Terms & Conditions

These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

TERMINOLOGY

In these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to PVH Brands Australia Pty Limited (ACN 165 485 290) (PVHBA), being the owner and operator of the au.tommy.com website. Tommy Hilfiger (AU) is part of PVH Brands Australia Pty Limited (PVHBA).

AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

ORDERING PROCEDURE - FOR AU/NZ ORDERS

We offer you the option to purchase goods or services described on this website for the price specified on this website. Your order must contain your name, email address and any other ordering information specified on this website. Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. If we have not responded to you within seven days, your offer will be deemed to be rejected. We give no undertaking as to the availability of products advertised on this website. Delivery of the goods or supply of the services to you will be affected in the manner described on this website. Title in the goods does not pass to you until payment has been received in full. Risk of loss or damage to the goods passes to you upon dispatch. Payment options are stated on the website. Prices are inclusive of GST. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services and delivery charges. You are liable for all these charges. We will invoice you for any delivery charges. The goods and services are offered for sale only to individuals (and not corporations) who can make legally binding contracts.

Your receipt of any form of order confirmation (electronic or otherwise) does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time from the receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, to supply less than the quantity you ordered of any item. Payments will be processed at the time of order.

CANCELLATION / AMENDMENT DUE TO ERROR

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may not otherwise be available due to an error or oversight. Sometimes clothing designs change post sample-state prior to production. And there are cases where some items have been photographed from a sample. We strive to always do our best, however things like this happen occasionally due to human error. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your payment method has been processed. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your payment method has been processed for the purchase, we will refund to your payment method as soon as possible for the amount in question.

DISCLAIMER

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, to the extent permitted by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

SPECIFIC WARNINGS

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. 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. For the avoidance of doubt, 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.

We make no warranty that goods or services acquired from us over this website will meet your requirements.

Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions of data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

COPYRIGHT

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: Adapt, reproduce, communicate to the public, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or Commercialise any information, products or services obtained from any part of this website; without our written permission.

TRADE MARKS

This website includes registered trademarks owned by us, our licensors, and our partner suppliers.

You must not use any of our trademarks or the names Tommy Hilfiger or au.tommy.com in or as the whole or part of your own trademarks or business name or company name; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; in a manner that disparages us or our information, products or services (including this website). You must not authorise or assist any person to do any of the acts specified above.

RESTRICTED USE

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 obtained from this website.

LINKED WEBSITES

This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

PRIVACY POLICY

We undertake to comply with the terms of our Privacy Policy. This can be accessed online at au.tommy.com/privacy-policy.

SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

TERMINATION OF ACCESS

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

GOVERNING LAW

These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

VIP LOYALTY PROGRAM

For the full terms and conditions for the VIP Loyalty Program, please see the section headed "VIP Loyalty Program Terms and Conditions” below.

GIFT CARDS

Purchase your au.tommy.com eGift card here!

Spending your au.tommy.com eGift Card

au.tommy.com online store gift cards can be spent only on the Australian au.tommy.com online store. Gift cards purchased in Tommy Hilfiger retail stores cannot be redeemed online. Multiple gift cards can be redeemed against an order.

To use a gift card:

• Enter the 12 character gift card code in the gift cards form in your cart or at checkout.
• Select the ‘Apply’ button before continuing to the next step of the checkout.
• If you choose to apply multiple gift cards to the same order, continue to enter each code and select the “Apply” button after each entry.
• Your card will not be debited until you have submitted your order by clicking "PLACE ORDER" in the checkout.

If the value of items purchased is less than the total value of the gift card, you can spend the remaining amount on a future order using the same card details. If the value of your order is more than the total value of the gift card, you will be prompted to pay the balance with another payment method.

Conditions for use:

• Online store gift cards may only be exchanged for goods on the Tommy Hilfiger Australia au.tommy.com site
• Unused balances on gift cards will expire after 3 years from purchase. Any remaining balance will be cancelled on expiry of the validity period. In the event of any dispute, our records shall be final and conclusive with respect to the date of purchase.
• Gift cards can only be purchased with credit card.
• Gift cards can be combined with au.tommy.com promotional offers.
• A gift card cannot be used to purchase another gift card.
• Gift cards are non refundable and cannot be exchanged for cash or credit.
• Normal au.tommy.com terms and conditions of purchase and use of the au.tommy.com website apply.

