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Terms and Conditions

The following rules and regulations apply to all visitors to or users of the website, the homepage of which is at theark.com.au. By using this website, you agree to be bound by these rules and regulations, as they may be modified at any time and posted on this website. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the The Ark website and its contents (including without limitation, all text, photographs, images, video and audio) are the exclusive property of The Ark Clothing Investments Pty Ltd Trading As The Ark Clothing Co. (hereinafter referred to as "The Ark") and are protected by copyright, trademark, trade dress and other laws.

THE ARK

The Ark is an Australian owned and operated fashion business. All items, products and services displayed are in AUD Australian dollars unless otherwise stated.

COPYRIGHT NOTICE

The "The Ark" website and all of its materials, including but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other international laws and treaties.

All Materials are provided by The Ark as a service to its current and prospective customers and visitors to the website and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you.

This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions.

  1. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website for any of its Materials without our express prior written permission;
  2. You may not access or use The Ark website for any competitive or commercial purpose; and
  3. You may not permit any copying of our Materials. Any unauthorised copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited.

The Ark may revoke this limited license at any time for any or no reason.

All rights not expressly granted are reserved by The Ark.

SITE CREDITS

This website contains trademarks of The Ark. No license, interest or right to or in any such trademarks of The Ark is granted to or conferred upon you. Any reproduction or use of any of the content on this site, without the express written consent of The Ark or unless expressly authorised by law, is prohibited.

If you use any of The Ark's trademarks to refer to our activities, products or services, you must include a statement attributing those trademarks to us. You must not use any of our trademarks:

  1. in or as the whole part of your own trademarks;
  2. in connection with activities, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive; or
  4. in a manner that disparages us or our information, products or services.

This website may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than The Ark. These trademarks, trade names or brand names are the property of the respective owners and references to them do not suggest sponsorship or association with The Ark.

TERMS OF SALE

All orders are subject to the following terms and conditions:

  1. All orders are subject to availability and confirmation of the order price
  2. Unforeseen problems or unexpected demand may occasionally result in stock being unavailable
  3. In this case we will provide a full refund
  4. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. Please see our delivery and returns policies for further information.

SALES AND PROMOTIONS

The Ark Clothing Co. reserves the right to cancel any sale or promotion at any time. The following stipulates our terms and services for The Ark Clothing Co - in store and online:

Gift Vouchers & Credit Notes (prior to December 1, 2024)

Gift Vouchers - Gift Vouchers are valid for 3 years (36 months) from date of issue.

Sales Credit Notes - Sales credit notes are valid for 2 years (24 months) from the date of issue.

Welcome Offer

  1. New newsletter subscribers can receive a unique $30 off voucher code via email
  2. Offer is valid for use in-store and online, site-wide, excluding gift vouchers or services, on orders with a minimum $150 value
  3. Offer is not able to be redeemed in conjunction with any other offer, promotions, discounts, or used on sale items.
  4. Offer is valid for one use per customer, redeemed in-store at first purchase or by entering the unique code at checkout.
  5. Not applicable to gift cards or services.
  6. If items purchased using this offer are returned, the refund amount will exclude the $30 discount. The Ark reserves the right to amend or terminate the promotion without prior notice.
  7.  

General Discounts

  1. The Ark Clothing Co. cannot guarantee the availability of stock during any sale period.
  2. Discounts cannot be retrospectively applied to previous orders.
  3. Applicable refunds or gift vouchers provided will only reflect the purchase price of the item as displayed on the receipt, rather than the original ticket price.
  4. We may offer promotional discount codes to be used on all or part of the site.
  5. Discount codes may not be used to purchase gift vouchers.
  6. Free Shipping promotions apply to domestic AU addresses only, and exclude Express Post and International shipping, unless otherwise stated.

VIP Program

  1. Every customer who spends $500 or more, online or in-store, at The Ark in a 12-month period, and is subscribed to our mailing list is deemed an Ark VIP.
  2. Ark VIPs receive a benefit of 5% off every purchase in-store or online full price purchases
  3. The discount is applied automatically in-store, or via discount code online
  4. The Ark VIP discount cannot be combined with any other discount code or offer online - except when noted/listed
  5. The Ark VIP discount is not valid on Gift Voucher purchases.

LINKING

Periodically, links may be established from this website to one or more external websites or resources operated by unrelated third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to The Ark website. These links should not necessarily be deemed to imply that The Ark endorses the Third Party Sites or any content therein.

The Ark does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials available from such Third Party Sites. Access to any Third Party Site is at your own risk and The Ark will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use or reliance on any such content, goods or services available on or through any such Third Party Site.

SPECIAL NOTICE

The Ark has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Linking to The Ark web page is prohibited without express written permission from The Ark. Framing, inline linking or other association of the The Ark website or its materials with links, advertisements and/or other information not originating from the theark.com.au website is prohibited absent express written permission from The Ark.

LIMITATION OF LIABILITY

In no event will The Ark be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked websites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from the use of or reliance on the information present.

SITE UPDATES AND REVISIONS

The Ark may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time and without notice. The Ark also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. The Ark may terminate the authorisation, rights, and license given above at any time and without notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes.

SUBMISSIONS

We welcome your comments regarding this website. However any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to The Ark shall be and remain the exclusive property of The Ark. Your submission of any such Comments shall constitute an assignment to The Ark of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Ark will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, or original artwork.

If you have any further questions regarding our site terms and conditions, please contact The Ark directly via hello@theark.com.au.