Terms and Conditions

Terms of Use Agreement
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to The Trail Co. indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by The Trail Co..

By ordering or registering on any of our sites, you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. Occasionally, we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at contact@thetrail.co and we will remove you from marketing communications.

Order Acceptance Policy
The Trail Co. reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Trail Co. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. The Trail Co. is a reseller to end user customers and will not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by The Trail Co. unless written authority has been granted.

Liability
The Trail Co. is not liable for any losses or damages arising from any external website linked to or from this website that The Trail Co. does not control. We reserve the right to refuse any order without giving reason. Upon cancellation of an order, we will make all reasonable effort to contact you directly, using the details provided. If an order is cancelled, all received monies will be refunded using the original payment method.

Delivery
The delivery times provided by The Trail Co. are estimates only. The Trail Co. will not be liable for loss or damage caused by late deliveries beyond its control. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping page.

Change of Address
The shipping address for your order is shown in the checkout, your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only made until the order begins processing. The Trail Co. cannot accommodate all address change requests as they are time-dependent.
The Trail Co. takes no responsibility for orders shipped to an incorrect or invalid inputted address and is not liable for any loss associated with this.

International Customs Charges
Some orders may incur a customs or import duty charge. The Trail Co. do not have any control over these charges or are unable to advise what they will be, as they are based on your own countries regulations. For further information, please contact your local customs office. All charges are to be paid by the customer on delivery of order. Orders cannot be returned to sender and The Trail Co. will not be liable to cover these customs charges on your behalf. If you refuse to pay these charges, your parcel may be abandoned and The Trail Co. will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark international orders as a gift in order to bypass or reduce customs fees.

Warranties and Repairs
Most repairs are carried out by the manufacturer and not by The Trail Co.. In some rare cases, faulty items cannot be repaired and a replacement or store credit will be offered. The Trail Co. cannot control the availability of parts of replacement goods.

The Trail Co. has no control over manufacturer warranty periods, nor can we control repair periods and cannot advise what they will be. However, we will do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, The Trail Co. cannot be held accountable for repair periods or communication from the manufacturer. We do not refund postage, or cover the cost of return postage on warranty claims, as your warranty is a manufacturer warranty and not a Trail Co warranty. If the product is damaged or incorrect upon receiving your item, then postage will be refunded

More information about warranties can be found under the returns policy page.

Pricing
All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations and based on an exchange rate. Prices quoted show the recommended retail price and OUR standard price.

If there is a promotion, then the promotion price will be quoted, in addition to the RRP and Standard list price. Discount percentage indicates the discount off manufacturer recommended retail price to current sale price.

Price Matching
We will try our hardest to match the prices of items that you can purchase from other Australian retailers and welcome the opportunity to do so. If you would like us to match a price please give us a call, send us a message or drop into store. We reserve the right to refuse a price match in the event that the product is not available for you to purchase, including in the same model, size and colour, from the competitor; or if the price is below the price we paid to our wholesaler. The cost of postage may also be taken into consideration, where relevant. The product should be in stock and available for purchase at the store offering the lower price. We may request a link to the competitor website showing this. The warranties and guarantees given on the product must also be the same as we are offering - we can't match grey imports.

Refunds and Returns
Returns must be in an “as new” condition with tags attached, unless faulty.

Faulty goods will be dealt with as per the manufacturer's warranty and terms.

Special return offers apply to individuals only.

Due to health regulations, we are unable to exchange or refund on any underwear purchase, unless faulty and within the manufacturer's warranty period.

We recommend sending returns via registered post or courier, as we do not accept responsibility for lost items.

The Trail Co. will exchange or refund your item, provided the item and its packaging are in the original condition, with the original tags attached and within the returns policy timeframe.

Return shipping costs are the customer's responsibility. Return shipping costs will be refunded only where the return is a result of our error.

Gift cards, promo codes and promo prices cannot be applied to exchanges.

Returns must be made within the timeframe listed on the returns page, unless faulty.

Any items returned outside of this period (unless faulty) or items that are returned damaged or soiled (unless faulty) will be the responsibility of the customer to retrieve. The Trail Co. will not pay to return these items to you.

Special Order Items
Products that are specially ordered, non-stocked items, custom made, bulk quantity, or corporate special orders cannot be exchanged or refunded.

Order Cancellations

If notified before goods have been dispatched, The Trail Co. can accommodate order cancellations. If items have been shipped, The Trail Co. reserves the right to either refuse order cancellation or charge a cancellation fee in cases where we are able to request the return of the package from our delivery service.

Copyright and Trademark Notice
This site is owned and operated by The Trail Co.. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of The Trail Co.

All software used on the site is the sole property of The Trail Co. or those supplying the software.
You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
No materials or images from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without The Trail Co.’s prior written permission.

All rights not expressly granted herein are reserved.

Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, The Trail Co. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

The Trail Co. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If your credit card has already been charged for the purchase and your order is cancelled, The Trail Co. shall immediately issue a credit to your credit card account in the amount of the charge.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties.
You acknowledge that The Trail Co. is not responsible for the operation of or content located on or through any such site.

Credit Card Payments
All orders are subject to pre-authorisation checks to ensure sufficient funds are available and to confirm the validity and security of the payment method.

All credit card payments are subject to fraud checks and are assigned a fraud score. The Trail Co. reserves the right to decline or refund an order we suspect to be unauthorised or from an untrusted source.

Promotions
› Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of merchandise only and may be used one time only, unless otherwise stated.

› One-time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

› Promotions do not apply to gift certificates, shipping, GST or duties or similar services.

› Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

› For promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the stated minimum order size requirement.

› For promotions where you must buy one (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

› If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot be applied to a replacement or future order.

› If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.

› Promotional items are available only while supplies last; The Trail Co. does not issue ‘rainchecks’ for items that are out of stock.

› The Trail Co., at its sole discretion, may extend or terminate a Promotion at any time.

› Please note discount coupons are valid for non-sale items only and cannot be used during sale periods, unless otherwise stated.

› By claiming a promotional offer on your order, you agree that you have understood the terms and conditions of that promotion.

MISCELLANEOUS
Severance
Any term in these Terms and Conditions which is prohibited or unenforceable in the jurisdiction specified below will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining terms of these Terms and Conditions nor affect the validity or enforceability of that term in any other jurisdiction.

Contra Proferentum
The contra proferentem rule and other rules of construction will not apply to disadvantage The Trail Co. for drafting a term or otherwise benefitting from a term.

Waivers, Remedies Cumulative
No failure to exercise and no delay in exercising any right, power or remedy in these Terms and Conditions by The Trail Co. operates as a waiver. Nor does any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy. The rights, powers and remedies given to The Trail Co. in these Terms and Conditions are in addition to, and do not exclude or limit, any right, power or remedy provided by law.

Governing Law
These Terms and Conditions are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

No Merger
The rights and obligations of the parties under these Terms and Conditions do not merge on completion of any transaction contemplated by these Terms and Conditions.

Relationship
Except where these Terms and Conditions expressly states otherwise, they do not create a relationship of employment, trust, agency or partnership between the parties.

Entire Agreement
These Terms and Conditions contain all the contractual arrangements of the parties with respect to the items to which it relates, and supersedes all earlier conduct (including any agreements in relation thereto) by the parties with respect to those items.