These terms govern the sale of products by Hanker Pty Ltd ("Hanker"). Please read the terms carefully. Placing an order with Hanker indicates acceptance of these terms. Hanker may amend these terms from time to time. Amendments take effect when posted on the Hanker web site ("the Site"), and apply to all orders placed subsequently.
These terms form a binding contract between Hanker and any person who orders a product using the Site ("You"). If You are under 16 You will need to ask Your parent or guardian to place an order for You.
On placement of an order for a product, You agree to pay the price specified in the order, including the delivery costs advised by Hanker. Subject to payment in full, and subject to these terms, Hanker agrees to supply the product to You and to arrange delivery of the product to the delivery address specified by You at the time of the order.
Requests to obtain out-of-stock products
If a product is not in stock and You request that Hanker obtain stock, Hanker may request that You pay a deposit by way of security. Hanker will allocate stock of the product to You in priority to non-pre-ordering customers. Your deposit will be applied as part payment for the product. If Hanker obtains stock following Your request and You do not place an order, Hanker may retain the deposit paid by You.
Orders not final until products dispatched
An order is not final until the product has been dispatched to You. In certain circumstances, Hanker may be unwilling or unable to fulfil Your order. Hanker may also restrict multiple quantity sales to a single purchaser or delivery address. In such cases, Hanker may cancel all or part of Your order by notifying you before the product is dispatched and refunding payments made by You in respect of that order or part. Hanker has no further obligation or liability to You in those circumstances.
Pricing & exchange rates
Hanker may amend pricing shown on the Site from time to time. Amendments take effect when posted on the Site, and apply to all orders placed subsequently. Hanker is not bound by patently incorrect pricing posted on the Site in error.
If the specific product (including size and style) You order at a non-sale price is placed on sale by Hanker within 7 days after placement of Your order, then You may apply to Hanker for a store credit in respect of the difference between the price paid by You and the sale price.
Prices indicated on the Site are denominated in Australian dollars. If Your credit card is denominated in a different currency, the exchange rate applied will be determined by Your card issuer. Your card issuer may also impose additional fees or charges. Hanker may provide tools on the Site to assist with exchange rates, but any such tools are indicative only and not binding on Hanker.
Taxes, duties & charges
Pricing is expressed inclusive of Australian GST. You are responsible for all other taxes, duties and charges imposed on products ordered by You and on their delivery to You, including in particular import duties imposed by countries other than Australia.
Delivery & insurance
Hanker insures products until they are delivered. Risk in and title to products transfers on delivery. Delivery may be made at the nominated delivery address to You, to the recipient of the product (if a gift), or to another adult at the delivery address who accepts and signs for the delivery on Your or the recipient's behalf.
Hanker endeavours to dispatch orders for in-stock products within 24 hours after receipt of an order. However there may be circumstances in which that order turnaround time is not met. Although Hanker will endeavour to dispatch Your order as quickly as practicable, Hanker has no obligation or liability arising from dispatch or delivery times.
Returns & exchanges
You may return a product within 21 days of receipt provided that: (a) You register the return on the Site within 7 days of receipt, (b) You return the product within 21 days of receipt, (c) the returned product is in saleable condition, unused, unwashed, unworn and undamaged, and in its original packaging in original condition including (if applicable) dust bags, boxes, plastic wrap, garment and security tags, garment belts and accessories, and gift boxes. Except in the case of product defects, You may not return lingerie, swimwear, cosmetics, fragrance or pierced-ear earrings.
If You return a product in accordance with the above terms, Hanker will refund the price paid, less delivery costs and any other taxes, duties or charges imposed in respect of the product. If the product was a gift or a sale product, the refund will be by way of store credit. If You return a non-sale product in accordance with the above terms and request an exchange for a different size (but the same product and style), and stock in the requested size is available, Hanker will bear the delivery costs for the return and for sending the replacement (but You must pay any taxes, duties and charges imposed on the replacement).
Products returned other than in accordance with the above terms may be refused and sent back to You at Your cost. You are responsible for returns until delivered to Hanker. Hanker prefers returns to be delivered by DHL. You must contact Hanker in advance with details of returns that will not be delivered by DHL.
A defective product is a product that is not of merchantable quality, does not correspond with its description, or where a defect in materials or workmanship becomes apparent to You and is notified to Hanker within three months of receipt.
Products damaged by accident or misuse (for example, being dropped), by use other than in accordance with their specifications (for example, improper cleaning), or by normal wear and tear, are not defective. Further, because the performance of computer monitors varies, actual product colour may differ slightly from colour You see on Site images. Differences of that nature are not product defects.
Hanker will pass on to You the benefit of any manufacturer's or distributor's warranty in respect of products ordered by and supplied to You. In some cases, You will need to follow directions included with the product (for example, product registration) to obtain the benefit of the warranty. Claims under those warranties should be directed to the manufacturer or distributor concerned.
Before returning a defective product, You must notify Hanker of the details and reason for the return. Where practicable, Hanker will arrange for the repair of defective products. If a product cannot be repaired, Hanker will provide a refund of the price paid, including delivery costs.
Hanker's liability to You in respect of defective products is limited to repair of the product or refund of the purchase price and delivery costs originally paid by You. In no circumstances will Hanker be liable for any consequential loss, lost revenue or profits, lost data, access or productivity, business interruption, loss of opportunity or any special, indirect or incidental loss. If Hanker concludes that a product is not defective, it will be returned to You at Your cost.
These terms are intended to be read consistently with Your legal rights as a consumer under Australian law. Those rights take precedence over these terms to the extent of any inconsistency between them.
Information You provide
It is Your responsibility to ensure that information You provide to Hanker, including product selection, sizing, delivery address and contact details, is complete and correct. Hanker is not responsible for loss arising as a result of its reliance on information You provide.
Privacy and security
Hanker uses industry-standard security and encryption for communication of confidential information over the internet. Credit card transactions are processed using E-Way, an online payment gateway. Hanker does not receive or store credit card details.
Gift certificates and store credits
Gift certificates are sent to the recipient by email once payment has been processed. Gift certificates and store credits are valid for one year from issue, are not refundable and cannot be exchanged for cash or store credit.
Hanker excludes any term not expressly set out in these terms. If any term is implied by law in these terms and cannot lawfully be excluded, then Hanker limits its liability under that term to the maximum extent permitted by law. These terms constitute the entire agreement between You and Hanker concerning product orders. Any other discussions or documents are superseded by these terms. Hanker may provide information and notices to You under these terms by sending email to the email address nominated by You, or by fax or mail to the number or address nominated by You. Contracts under these terms are made in NSW, governed by NSW law, and the NSW courts will adjudicate any dispute.
Intellectual property rights
The Hanker web site ("the Site") and its content (including text, images and code) are copyright. "Hanker" is a registered trademark. Other trademarks used on the Site are the property of their respective owners. All rights in the Site, its content and the Hanker trademark are reserved. The following are expressly prohibited without Hanker's prior written consent: reproduction, transmission or publication in any form of the Site or its content, use of "Hanker" or any substantially identical or deceptively similar mark, linking to the Site for commercial purposes including for the purpose of reselling Hanker products.
Unintended content, third party sites
Although Hanker endeavours to ensure the Site is up-to-date, complete and correct, Hanker has no liability for errors or omissions in Site content, nor for any malicious code which may be transmitted through the Site. Internet users should install and use up-to-date anti-virus software.
Hanker has no control over or liability for third party sites linked from the Site.
No commercial use
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or have breached any of the terms of access or sale, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than HANKER, including advertisers. HANKER has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.