Returns of Goods Paid for by Gift Card

If you return a product that was paid for by gift card, the appropriate amount will be refunded on to the original gift card.

PROMOTIONS

Promotions apply to qualifying items only. Promotions cannot be redeemed against a prior purchase or existing order. Promotions may be temporarily disabled at our discretion.

Promo codes cannot be used in conjunction with any other offer. Only one promo code (or “coupon code”) may be used to discount an order or add a free gift with purchase item to an order. To redeem a gift or discount, customers may be required to fulfil minimum spend and category requirements, then apply applicable promo code. The detailed conditions of use relating to any promotion code will be specified at the time of issue.

See here for promotional terms and conditions.

• If you return an item purchased using a promo code (or “coupon code”), your refund will reflect the discounted amount paid.
• If a gift with purchase was received as part of the promotion, the gift must be returned in its original condition. If not returned, the value of the gift may be deducted from your refund.

VIP LOYALTY PROGRAM TERMS AND CONDITIONS

The Tommy Hilfiger VIP Loyalty Program (‘the Program’) associated benefits and services are owned by PVH Brands Australia Pty Ltd (‘PVHBA’). The following information forms the basis of participation in the Program by the customer who will be governed by these terms and conditions. PVHBA reserves the right to add, modify, delete, or otherwise change any of the terms and conditions, benefits and services relating to the Program, at its sole discretion. PVHBA will not be liable for any loss or damage suffered by the member resulting from such withdrawal, cancellation, variation or change. Should you require further information, please contact our Customer Service team on 1300 991 478. PVHBA reserves the right to cancel, discontinue or terminate the Program at any time. Discount may be temporarily disabled at the discretion of the business.

Create an Account

To become a member of the Program, you must create an account at a Tommy Hilfiger store or on the Tommy Hilfiger Australia website (https://au.tommy.com), and confirm that you have read and accepted the terms and conditions and Privacy Policy.

Discount

Members of the Program are entitled to the following discount:

• 10% off their immediate purchases of merchandise on the Tommy Hilfiger Australian website and at Tommy Hilfiger Full Price stores only; and
• 10% off all merchandise on their next purchase at any Outlet stores.

In order to be eligible for the above discount, members must also subscribe to receiving marketing communications from Tommy Hilfiger at the time of their purchase when they sign up to become a member of the Program. The Program discount may not be used in conjunction with any other offer or promotion. PVHBA may amend the amount of the discount and any other benefits or services relating to the Program from time to time. Discount does not apply when purchasing a gift card. However, the discount can be applied to items purchased when paying with a gift card balance.

Membership

Membership to the Program is open to individuals only. Membership and its benefits and services are offered at the sole discretion of PVHBA. Membership has no predetermined termination date and may continue until such a time as PVHBA or the member decides to terminate the membership. Membership entitles members to certain benefits and services relating to the Program, including the discount mentioned above and any other benefits or services that may be offered from time to time. Any abuse of privileges may result in termination or suspension of membership, or termination or suspension of benefits, or both at the complete discretion of PVHBA. Any member that has not been active for at least three years may be removed at PVHBA’s discretion from the list of active members and their membership will lapse. You are no longer considered to be actively interacting with us if, for a consecutive period of three (3) years, you have not purchased an item from us or have not visited one of our website(s).

If you no longer wish to be a VIP Loyalty Program member, you can do so by contact us. If you want to opt out of marketing communications from PVH, you can do so at any time by clicking on the unsubscribe link at the bottom of the emails. Please note that opting out of marketing communications will not cancel your VIP Loyalty Program membership and its related benefits.

Benefits and Services

PVHBA will make every effort to deliver the specific benefits and service to members. However, PVHBA shall not be liable for refunds or for consequential damages resulting from failure to deliver such benefits and services.

Acceptance

By becoming a member of the Program, you agree to these terms and conditions and any variation. You also agree to provide PVHBA with any changes to your contact details.

Personal Data

PVHBA respects the privacy of its members and protects the personal information provided by a customer to be a member to this Program. The PVHBA Privacy Policy can be accessed online at au.tommy.com/privacy-policy. If you have any questions regarding PVH Brands Australia’s Privacy Policy, please call our Privacy Officer/ Data Protection Officer in Australia on 02 93162800 or email us at AUPrivacy@pvh.com. If you would like PVH Brands Australia to send you a copy of this policy, please contact us and we will do so.

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