Welcome to The Basic Band
This website www.thebasicband.com is managed by Foss Creative Pty Ltd, operating as The Basic Band. The terms “we,” “us,” and “our” refer to Foss Creative Pty Ltd. By accessing or using this Site, including all information, tools, and services, you agree to comply with the terms and conditions (Terms of Service) outlined here.

Online Store Terms
By using our Site and purchasing from us, you agree to be bound by our Terms of Service. You must be of legal age in your jurisdiction or have consent from a legal guardian.

Access
You may use the Site (and any products purchased on or via the Site) for your own lawful, personal and non-commercial purposes only in accordance with these Terms of Service. You must not: modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content (defined below), software, products or services contained within, on or via the Site; use the Site (and any products purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise; publish, distribute, transmit, sell, license or download the whole or any part of the Site or Content (except caching or as necessary to view the Site); use the Site or Content other than for personal use and you must not violate any laws in your use of our service; modify, reverse engineer or create any derivative works based upon the Site or Content; collect account information for the benefit of yourself or another party; use any meta tags or any other "hidden text" utilising any Content; or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

General Conditions
We reserve the right to refuse service at any time for any reason. Your information (excluding credit card information) may be transferred unencrypted and adjusted to meet technical requirements. You agree not to replicate, sell, or exploit any part of our service without our written permission.

Accuracy of Information
We strive to provide accurate and current information but do not guarantee its completeness or reliability. Information on this site is for general purposes and should not be the sole basis for making decisions. We reserve the right to modify site content without obligation to update any information.

Service and Price Modifications
Prices for our products are subject to change without notice. We may modify or discontinue services at any time without notice. We are not liable for any changes, suspensions, or discontinuations of service.

Products or Services
Certain products may be available exclusively online with limited quantities and are subject to return or exchange according to our Return Policy. We strive to display product colours accurately but cannot guarantee their precision on your monitor. We reserve the right to limit sales and quantities, modify product descriptions and pricing, and discontinue products at any time.

Billing and Account Information
When you place an order, you make an offer to purchase the selected goods from us in accordance with these Terms. Your offer is accepted, and the contract for the supply of the goods completed, when an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier. For the avoidance of doubt, your offer has not been accepted when you add 1 or more items to your cart. We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order and notify you via provided contact information. You agree to provide current, complete, and accurate purchase and account information.

Optional Tools
We may provide access to third-party tools without control or input. Use these tools at your own risk and discretion, ensuring you understand and accept the terms provided by third-party providers. Future features and services will also be subject to these terms.

Third-Party Links
Our service may include third-party materials and links. We are not responsible for evaluating or endorsing these materials and are not liable for any harm or damages related to third-party products or services. You should make your own reasonable enquires regarding the content of third-party materials and links. Your linking to or from the third-party materials and links is at your own risk. You should carefully review these terms and conditions and privacy policies of all third-party materials and links that you visit.

User Comments and Feedback
If you upload or otherwise provide any information or content including comments, ideas, or feedback (User Content) in the course of accessing or using the Site or our social media pages, you: agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sublicensable right to exercise and use the User Content (and all Intellectual Property Rights contained therein), including in all media now known or not currently known; are not entitled to compensation for User Content; in respect of any moral rights in the User Content, consent to Foss Creative Pty Ltd: o not attributing you as the author of any copyright works or subject matter; o subjecting the copyright works or subject matter to treatment that would, without the author’s consent, infringe author’s copyright; and agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws. You agree that you will not upload or otherwise provide any User Content that: is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading; infringes the intellectual or other proprietary interests of third parties; or violates any law, statute or regulation.

Personal Information
Your submission of personal information is governed by our Privacy Policy.

Errors and Inaccuracies
Occasionally, there may be errors or omissions in product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these errors and update or cancel orders if necessary.

Prohibited Uses
You are prohibited from using the Site or the Content (defined below) for unlawful purposes, to solicit unlawful acts, violate laws, infringe on intellectual property rights, harass or discriminate, submit false information, upload harmful code, collect personal information, spam, or interfere with security features.

Disclaimer of Warranties; Limitation of Liability
We do not guarantee that our service will be uninterrupted, timely, secure, or error- free. Use of our service is at your sole risk. We provide services and products "as is" without warranties of any kind. Foss Creative Pty Ltd is not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising out of or related to the use of our service the ordering process, the products purchased, or use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise and in no event shall our maximum aggregate liability exceed AUD$1,000.

Indemnification
You agree to indemnify and hold harmless Foss Creative Pty Ltd and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to your breach of these Terms of Service or violation of any law or third-party rights.

Price and Payment
Prices include AUS GST but exclude delivery charges, which must be paid in advance. Payment must be made via the specified methods on the website. If there is a pricing error, we will contact you for instructions or reject the order and notify you. Payment is accepted via Visa, Visa Debit, Mastercard, and PayPal.

Discount Code Terms and Conditions
Discount codes can be applied at checkout, are single-use per customer, and cannot be combined with other offers. They are not transferable, have no cash alternative, and exclude sale items and delivery charges. Codes cannot be applied retroactively. Employees of Foss Creative Pty Ltd are excluded from promotions.

Refund & Returns Policy
For issues with your product or delivery, contact us at hello@thebasicband.com.au or refer to our Exchange and Returns tab. All sales are final, and no refunds are provided for change of mind or sale items. Shipping costs are non-refundable.

Title and Risk
In relation to products that you order: title in the products passes to you on the later of delivery to you or payment in full; and risk in the products (including damage to or loss of the products) passes to you when the products are delivered.

Our Liability
If products are lost in transit or damaged, our obligations are to replace, repair, or refund the products. This does not apply if goods are returned to sender, stolen after delivery, refused, or if incorrect address information is provided. We are not liable for consequential, special, or indirect losses. Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies under the Australian Consumer Law that cannot be excluded, restricted or modified. Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under these Terms of Service will be limited, at our option to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; or (d) paying the cost of having the goods repaired.

Intellectual Property
In these Terms of Service: Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world. The Site, Content and all Intellectual Property Rights comprised in the Site are owned by Foss Creative Pty Ltd or licensors. The Intellectual Property Rights may be protected by Australian and international laws. You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth). Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited.

Force Majeure
We will not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, inability to obtain any necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

Severability
If any provision of these Terms of Service is deemed unlawful or unenforceable, it will still be enforceable to the fullest extent permitted by law. The unenforceable portion will be considered severed from these terms, without affecting the validity and enforceability of remaining provisions.

Entire Agreement
These Terms of Service constitute the entire agreement between you and us, superseding any prior agreements. Any ambiguities in interpretation will not be construed against the drafting party.

Governing Laws
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia. Any failure to enforce any of our rights does not constitute a waiver of those rights.

Changes to Terms of Service
We reserve the right to update or change these Terms of Service at any time. It is your responsibility to check for updates. Continued use of our site constitutes acceptance of these changes.

Contact Information
For questions about these terms, please contact us at hello@thebasicband.com.au.