size and style will be in stock when you order from this website.

Dispatch times may vary according to availability, and we take no responsibility for any delays in delivery.

Title in items purchased from this website passes to you once we have received full payment for the product. Risk in items purchased passes upon dispatch of the order.

Promotions and Offers

We may from time to time offer limited promotional discount codes which may be used to purchase items on this website. The conditions of use relating to any discount code will be specified at the time of issue.

All Queen of Clothing promotions and offers are for a limited time only and while stocks last. Queen of Clothing reserves the right to terminate, suspend or modify a promotion or offer without notice.

All promotions and offers are non-transferable or redeemable for cash.

Waiver

If you breach these Terms, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms. Any waiver of any provision of the Terms will be effective only if it is in writing and executed by Forever New.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. Any dispute arising under these Terms shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Breaches of these terms and conditions

Without prejudice to Queen of Clothing ’s other rights under these Terms, if you breach these Terms in any way, Queen of Clothing may take such action as it deems appropriate to deal with the breach, including suspending your account or access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Variation

Queen of Clothing may amend these Terms from time-to-time without notice to you. Any amendments to these Terms will apply and take effect immediately at the time they are published on this website. It is your responsibility to monitor this website for any changes to these Terms to ensure you are familiar with the current version.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms constitute the entire agreement between you and Queen of Clothing ’s in relation to your use of this website and supersedes all previous agreements in respect of your use of this website.

Questions

If you have any questions regarding Queen of Clothing or this website, please contact our customer service team by email at sales@queenofclothing.com.au 

Updated September 2023